DWR SWP Read File Archive Nov 2008

Michael F. Easley, Governor
fG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 3, 2008
Rutherford County
DWQ Project No. 081633
NCSR 1725 (South Creek Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
Buck Hollow Branch and in an unnamed tributary to South Creek, for the purpose of widening and making
improvements to NCSR 1725 (South Creek Road) in Rutherford County:
Site
Site 1 Sta.
1+50
Site 2 Sta.
23+00
Total
., 4Fn Rrnarl B2ivPY Ravin
Permanent
OLI VAuA xu.
Temporary Fill in
tww u. �....... ..».... o..
Permanent Fill in
... �__---
Temporary
Total Stream
Stream
Fill in
Intermittent Stream
Perennial Stream
Dewatering in
Impact
Impacts
Intermittent
(linear ft)
(linear ft)
Perennial Stream
(linear ft)
Requiring
Stream (linear
(linear ft)
Mitigation.
linear ft)
ft)
0
0
6
40
46
0
0
0
16
40
56
0
0
p
22
80
102
0
Total Stream Permanent Impact for Project: 22 linear feet. Temporary Impact for Project: 801mear feet.
The project should be constructed in accordance with your application dated October 23, 2008 (received October 28,
2008), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 PhonFAX [phone] Customer
er Service
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer

Mr. J. J. Swain, Jr., P.E.
November 3, 2008
Page Two
1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Adequate sediment and erosion control measures must be installed and maintained on the project site to minimize
transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent
herbaceous cover shall be planted on all bare soil within 15 working days of ground disturbing activities. Erosion
control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting
shall be secured in place with staples or wherever possible. Matting should be secured in place with staples or
wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity
causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer
areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
6. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
9. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream..
10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the. Division Engineer
and the on -site project manager.

,r., P.E.
z008
, 7. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
20. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
his letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
081633 (Swain) NCSR 1725 (South Creek Road)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
November 3, 2008
Mr. Mack Edmisten, Director of Public Utilities
City of Lenoir
Post Office Box 958
Lenoir, North Carolina 28645
Subject: Permit No. WQ0033561
City of Lenoir
Zacks Fork Road
Wastewater Collection System Extension
Caldwell County
Dear Mr. Edmisten:
In accordance with your application received on October 30, 2008 we are forwarding herewith
Permit No. WQ0033561, dated November 3, 2008, to the City of Lenoir for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this
collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70, Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper
NorthCarolina
Nahmally

City of Lenoir
November 3, 2008
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Lenoir to construct and operate approximately 950 linear feet of 8-inch diameter
gravity sewer to serve Zacks Fork Road a residential area and the discharge of 44 640 allons or
g p
day of additional wastewater into the City of Lenoir's existing sewerage system, pursuant to the
application received on October 30, 2008 and in conformity with 15A NCAC 2T .0305; the Division's
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted
June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the City of Lenoir's
Lower Creek Wastewater Treatment Facility (Permit No. NC0023981) prior to being discharged into the
receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Caldwell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0023736)
Joel A. Whitford, PE
PERCS Files
Surface Water Protection Section Central Files
G:\WPDATA\DEMWQ\Caldwell\Lenoir Collection System\WQ0033561 Lenoir- Zacks Fork Road.doc

i
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
CITY OF LENOIR
FJOA��_ r
CALDWELL COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033561
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 26 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed .and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.

4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213.0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but In no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:

NQ0033561 City of Lenoir: Zacks Fork Road: Caldwell County, November 3 2008
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 3d day of November, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for C teen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033561
3

Permit No W00033561 City of Lenoir; Zacks Fork Road; Caldwell County. November 3, 2008
ENGINEERING CERTIFICATION ® POST CONSTRUCTION
System Description:
950 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for an changes han.ges resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, , as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
q Coleen H. Sullins, Director
Division of Water Quality
Aag
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 3, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8589
Mr. James J. Schenker
TA Operating Corporation
24601 Center Ridge Road
Westlake, OH 44145-5334
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO085952
TA Operating Corporation
Candler Travel Center
Case No. LV-2008-0401
Buncombe County
Dear Mr. Schenker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,265,00 ($1,200.00 civil penalty + $65.00 enforcement costs) against TA Operating Corporation.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by TA Operating Corporation for the month of June 2008.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in
June 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated
the terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215. 1 (a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against TA Operating Corporation:
Nose hCarolina
atuwlly
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www ncwaterguality.org FAX [phone] 623-7748
Qr�

1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No,
$150.00 NC0085952, by discharging waste water into the waters of the State \
in violation of the Permit Daily Maximum limit for BOD.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N.
1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$375.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N.
$1,200.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$1,265.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to. private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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

accepts filings Monday through Friday between the hours of 8:00 a.m, and 5:00 p.m., except.
official state holidays. The original and one (1) copy of the petition must be filed with the Offico,
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
James & James Environmental/ ORC w/ attachments
GAWPDATA\DEMWQ\Buncombe\85952 Candler Travel Center\LV-2008-0401.85952.doc

JUSTIFICATION FOR REMISSION REQUEST
,✓Q Case Number: LV-2008-0401 County: Buncombe
Assessed Party: TA Operating Corp./ Candler Travel
Permit No.: NCO085952 Amount Assessed: $1,265.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRON'i,,
AND NATURAL RESOURCES..
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TA OPERATING CORP/ CANDLER TRAVEL 1
PERMIT NO. NCO085952 ) FILE NO. LV-2008-0401
Having been assessed civil penalties totaling $1,265.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 3, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
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�R Michael F. Easley, Governor
pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
© Division of Water Quality
November 4, 2008
TO: Anita E. Reed, PE; CG & L
FROM: Jeff Menzel, ARO':�Zpvj
DATE: October 30, 2008
SUBJECT: (Re) Request for an A to C
Flue Gas Desulfurization WWTP
Duke Energy Cliffside
NPDES Permit Number NC0005088
Rutherford County
After reviewing the Request for an Authorization to Construct dated October 16th, 2008, the
Asheville Regional Office is aware of no special conditions nor recommendations for inclusion,
which need to be made a part of the Authorization to Construct for the proposed wastewater
treatment system.
If you or your staff have any questions, please call me at 828-296-4500.
cc: Roger Edwards
Keith Haynes
WrthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.,ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Rutherford\05088 Duke Cliffside\05088 A to C, Staff Report.doc
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Willie Bill Hodge
Town of Spindale
PO Box 186
Spindale NC 28160
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
November 4, 2008
SUBJECT: Bioassay Compliance Inspection
Spindale WWTP
Permit No: NCO020664
Rutherford County
Dear Mr. Hodge:
Enclosed please find a copy of the Bioassay Compliance Inspection form from the
inspection conducted on September 30, 2008. The facility was found to be in Compliance
with permit N00020664.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist,
Enclosure
cc: ORC
Central Files
Asheville Files
o e
NhCarolina
Vaturally
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone": [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
Form Approved.
��Washington, D.C. 20460
OMB No. 2040-0057
LZ
Water Compliance Inspection fie ®rt
Approval expires 8-31 98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 L gI 31 N00020664 Ill 121 08/09/30 117 18I BI 19I SI 20) I
1—
Remarks
211111111IJill Jill Jill Jill IIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA ------------------------- --Reserved----------------------
67I 169 7013 711 DI 721 NJ 73I I 174 75I I I I I I I 180
—�
Section B: Facility Data
Name and location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 08/09/30
05/04/01
Spindale.WWTP
Exit Time/Date
Permit Expiration Date
Ecology St
Spindale NC 28160
11:00 AM 08/09/30
08/07/31
Name(s) of Onsite Representative (s)fTitles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible OfficialfTitle/Phone and Fax Number
Contacted
Bill Hodge,PO Box 186 Spindale NC 28160//828-286-3407/8282863352 No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Other
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
'(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel<74,11 ARO WQ//828-296-4500/ / //,o �//o -3,
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards 14V- ARO WQ//828-296-4500/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (cont. j'
3I NC0020664 I11 12I 08/09/30 J17 181
13
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
On October 1, 2008, Division Aquatic Toxicilogy personnel initiated a 3-Brood Ceriodaphnia dubia pass/fail
toxicity test on the effluent from the subject facility. The samples were collected by Asheville Regional staff
on September 29-30, and October 2-3, 2008.
The result of the test indicated that the subject discharge met criteria set forth in established standards.
Test Type 3-Brood Ceriodaphnia dubia pass/fail
Test Concentrations 19% sample
Test Result PASS
Control Survival 92%
Control Mean Reproduction 23.3 neonates
Test Treatment Survival 100%
Treatment Mean Reproduction 20.7 neonates
First Sample pH 7.59 SU
First Sample Conductivity 1897 micromhos/cm
First Sample Total Residual Chlorine <0.0052 mg/L
Second Sample pH 7.58 SU
Second Sample Conductivity 2020 micromhos/cm
Second Sample Total Residual Chlorine <0.0052 mg/L
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on receiving water.
Page # 2

Permit: NC0020664 Owner - Facility: Spindale WWTP
section ®ate: 09/30/2008 Inspection Type: Bioassay Compliance
Yes No NA NE
Other
Comment: Test results for the samples taken indicate that the effluent would not be
predicted to have water quality impacts on receiving water.
Page # 3

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
� Coleen H. Sullins, Director
Division of Water Quality
Idgio -i
Asheville Regional Office
SURFACE WATER PROTECTION
November 4, 2008
Carl Horvat
Unimin Corporation
PO Box 588
Spruce Pine NC 28777
SUBJECT: Compliance Evaluation Inspection
Quartz Operation
Permit No: NC0000175
Mitchell County
Dear Mr. Horvat:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection, which I conducted at the facility on October 21, 2008. The facility was
found to be in Compliance with permit NC0000175.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by Steve Wilson and Jeff Ferguson during the
inspection was greatly appreciated. If you or your staff have any questions, please do
not hesitate to contact me at 828-296-4500.
Sinc I
Keith Hayn
Environmental Senior Specialist
Enclosure
cc: Stephen Andrew Wilson, ORC
Central Files
f Asheville Files
v G:\WPDATA\DEMWQ\Mitchell\Unimin Quartz 00175\10-21-08CEI.doc
NorthCarolina
,Vatumlly
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency Form Approved.
CPA Washington, D.C. 20460 OMB No. 2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NC0000175 111 121 08/10/21 117 18I cI 191 sI 20� II
Remarks ,
21111_Jill
ltl�������
I�
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---------------------------Reserved-------------------
671 169 70 U 71 IJ 721 N I 73 W 74 75I I I I I I I 180
Section B: Facility Data —
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 08/03/01
lo:oo AM 08/10/21
Quartz Operation
Exit Time/Date Permit Expiration Date
NC Hwy 226 N
Spruce Pine NC 28777 11:30 AM 08/10/21 11/02/28
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Stephen Andrew Wilson//828-688-4266 /
Stephen Andrew Wilson/ORC/828-765-4283/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Carl Horvat,PO Box 588 Spruce Pine NC 28777//704-765-4283/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement ® Operations & Maintenance ® Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s)
Keith Haynes
0—
Signature of Management Q A Reviewer
Roger C Edwards ,
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Agency/Office/Phone and Fax Numbers Date
ARO WQ//828-296-4500/ 1\-1-0
Agency/Office/Phone and Fax Numbers /Date e
ARO WQ//828-296-4500/[� {J
Page # 1

NPDES yr/mo/day Inspection Type
3I NC0000175 I11 12I 08/10/21 I17 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The facility appeared to be properly operated and adequately maintained. It is suggested that the tubing on
the effluent composite sampler be changed. It is also important that ice be kept in the effluent sampler to
assure that the sample temperature is maintained at six degrees C or less.
It was noted that some fine particulate matter had collected in the river at the discharge point. This appears
to be due to low stream flow and the collection of some materials from the KT waste pile, which apparently
entered the river, via Little Bear Creek, during the area's last tropical storm. This had diverted the river flow
away from the Unimin outfall and had caused a quiescent area in the river at the outfall. This issue will
need to be addressed next spring after the trout spawning season.

Permit: NC0000175 Owner - Facility: Quartz Operation
,action Date: 10/21/2008 Inspection Type: Compliance Evaluation
Operations & Maintenance
Yes No
NA
NE
Is the plant generally clean with acceptable housekeeping?
1)
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge D
D
®fl
Judge, and other that are applicable?
Comment:
Permit
Yes No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
®
n
n
Cl
Is the facility as described in the permit?
®n
n
n
Are there any special conditions for the permit?
❑
Is access to the plant site restricted to the general public?
n
n
n
Is the inspector granted access to all areas for inspection?
®❑
n
n
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
Q
n
®
Q
Is the site free of excessive buildup of solids in center well of circular clarifier?
®
n
❑
n
■
❑
n
n
Are weirs level?
Is the site free of weir blockage?
®❑
Is the site free of evidence of short-circuiting?
®❑
n
Q
■
❑
n
❑
Is scum removal adequate?
Is the site free of excessive floating sludge?
■
n
n
n
Is the drive unit operational?
®
n
D
Cl
Is the return rate acceptable (low turbulence)?
❑
❑
®
n
Is the overflow clear of excessive solids/pin floc?
®❑
n
Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth)
■
n
n
n
Comment:
Effluent Pipe
Yes
No
'NA NE
Is right of way to the outfall properly maintained?
®
n
❑
n
Are the receiving water free of foam other than trace amounts and other debris?
®
Q
n
13
If effluent (diffuser pipes are required) are they operating properly?
n
110
Comment:
Flow Measurement - Effluent
Yes
No
NA NE
Page # 3

Permit: NC0000175
Inspection Date: 10/21/2008
Flow Measurement - Effluent
Owner - Facility: Quartz Operation
Inspection Type: Compliance Evaluation
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Comment:
Yes
No
NA
NE
■onn
■❑nn
■[Inn
❑ ❑ ❑ ■
Page # 4
U

Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
fr North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 4, 2008
DWQ Project # 08-1501
Jackson County
Walter Kreiseder
2209 Casey Key Rd
Nokomos, FL 34275
Subject Property: Kreiseder Property
Thorpe Lake (Lake Glenville)
Approval of 401 Water Quality Certification
Dear Mr. Kreiseder:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 685 square feet below normal pool lake level for the purpose of constructing a
rip rap bulkhead to stabilize 137 linear feet of shoreline at the subject property, as described within your
application dated September 27, 2008 and received by the N.C. Division of Water Quality (DWQ) on
September 30, 2008. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use
General Permit Number 30 when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and
Stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 685 (sq.ft.) 137 feet shoreline below
normal lake level
/ NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
IFAX [phone] 1-877-623-6748
Internet: www..newaterquality.org
G:\WPDATA\DEMWQ\Jackson\401 s\08-1501 KreisederAPPROVAL.doc
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

rq
November 4; .,,
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
4 s�
r� Coleen H. Sullins, Director
Enclosures: GC 3693
Certificate of Completion
cc: 401/Wetlands Unit
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
Jackson County Planning
Central Files
Duke Energy -Lisa Leatherman

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 4, 2008
Jackson County
DWQ Project 20081556
TIP No. B-4161
NCSR 1132 (Bridge No. 211)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina, 28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below, for the following impacts to the West Fork
Tuckasegee River for the purpose of constructing a new bridge (No. 211) on NCSR 1132 in Jackson County:
Site
Permanent
Temporary
Permanent
Temporary
Total
Stream
Fill in
Fill in
Fill in
Impacts in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream (linear
Stream
Stream
Stream
(linear ft)
Mitigation
ft)
(linear ft
linear ft
linear ft
linear ft
Site l
0
0
0
36
36
0
Total
1 0
1 0
1. 0
36
36
0
Temporary Impacts for Project: ib linear feet.
The project should be constructed in accordance with your application dated October 7, 2008 (received October 10,
2008), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3688, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 33. In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
Phone [phone]
FAX [phone]
N �rthCarolina
Yaiurally
Customer Service
1-877-623-6748

Mr. J. B. Setzer, P.E.
November 4, 2008
Page Three A
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U-.S., or
protected riparian buffers.
21. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State of Federal law is being violated,
or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
25. Upon completion of the project, the NCDOT Division. Engineer shall complete and return the enclosed "Certificate of:
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of
the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the
404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
-� Coleell H. Sullins, Director
Division of Water Quality
cc: David Baker, USAGE, Asheville Field Office
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
081556 (Setzer) TIP B-4161 NCSR 1132

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
{ Division of Water Quality
'C
Asheville Regional Office
PRUTEC-1T@TT-
November 5, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490.0004 0798 :....
Johnny Brown, Mayor
Town of Andrews
PO Box 1210
Andrews. NC 28901
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0767
Pretreatment Audit Inspection
Andrews WWTP
Permit No. NCO020800
Cherokee County
Dear Mayor Brown:
Enclosed please find a copy of the Pretreatment Audit Inspection Report from the inspection
conducted on September 25, 2008. The Pretreatment Audit Inspection was conducted Mr. Monti
Hassan of the PERCS Unit in Raleigh and Mr. Keith Haynes of the Asheville Regional Office. The
Town of Andrew's pretreatment program was found to be in violation of Permit NCO020800 Part IV
Special Conditions for Municipal Facilities and applicable pretreatment program regulations for
the following items:
Inspection Area
Compliance Issue
Pretreatment
Updated Head Works Analysis not submitted as required
Pretreatment
ERP needs to be updated to reflect $25,000/violation
Pretreatment
Failure to modify/renew IUP in a timely manner
Pretreatment
Failure to properly implement LTMP according to regulations
including recording effluent data on monthly DMRs
'Q Please refer to the enclosed Inspection Report for any additional observations and
{detailed comments regarding the above noted violations. Northcarolina
Aaiurally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Town of Andrews
November 5, 2008
Page Two
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within fifteen (15) working days of receipt of this letter. You should address the
causes of noncompliance and all actions taken to remedy the violations.
Please note that there are dates listed on the audit form for the submittal of the required
documents. In order to prevent this Office from recommending an enforcement action against the
Town of Andrews, all items should be addressed as required. If you should have any questions,
please do not hesitate to contact Mr. Keith Haynes at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: Michael J. Ladd, w/ attachment
PERCS, w/ attach.
Central Files w/ attachment
ARO
G:\WPDATA\DEMWQ\Cherokee\20800 Andrews WWTP\NOV-2008-PC-0767.doc

NORTH CAROLINA DIVISION OF WATER QUALITY
PRETREATMENT AUDIT REPORT
.i Information [Complete prior to audit; review Program Info Database Sheet(s)]
Control Authority (POTW) Name: Town of Andrews
2. Control Authority Representative(s): Mike Ladd
3. Title(s): Contracted Pretreatment Coordinator
4. Address of POTW:
Mailing PO Box 1210
City Andrews Zip Code 28901
Phone Number 828-649-9250 Fax Number E-Mail
5. Audit Date 09/25/08
6. Last Inspection Date: 09/10/08 Inspection Type: N PCI ❑ Audit
7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s) ? ❑ Yes N No
If No, Explain. HWA is past due.
8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ❑ Yes N No
If Yes, Explain.
9. Is POTW under an Order That Includes Pretreatment Conditions? ❑ Yes N No
Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No N NA
Parameters Covered Under Order
PCS (WENDB)Codins
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type
Inspector
Fac. Type
LNJ I N I C 1 0 10 12 10 [8 10 10 109 125 108 1 L-G]
I
LLJ
(DTIA) (TYPI)
(INSP)
(FACC)
10:...Current Number I.of.Significant Industrial Users(SIUS)?....................................................:.......................................:...............................
1
SIUS..........
1.1..:...Current Numberof Categorical Industrial Users(CIUS)?................................_..............................................:......................:..................
I.................................
CIUS
12. Number of SIUs Not Inspected by POTW in Last Calendar Year? ...............................................................
0
............................
1.3:...Number.of.SlUs Not Sampled by in Last Calendar Year?...............:...........................................................:.....................
....
0
14. Enter Higher Number of 12 or 13
...............................................................................................................................................................I.............................
0
......NOIN.........
15. Number of SIUs with No IUP, or with an Expired IUP
.........................I...............
0
NOCM
..........................
16. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of Last 2
0
PSNC
Semi -Annual Periods (Total Number of SIUs in SNC)
.....................................................................................................................................................................................................................................................................
17. Number of SIUs in SNC for Reporting During Either of Last 2 Semi -Annual Periods
.........................................................................................................................
0
MSNC
................................
18. Number, of SIUs in SNC for Limits Violations During Either of Last 2 Semi -Annual Periods
0
SNPS
19. Number of SIUs in SNC for Both Reporting and Limits Violations During Either of Last 2
0
Semi -Annual Periods
.................................................................................
2,0. Number of SIUs in SNC for Self -Monitoring Requirements that were Not Inspected or Sampled
0
SNIN
NC DWO Pretreatment Audit Form Revised: Julv 25, 2007 Page 1

21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW has 'a
Element in their File. comnlete with all sunnorting documents and PRRC .0 Annrnval I .attar and rlatee rnneietant wit:.
Program Element
Last Submittal
Date In rile?
Last Approval
Date In file
Dati,
If Ap ,,
Headworks Analysis (HWA)
07/22/03
® Yes ❑ No
10/03/05
® Yes ❑ No
07/01%i,
Industrial Waste Survey (IWS)
05/04/06
® Yes ❑ No
07/ 88/06
❑ Yes ❑ No
06/01/11
Sewer Use Ordinance (SUO)
07/31/07
® Yes ❑ No
08/03/07
® Yes ❑ No
Enforcement Response Plan (ERP)
06/18/03
® Yes ❑ No
07/29/03
❑ Yes ❑ No
10/31/08
Long Term Monitoring Plan (LTMP)
02/01/93
❑ Yes ® No
02/19/93
❑ Yes ® No
10/31/08*
Legal Authority (Sewer Use Ordinance-SUO)
22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction?
❑ Yes N No If yes, Please list these towns and/or areas.
23. If yes to #22, Do you have current Interjurisdictional Agreements (IJAs) or other Contracts? ❑ Yes ❑ No ® NA
A copy, if not already submitted, should be sent to Division. .
24. If yes to #22, Have you had any trouble working with these towns or districts? ❑ Yes ❑ No ® NA
If yes, Explain.
25. Date of Last SUO Adoption by Local Council Not Yet adopted
26. Have you had any problems interpreting or enforcing any part of the SUO? ❑ Yes ❑ No
If yes, Explain. Not actually used by contractor, would be done from the Mayor's Office.
Enforcement (Enforcement Response Plan-ERP)
27. Did you send a copy of the ERP to your industries? ❑ Yes ® No
If no, POTW must send copy within 30 days. Will send new one to TEAM.
28. Have you had any problems interpreting or enforcing any part of the ERP (i.e. any adjudication, improper enforcement, etc?
❑ Yes ❑ No If yes, Explain. Not applicable
29. List Industries under a Schedule or Order and Type of Schedule or Order
None
Resources
30. Please Rate the Followina: S=Satisfactory M=Marginal iJ=Unsatisfactory
Rating
Explanation, if Unsatisfactory
Personnel Available for Maintaining
POTW's Pretreatment Program
®S ❑M ❑U
Access to POTW Vehicles for
Sampling, Inspections, and
®S ❑M ❑U
Emergencies
Access to Operable Sampling
Town should purchase portable sampler for use at least at
Equipment
❑S ❑M ®U
WWTP for influent.
Availability of Funds if Needed for
Additional Sampling and/or Analysis
®S ❑M ❑U
Reference Materials
Uses PERCS website
®s ❑M ❑U
Staff Training (i.e. Annual and
Should try to attend any "local" training. Pretreatment
Regional Workshops, Etc.)
❑S ®M ❑U
conference when held in Asheville
Computer Equipment (Hardware and
Contractor's equipment
Software)
®S ❑M ❑U
NC DWQ Pretreatment Audit Form Revised: Julv 25. 2007 Page 2

an adequate data management system to run the pretreatment program? ® Yes ❑ No
Some data is hand written not kept on computer.
.c POTW recover the cost of the Pretreatment Program from their industries? Explain.
for Town's SIU sampling
jeerception/ Participation
,3. Are there any local issues affecting the pretreatment program (e.g.. odor, plant closing, new or proposed plants)?
❑ Yes ® No If yes, Explain.
34, Has any one from the public ever requested to review pretreatment program files? ❑ Yes ® No
If yes, Explain procedure. If no, How would the request be addressed? Let them contact Town Hall.
35. Has any industry ever requested that certain information remain confidential from the public? ❑ Yes ® No If yes, Explain
procedure for determining whether information qualified for confidential status, as well as procedure for keeping files confidential
from public. If no. how would the request be addressed?. Keep it confidential in Town Hall files.
36. In addition to annual inspection, does the POTW periodically meet with industries to discuss pretreatment? ® Yes ❑ No
37. Is the public notified about changes in the SUO or Local Limits? ® Yes ❑ No
38. Were all industries in SNC published in the last notice? ❑ Yes ❑ No Not applicable
Permitting (Industrial Waste Survey-IWS)
39a... How does the POTW become aware of new or changed Users? Service applications
39b. Once the POTW becomes aware of new or changed Users, how does the POTW determine which industries have the
reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an
SIU?) Guidance documents
40. Does the POTW receive waste from any groundwater. remediation projects (petroleum, CERCLA) or landfill leachate?
❑Yes ❑No If Yes, How many are there?
Please list each site and how it is permitted, if applicable.
41. Does the POTW accept waste by (mark if applicable) ❑ Truck ❑Dedicated Pipe ® NA
42. If the POTW accepts trucked waste, what controls are placed on this waste? (example, designated point, samples drawn,
manifests required)
43. How does the POTW allocate its loading to industries? Mark all that apply
❑ Uniform Limits ® Historical Industry Need ❑ By Surcharge ❑ Categorical Limits ❑ Other
Explain Other:
44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑ Yes ❑ No
If yes, What parameters are over allocated? Table needs to be updated
45. If yes to #43, What is being done to address the over allocations? (short-term IUPs, HWA to be revised, pollutant study, etc.)
Not applicable
46. Does the POTW keep pollutant loading in reserve for future growth / safety? ® Yes ❑ No
If yes, what percentage of each parameter unknown%
47. Has the POTW experienced any difficulty in allocation? (for example: adjudication by an industry) ❑ Yes ® No
If yes, Explain.
48, How does the POTW decide on which pollutants to limit in the permits? Monitor for? (for example: were only those pollutants
listed on the application limited; categorical parameters; NPDES Pollutants of Concern)
Categorical parameters and Pollutants of concern.
49. How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits ? Explain.
Pretreatment Guidance
NC DWQ Pretreatment Audit Form Revised: July 25, 2007 Page 3

Permit Com
50. Does the POTW currently have or during the past year had any permits under adjudication? ❑ Yes ® No
If yes, which industries? What was (will be) the outcome of the adjudication?
51. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits, reportk:
requirements, and permit conditions, as well as for SNC. Table with limits and monitoring results comparison
52. Does the POTW use the Division's model inspection form or equivalent? ® Yes ❑ No
If no, does the POTW form include all DWQ data?. ❑ Yes ❑ No
53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ® Yes ❑ No
If no, Explain. IU plan needs to updated to reflect change in ownership
54. What criteria are used to determine if a slug/spill control plan is needed?
Chemicals on sire
55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate?
Pretreatment Regs and review by PERCS Unit
56. How does the POTW decide where the sample point for an SIU should be located?
Site specific not applicable.
57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time?
(example: correct location; proper programming of sampler; clean equipment; swirling the sample bucket uniformly)
POTW: ® Yes ❑ No SIU: ® Yes ❑ No If yes, Explain. Watch and explain methods
58. Who performs sample analysis for the POTW for Metals ETS
Conventional Parameters Earth Env
Organics ETS
59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples.
Approved by Lab Certification Unit
Long/Short Term Monitoring Plan (L/STMP) and Headworks Analysis (HWA)
60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES ❑ NO
60b. Are Correct Detection. Levels being used for all LTMP/STMP Monitoring? ® YES ❑ NO
60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ® YES ❑ NO Is Table Adequate? ® YES ❑ NO
60d. All LTMP/STMP effluent data on Discharge Monitoring Report (DMR)? ❑ YES ® NO
60e. If NO to any above, list violations Effluent data not on DMRs
60i Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ® YES ❑ NO
If yes, which ones? Eliminated: Added: Chromium
61. Do you complete your own headwork analysis (HWA) ? ® Yes ❑ No
If no, Who completes your HWA? Would like assistance Phone ( )- -
62. Do you have plans to revise your HWA in the near future? ® Yes ❑ No
If yes, What is the reason for the revision? (mark all that apply) ❑Increased average flow ❑NPDES limits change
❑More LTMP data available ❑Resolve over allocation ®5 year expiration ❑Other
Explain.
63. In general, what is the most limiting criteria of your HWA? ❑Inhibition ❑ Pass Through ❑Sludge Quality UNKNOWN
64. Do you see any way to increase your loading in the future (Example: obtaining more land for sludge disposal)? ❑ Yes ❑ No
Explain. UNKNOWN
Summary
65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment?
Updated HWA and STMP may cause changes.
NC DWQ Pretreatment Audit Form Revised: Rik, 25, 2007 Page 4

,AMIT (IIIP) FITY REVIEW (1 111P FILF, REVIEWS AND I IU INSPECTION)
1. TEAM 2.
3.
0004
—�
❑Yes
❑ No
❑ Yes No—t
contain Current Permit? ®Yes ❑ No
Expiration Date
09/02/13�
—❑
I
433
.egorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A
Does File Contain Permit Application Completed Within One Year Prior
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
to Permit Issue Date?
72. Does File Contain Inspection Completed Within Last Calendar Year?
Yes ❑ N�_J
❑ Yes ❑ No
❑
Yes ❑ No
73. a. Does File Contain Slug/Spill Control Plan?
a. ❑Yes ®No
a. ❑Yes ❑No
a. ❑Yes ❑No
b. If No, is One Needed? (See Inspection Form from POTW)
b. ®Yes []No
b. ❑Yes ❑No
b. ❑Yes ❑No
74. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic
❑Yes®No❑N/A
0yesONOOKI
❑Yes❑No❑N/A
Organic Management Plan (TOMP)?
sample 4/6 month
75. a. Does File Contain Original Permit Review Letter from Division?
a. ®Yes ❑No
a. ❑Yes ❑No
a. ❑Yes ❑No
b. All Issues Resolved?
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
76. During Most Recent Semi -Annual Period, Did POTW Complete its
® Yes ❑ No
❑ Yes ❑ No
[:]Yes ❑ No
Sampling as Required by IUP, including Flow?
77. Does File Contain POTW Sampling Chain -Of -Custody Forms?
®
Yes ❑
No
❑ Yes ❑ No
❑ Yes ❑ No
78. During Most Recent Semi -Annual Period, Did SIU Complete its
®Yes❑No❑N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
Sampling as Required by IUP, including Flow?
79. During Most Recent Semi -Annual Period, Did SIU submit all reports on
®Yes❑No❑N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
11
time?
80a. For categorical IUs with Combined Wastestream Formula (CWF), does
❑Yes❑N
es❑No❑N/A
❑Yes❑No❑N/A
file include process/dilution flows as Required by IUP?
I
80b. For categorical IUs with Production based limits, does file include
❑Yes❑No[D
❑Yes❑No❑N/A
❑Yes❑NopN/A
production rates and/or flows as Required by IUP?
81. During Most Recent Semi -Annual Period, Did POTW Identify All
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Limits Non -Compliance from Both POTW and SIU Sampling?
_
€' 'During Most Recent Semi -Annual Period, Did POTW Identify All
❑Yes❑No®N/A
❑Yes❑No❑N/A
❑Yes❑NopN/A
Reporting Non -Compliance from SIU Sampling?
None
83. a. Was POTW Notified by SIU (Within 24 Hours) of All Self-
a.❑Yes❑No®N/A
a.❑Yes❑NopN/A
a.❑Yes❑No❑N/A
Monitoring Violations?
b. Did Industry Resample and submit results to POTW within 30 Days?
b.❑Yes❑No®N/A
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
c. If applicable, did POTW resample and obtain results within 30 days of
e ❑Yes❑No®N/A
c.❑Yes❑No❑N/A
c.❑YesgNo❑N/A
becoming aware of SIU limit violations in the POTW's sampling of SIU?
84. During Most Recent Semi -Annual Period, Was SIU in SNC?
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
85. During Most Recent Semi -Annual Period, Was Enforcement Taken as
❑Yes❑No®N/A
❑Yes❑No❑N/A
❑Yes❑No❑N/A
I i
Specified in POTW's ERP (NOVs, Penalties, timing, etc.)?
86. Does File Contain Penalty Assessment Notices?
❑Yes❑No®N/A
_
❑Yes❑No❑N/A
❑Yes❑No❑N/A
87. Does File Contain Proof Of Penalty Collection?
❑Yes❑NoON/A
11 ❑Yes❑NopN/A
❑Yes❑No❑N/A
88. a. Does File Contain Any Current Enforcement Orders?
a.❑YesoNo®N/A
a.❑Yes❑No❑N/A
a.❑Yes❑NopN/A
b. Is SIU in Compliance with Order?
KoYes❑NomN/A
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
89. Did POTW Representative Have Difficulty in Obtaining Any Requested
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
Information For You?
FILE REVIEW COMMENTS:
Files were generally in good order.
NC DWQ Pretreatment Audit Form Revised: July 25. 2007 Page 5

INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type
II INIC101012101810101 1091251osi ItJ
(DTIA) (TYPI)
1. Industry Inspected: TEAM Ind
2. Industry Address:
3. Type of Industry/Product:
4. Industry Contact: Terry Younce Title:
Phone: Fax:
5. Does the POTW Use the Division Model Inspection Form or Equivalent? ® Yes ❑ No
6. Did the POTW Contact Conduct the Following
Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ® Yes
❑ No
B. Plant Tour ® Yes
❑ No
C. Pretreatment Tour ® Yes
❑ No
D. Sampling Review ® Yes
❑ No
E. Exit Interview ® Yes
❑ No
Industrial Inspection Comments:
Brief inspection as routine inspection had been conducted less than a month previously.
Audit SUMMARY AND COMMENTS:
Audit Comments: The program is missing various program elements that need to be updated as follows:
Inspector
(INSP) (FA,,
Requirements:
1) Updated Headworks Analvsis (HWA) is required to be completed and submitted to PERCS by 12/01/2008. The uadate
should also include/be based on the recent WWTP improvements.
2) The Enforcement Response Plan is required to be updated to include $25,000 maximum penalty.
3) The Long Term Monitoring Plan is required to be completed as soon as possible, but no later than December 1, 2008. All
samples should be composite. Additionally all past DMRs should be amended to reflect Dast LTMP effluent data and submitted
by January 1, 2009.
4) The renewed IUP for TEAM Ind should be submitted to the PERCS Unit for review.
Recommendations: The Sewer Use Ordinance (SUO) should have been adopted by the town council. This date should be
checked to assure that the SUO is current. It is also suggest that the Town purchase a portable composite sampler for use in
LTMP monitoring and also influent sampling.
NOD: ❑ Yes
NOV: ® Yes
QNCR: ® Yes
POTW Rating:
❑ No
❑ No
❑ No
Satisfactory ❑
Audit COMPLETED BY:
Marginal ❑ Unsatisfactory
TE: September 25, 2008
NC DWQ Pretreatment Audit Form Revised: July 25, 2007 Page 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 5, 2008
CERTIFIED MAIL
Mr. John Carr Francis
201 Freeman Road
Waynesville, North Carolina 28786
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO030422
John C. Francis
Green Valley Mobile Home Park WWTP
Case No. LV-2008-0404
Haywood County
Dear Mr. Francis:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $965.00
($900.00 civil penalty + $65.00 enforcement costs) against John C. Francis.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by John C. Francis for the month of August 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0030422. The violations which occurred in
August 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that John C. Francis violated the terms,
conditions or requirements of NPDES Permit NCO030422 and G.S. 143-215. 1 (a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.l(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against John C. Francis:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 ho e(88288) 296_4500 Cussto er Ser is
Internet: www ncwaterouality.ord

9 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit No
$900.00 NC0030422, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for CHLORINE.
$900.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$965.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

a:
whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina .27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: (919) 7313478
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
RogerVC. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Environmental Inc./ ORC w/ attachments
GAWPDATA\DEMWQ\Haywood\30422 Green Valley MWTV-2008-0404.30422.doc

JUSTIFICATION FOR REMISSION REQUEST
✓VQ Case Number: LV-2008-0404 County: Haywood
Assessed Party: Green Valley MHP WWTP/ John C. Francis
Permit No.: NC0030422 Amount Assessed: $965.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. I (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
DEPARTMENT OF ENVIRONNi.
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JOHN C. FRANCIS/ GREEN VALLEY MHP
WWTP )
PERMIT NO. NCO030422 ) FILE NO. LV-2008-0404
Having been assessed civil penalties totaling $965.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 5, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
John C Francis
CASE NUMBER: LV-2008-0404
PERMIT: NCO030422
FACILITY: Green Valley Mobile Home Park
COUNTY: Haywood
REGION: Asheville
Limit Violations
PENALTY
MONITORING
REPORT
OUTFALLf
PPI
LOCATION
VIOLATION
PARAMETER
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$100.00
8-2008
001
Effluent
CHLORINE
08/01/08
2 X week
ugA
28
860
2,971.43
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/07/08
2 X week
ugA
28 _
930
3,221.43
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/08/08
2 X week
ugA
28
810
2,792.86
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/14/08
2 X week
ugA
28
690
2,364.29
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/15/08
2 X week
ugA
28
710
2,435.71
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/21/08
2 X week
ugA
28
910
3,150.00
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/22/08
2 X week
ugA
28
980
3,400.00
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/28/08
2 X week
ugA
28
1,100
3,828.57
Daily Maximum Exceeded
$100.00
8-2008
001
Effluent
CHLORINE
08/29/08
2 X week
ugA
28
1,110
3,864.29
Daily Maximum Exceeded

Michael F. Easley, Governor
William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 5, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED7007 1490 0004 0798 8657
Mr. Robert Cagle, Jr.
Town of Robbinsville
P.O. Box 129
Robbinsville, North Carolina 28771
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0512
Permit No. NCO083071
Robbinsville Water Treatment Plant
Graham County
Dear Mr. Cagle:
A review of Robbinsville WTP's monitoring report for June 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Chlorine, Total Residual
06/02/08
17 ug/I
55 ug/I
Daily Maximum
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ Enforcement Files
Earth Environmental/ ORC
""G:\WPDATA\DEMWQ\Graham\Robbinsville, Town of\WTP 83071\NOV-2008-LV-0512.83071.doc
Nne
orthCarolma
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]
Customer Service
1-877-623-6748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
QG
North Carolina Department of Environment and Natural Resources
r
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James J. Schenker
TA Operating Corporation
24601 Center Ridge Road
Westlake, Ohio 44145-5334
Dear Mr. Schenker:
November 5, 2008
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0509
Permit No. NCO085952
Candler Travel Center
Buncombe County
A review of Candler Travel Center's monitoring report for July 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C)
07/31/08
7.5 mg/I
8.4 mg/I
Daily Maximum
Exceeded
It was also noted that the. Compliance.box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
James & James Environmental/ ORC
dG WPDATA\DEMWQ\Buncombe\85952 Candler Travel Center\NOV-2008-LV-0509.85952.doc
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
} Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 5, 2008
CERTIFIED MAIL
TURN RECEIPT REQUESTED 7007 1490 0004 0796 8626
Mr. John Carr Francis
201 Freeman Road -
Waynesville, North Carolina 28786
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO030422
John Carr Francis
Green Valley Mobile Home Park WWTP
Case No. LV-2008-0402
Haywood County
Dear Mr. Francis:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $865.00
($800.00 civil penalty + $65.00 enforcement costs) against John C. Francis.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by John C. Francis for the month of June 2008. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0030422. The violations which occurred in June 2008
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that John C. Francis violated the terms,
conditions or requirements of NPDES Permit NCO030422 and G.S. 143-215. 1 (a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S: 143-215,1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against John C. Francis:
North Carolina
NRtut,ally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 ho e(8 8 299-7043 1 6-4500 Customer
Service
Internet: www.ncwaterguality.orq FAX

8 of the 8 violations of G.S. 143-215.1(a)(6) and NPDES Permit No
$800.00 NC0030422, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for CHLORINE.
$800.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$865.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any,continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right town Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the, enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Bearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733=2698 Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
�' n N-�'_._A_-.-- 0
�� Cates
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Environmental Inc./ ORC w/ attachments
GAWPDATA\DEMWQ\Haywood\30422 Green Valley MHP\LV-2008-0402.30422.doc

JUSTIFICATION FOR REMISSION REQUEST
✓Q Case Number: LV-2008-0402 County: Haywood
Assessed Party: John C. Francis/ Green Valley MHP WWTP
Permit No.: NCO030422 Amount Assessed: $865.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRON&_
AND NATURAL RESOURCES,.
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT )
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST )
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JOHN C. FRANCIS/ GREEN VALLEY MHP
WWTP 1
PERMIT NO. NC0030422 ) FILE NO. LV-2008-0402
Having been assessed civil penalties totaling $865.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 5, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20_
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
John C Francis
CASE NUMBER: LV-2008-0402
PERMIT: NCO030422
FACILITY: Green Valley Mobile
Home Park
COUNTY: Haywood
REGION: Asheville
Limit Violations
PENALTY
MONITORING
REPORT
OUTFALLI
PPI
LOCATION
PARAMETER
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$100.00
6-2008
001
Effluent
CHLORINE
06/05/08 2 X week
ugA
28
880
3,042.86
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
CHLORINE
06/06/08 2 X week
ugA
28
890
3,078.57
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
CHLORINE
06/12/08 2 X week
ug/I
28
890
3,078.57
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
CHLORINE
06/13/08 2 X week
ugA
28
910
3,150.00
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
CHLORINE
06/19/08 2 X week
ugA
28
930
3,221.43
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
CHLORINE
06/20/08 2 X week
ugA
28
930
3,221.43
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
CHLORINE
06/26/08 2 X week
ugA
28
910
3,150.00
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
CHLORINE
06/27/08 2 X week
ugA
28
910
3,150.00
Daily Maximum Exceeded

Permit Enforcement History by Owner
Owner: John C Francis
Facility: Green Valley Mobile Home Park
Permit: NCO030422
11/04/08
1
Region: Asheville
County: Haywood
Penalty
Remission Enf EMC
EMC OAH Collection Has
Assessment Penalty
Enforcemen
Request Enf Conf Remission Hearing
Remission Remission Memo Sent Pmt
Case
Case Number MR
Approved Amount
t Costs Damages
Received Held Amount Held
Amount Amount to AGO Total Paid Balance Due Plan
Closed
LV-1997-0069
04/23/98 $14,000.00
$433.30
05/12/98 08/05/98 $9,000.00
$.00 $5,433.30 $.00 No
10/14/99
LV-2002-0264
07/15/02 $250.00
$49.28
$299.28 $.00 No
09/03/02
LV-2002-0304
3-2002
08/13/02
$250.00 $49.28
$299.28
$.00
No
07/19/05
LV-2003-0373
2-2003
05/23/03
$450.00 $100.00
$550.00
$.00
No
06/13/03
LV-2003-0396
1-2003
05/23/03
$350.00 $100.00
$450.00
$.00
No
06/13/03
RV-2006-0001
4-2006
08/08/06
$500.00
$500.00
$.00
No
09/08/06
Total Cases: 6
$15,800.00 $731.86
$7,531.86
$.00
Total Penalties:
$16,531.86
Total Penalties after remission(s):
$7,531.86

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
F Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 5, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8619
Mr. John Carr Francis
201 Freeman Road
Waynesville, North Carolina 28786
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G,S.) 143-215,1(a)(6)
and NPDES Permit NCO030422
John C. Francis
Green Valley Mobile Home Park WWTP
Case No. LV-2008-0403
Haywood County
Dear Mr. Francis:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $965.00
($900.00 civil penalty + $65.00 enforcement costs) against John C. Francis.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by John C. Francis for the month of July 2008. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0030422. The violations which occurred in July 2008
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that John C. Francis violated the terms,
conditions or requirements of NPDES Permit NCO030422 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against John C. Francis:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

9 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit Na"'
$900.00 NC0030422, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for CHLORINE.
$900.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$965.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

whether one or more of the civil.penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
_ Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Environmental Inc. / ORC w/ attachments
GAWPDATA\DEMWQ\Haywood\30422 Green Valley M11P\LV-2008-040330422.doc

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2008-0403 County: Haywood
Assessed Party: Green Valley MHP WWTP/ John C. Francis
Permit No.: NC0030422 Amount Assessed: $965.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONh..
AND NATURAL RESOURCES
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JOHN C. FRANCIS/ GREEN VALLEY MHP
WWTP
PERMIT NO. NCO030422 ) FILE NO. LV-2008-0403
Having been assessed civil penalties totaling $965.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 5, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
PA

ATTACHMENT A
John C Francis
CASE NUMBER: LV-2008-0403
PERMIT: NCO030422 FACILITY: Green Valley Mobile Home Park COUNTY: Haywood REGION: Asheville
Limit Violations
MONITORING
OUTFALLI
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$100.00
7-2008
001
Effluent
CHLORINE
07102/08
2 X week
ugA
28
890
3,078.57
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/03/08
2 X week
ugA
28
860
2,971.43
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/10/08
2 X week
ugA
28
930
3,221.43
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/11/08
2 X week
ugA
28
960
3,328.57
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/17/08
2 X week
ugA
28
910
3,150.00
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/18/08
2 X week
ugA
28
890
3,078.57
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/24/08
2 X week
ug/l
28
760
2,614.29
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/25/08
2 X week
ugA
28
770
2,650.00
Daily Maximum Exceeded
$100.00
7-2008
001
Effluent
CHLORINE
07/31/08
2 X week
ugA
28
810
2,792.86
Daily Maximum Exceeded

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
3' Coleen H. Sullins, Director
Division of Water Quality
AA`C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 5, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 6602
Mr. R. Belvin Hall
Buncombe County Board of Education
1.67 Craven Street
Asheville, North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086436
Buncombe County Board of Education
Cane Creek Elementary School WWTP
Case No. LV-2008-0405
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $615.00
($550.00 civil penalty + $65.00 enforcement costs) against Buncombe County Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of
June 2008. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0086436. The violations
which occurred in June 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO086436 and G.S.
143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the
maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-
215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Buncombe County Board of Education:
NorthC,,Iina
,Natur,711y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org FAX [phone] 623-7748

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No:",
$100.00 NC0086436, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0086436, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
1 of the 1 violations of G.S. 143-215,1(a)(6) and NPDES Permit No.
$250.00 NC0086436, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
$550.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$615.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in.determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)

,r the accuracy of any of the factual statements contained in the civil penalty
.dent document. Because a remission request forecloses the option of an administrative
.,cing, such a request must be accompanied by a waiver of your right to an administrative
nearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
RPB Systems/ ORC w/ attachments
GAWPDATA\DEMWQ\13uncombe\86436 Cane Creek\LV-2008-0405.86436.doc

JUSTIFICATION FOR REMISSION REQUEST
✓Q Case Number: LV-2008-0405 County: Buncombe
Assessed Party: Buncombe County BOE/ Cane Creek Elementary WWTP
Permit No.: NC0086436 Amount Assessed: $615.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
BUNCOMBE COUNTY BOARD OF EDUCATION/)
CANE CREEK ELEMENTARY WWTP 1
PERMIT NO. N00086436 )
DEPARTMENT OF ENVIRONN-L_
AND NATURAL RESOURCES'
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0405
Having been assessed civil penalties totaling $615.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 5, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Buncombe County Board of Education
CASE NUMBER: LV-2008-0405
PERMIT: NCO086436
FACILITY: Cane Creek Elementary School
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$100.00
6-2008
001
Effluent
BOD
06/20/08 Weekly
mg/I
45
70.3
56.22
Daily Maximum Exceeded
$100.00
6-2008
001
Effluent
BOD
06/26/08 Weekly
mg/1
45
55.5
23.33
Daily Maximum Exceeded
$250.00
6-2008
001
Effluent
BOD
06/30/08 Weekly
mg/I
30
39.3
31.00
Monthly Average Exceeded
$100.00
6-2008
001
Effluent
RES/TSS
06/20/08 Weekly
mg/l
45
59
31.11
Daily Maximum Exceeded

Permit Enforcement History by Owner
Owner: Buncombe County Board of Education
Facility: Cane Creek Elementary School
Permit: NCO086436
11 /04/08
1
Region: Asheville
County: Buncombe
Penalty
Remission
Enf EMC
EMC OAH Collection
Has
Assessment Penalty
Enforcemen
Request
Enf Conf Remission Hearing
Remission Remission Memo Sent
Pmt
Case
Case Number
MR
Approved
Amount
t Costs Damages
Received
Held Amount Held
Amount Amount to AGO Total Paid
Balance Due
Plan
Closed
LV-2000-0417
10/19/00
$500.00
$73.11
10/20/00
01/23/01 $.00
$573.11
$.00
No
02/22/01
LV-2000-0445
10/19/00
$500.00
$73.11
11/27/00
01/23/01 $.00
$573A 1
$.00
No
02/22/01
LV-2004-0545
8-2004
10/28/04
$350.00
$100.00
$450.00
$.00
No
11/23/04
LV-2007-0072
9-2006
02/13/07
$100.00
$126.82
$226.82
$.00
No
03/07/07
LV-2007-0459
6-2007
12/06/07
$100.00
$65.07
$165.07
$.00
No
01/09/08
LV-2008-0405
6-2008
11104/08
$550.00
$65.00
$615.00
No
Total Cases: 6
Total Penalties:
$2,100.00 $503.11
$2,603.11
$1,988.11 $615.00
Total Penalties after remission(s): $2,603.11

Michael F. Easley, Governor
William G. Ross Jr., Secretary
pG North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Carl Daniel
Carolina Water Service Inc. Of NC
P.O. Box 240908
Charlotte, North Carolina 28224-0908
Dear Mr. Daniel:
November 5, 2008
7007 1490 0004 0798 8596
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0513
Permit No. NCO076431
Wolf Laurel WWTP
Madison County
A review of Wolf Laurel WWTP's monitoring report for June 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Nitrogen, Ammonia Total (as
N)
06/30/08
2.3 mg/I
2.68 mg/I
Monthly Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
611)
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
G:\WPDATA\DEMWQ\Madison\76431 Wolf Laurel WWTP\NOV-2008-LV-0513.76431.doc
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 ho e�828�299_4043 1 500 Customer
Service
Internet: www.ncwaterguality.org FAX

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
November 5, 2008
Jimmie Allen Stowe
Duke Energy Carolinas LLC
526 S Chruch St
Charlotte NC 282011002
SUBJECT: , Bioassay Compliance Inspection
Cliffside Steam Station
Permit No: NC0005088
Rutherford County
Dear Mr. Stowe:
Enclosed please find a copy of the Bioassay Compliance Inspection from the
inspection conducted on July 22, 2008. The facility was found to be in Compliance with
permit NC0005088.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely, /W
Jeff Menzel
Environmental Specialist
Enclosure
cc-., ORC
Central Files
Asheville Files
NorthCarolina
Aaturalty
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
Form Approved.
Washington, D.C. 20460
�+
OMB No. 2040-0057
Water Com dance inspection Re ort
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NC0005088 111 121 08/07/22 117 181 RI 19I c 20I
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ----------------------
67I 169 70131 1 71I DI 721 NI 73IW 174 751 I I I ]_II 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 08/07/22
07/09/01
Cliffside Steam Station
Exit Time/Date
Permit Expiration Date
Duke Power Rd
-
Cliffside NC 28024
10:30 AM 08/07/22
10/07/31
Name(s) of Onsite Re presentative(s)!T"itles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jimmie Allen Stowe,526 S Chruch St Charlotte NC
Yes
282011002//704-382-4309/7043829840
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
7
Keith Haynes ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
j
Roger C Edwards `ry\�- ARO WQ//828-296-4500/ j1 e
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES
yr/mo/day
31 NC0005088 1
11 121
08/07/22 117
Inspection Type
18IBI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
On July 23, 2008, Division Aquatic Toxicilogy personnel initiated a 3-Brood Ceriodaphnia dubia pass/fail
toxicity test on the effluent from the subject facility. The samples were collected by Asheville Regional staff
on July 22, and July 25, 2008.
The result of the test indicated that the subject discharge met criteria set forth in established standards.
Test Type 3-Brood Ceriodaphnia dubia pass/fail
Test Concentrations 7.14% sample
Test Result PASS
Control Survival 100%
Control Mean Reproduction 30.0 neonates
Test Treatment Survival 83%
Treatment Mean Reproduction 27.9 neonates
First Sample pH 7.64 SU
First Sample Conductivity 254 micromhos/cm
First Sample Total Residual Chlorine <0.0052 mg/L
Second Sample pH 7.34 SU
Second Sample Conductivity 265 micromhos/cm
Second Sample Total Residual Chlorine <0.0052 mg/L
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on receiving water.
Page # 2

Permit: NC0005088 Owner - Facility: Cliffside Steam Station
,pection ®ate: 07/22/2008 Inspection Type: Bioassay Compliance
Yes No NA NE
Effluent Pipe
®nnn
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris? n n n
If effluent (diffuser pipes are required) are they operating properly? ® n n n
Comment:
Page # 3

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
Mr. Danny McIntosh, Mayor
Town of Burnsville
Post Office Box 97
Burnsville, North Carolina 28714
November 5, 2008
Subject: Town of Burnsville
Increased Self Monitoring
Wastewater Treatment Plant
NPDES Permit Number NCO020290
Yancey County
Dear Mayor McIntosh:
The Division of Water Quality is in receipt of information supporting the Town of
Burnsville's request to revert wastewater treatment plant self -monitoring back to NPDES
Permit requirements (NPDES NC0020290). The increase was implemented due to upset
conditions and NPDES effluent violations beginning in April 2008. The information provided
demonstrates substantial compliance for three months, significantly improved wastewater
treatment plant performance and other efforts by the Town in areas of wastewater collection
and treatment. Therefore the Town of Burnsville, effective upon receipt of this letter, may
resume wastewater treatment plant self -monitoring in accordance with the requirements
contained in NPDES Permit Number NC0020290.
Please do not hesitate to call Jeff Menzel with the Asheville Regional Office at
[phone] should you need to discuss this matter in greater detail.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: Tom Storie, Town of Burnsville
Jadd Brewer, Water Quality Lab & Operation
Jeff Menzel, Asheville Regional Office
Tom Belnick, NPDES Unit
GAVVPDATA\DEMWQ\Yancey\Cane River Mussel Kill\burnsville self monitoring response-1.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwaterquality.org FAX [phone]
Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
wad Division of Water Quality
"C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 6, 2008
CERTIFIED MAIL I
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8701
Dr. Jeanette Hendrick, Superintendent
Cherokee County Schools
911 Andrews Road
Murphy, North Carolina 28906
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0514
Permit No. NCO035386
Hiwassee Dam School WWTP
Cherokee County
Dear Dr. Hendrick:
A review of Hiwassee Dam School's monitoring report for June 2008 showed the following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
pH
06/03/08
6 su
4.9 su
Daily Minimum
Not Reached
06/04/08
6 su
4.7 su
pH
06/10/08
6 su
5.0 su
Daily Minimum
Not Reached
06/11/08
6 su
4.9 su
pH
06/17/08
6 su
5.1 su
Daily Minimum
Not Reached
06/18/08
6 su
5.2 su
pH
06/24/08
6 su
5.0 su
Daily Minimum
Not Reached
06/25/08
6 su
5.1 su
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
It does not appear that the operator made any attempt to diagnose and correct these permit limit violations
but simply allowed the violations to continue throughout the month.
Part II, Section C.2. of your NPDES permit states in part "The Permittee shall at all times provide the proper
operation and maintenance resources necessary to operate. the existing facilities at optimum efficiency. The
Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this
permit."
oce
NhCarolina
Nat11n1`y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Dr. Jeanette Hendrick
November 6, 2008
Page Two
15A NCAC 08G .0204 RESPONSIBILITIES OF AN OPERATOR 1N RESPONSIBLE CHARGE (ORC
states in part:
`An Operator in Responsible Charge (ORC) of a water pollution control system must:
3) operate and maintain the system efficiently and attempt to insure the compliance of the system with any
permit(s) issued for the system as well as any other applicable local, state, and federal environmental
permitting and regulatory requirements;
(6) notify the owner of the system as soon as possible, and in writing within five calendar days of first
knowledge, of any.
(c) violations of any limits or conditions of the permit."
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within ten (10) working days of receipt of this letter. You should address the causes of noncompliance and all
actions taken to prevent the recurrence of similar situations. This should also include a timetable foraddressing
these concerns.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
Environmental Inc./ ORC
GAWPDATA\DEMWQ\Cherokee\35386 Hiawassee Dam School\NOV-2008-LV-0514.35386.doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
Resources
G,
North Carolina Department of Environment and Natural
Coleen H. Sullins, Director
. I
Division of Water Quality
"'C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 6, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8695
Dr. Jeanette Hendrick, Superintendent
Cherokee County Schools
911 Andrews Road
Murphy, North Carolina 28906
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0515
Permit No. NCO035386
Hiwassee Dam School WWTP
Cherokee County
Dear Dr. Hendrick:
A review of Hiwassee Dam School's monitoring report for July 2008 showed the following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
pH
07/01/08
6 su
5.9 su
Daily Minimum
Not Reached
07/02/08
6 su
5.7 su
pH
07/07/08
6 Pu
5.8 su
Daily Minimum
Not Reached
07/08/08
6 su
5.8 su
pH
07/15/08
6 su
5.7 su
Daily Minimum
Not Reached
07/16/08
6 su
5.9 su
pH
07/22/08
6 su
5.8 su
Daily Minimum
Not Reached
07/23/08
6 su
2.9 su
pH
07/29/08
6 su
5.7 su
Daily Minimum
Not Reached
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
It does not appear that the operator made any attempt to diagnose and correct these permit limit violations
but simply allowed the violations to continue throughout the month.
Part II, Section C.2. of your NPDES permit states in part "The Permittee shall at all times provide the proper
operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The
Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this
permit.,, One
NorthCarolina
✓Valurally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
J`_ Internet: www.ncwaterguality.org FAX [phone]

Dr. Jeanette Hendrick
November 6, 2008
Page Two
15A NCAC 08G .0204 RESPONSIBILITIES OF AN OPERATOR /N RESPONSIBLE CHARGE (ORC)
states in part:
"An Operator in Responsible Charge (ORC) of a water pollution control system must.
3) operate and maintain the system efficiently and attempt to insure the compliance of the system with any
permit(s) issued for the system as well as any other applicable local, state, and federal environmental
permitting and regulatory requirements;
(6) notify the owner of the system as soon as possible, and in writing within five calendar days of first
knowledge, of any:
(c) violations of any limits or conditions of the permit."
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within ten (10) working days of receipt of this letter. You should address the causes of noncompliance and all
actions taken to prevent the recurrence of similar situations. This should also include a timetable for addressing
these concerns.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
Environmental Inc./ ORC
G:\WPDATA\DEMWQ\Cherokee\35386 Hiawassee Dam School\NOV-2008-LV-0515.35386.doc

Michael F. Easley, Governor
Q
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
. l
Division of Water Quality
'C.
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 6, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dr. Jeanette Hendrick, Superintendent
Cherokee County Schools
911 Andrews Road
Murphy, North Carolina 28906
7007 1490 0004 0798 8688
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0516
Permit No. NCO035386
Hiwassee Dam School VW1/TP
Cherokee County
Dear Dr. Hendrick:
A review of Hiwassee Dam School's monitoring report for August 2008 showed the following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
pH
08/05/08
6 su
5.9su
Daily Minimum
Not Reached
pH
08/26/08
6 su
5.8 su
Daily Minimum
Not Reached
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
It does not appear that the operator made any attempt to diagnose and correct these permit limit violations
but simply allowed the violations to continue throughout the month.
Part II, Section C.2. of your NPDES permit states in part "The Permittee shall at all times provide the proper
operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The
Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this
permit."
North Carolina Division of Water Quality 2090U.S. Highway 70 Swannanoa, N.C. 28778
Internet: www,ncwaterguality.org
One
NorthCaronna
Naturally
Phone[phone] Customer Service
FAX [phone]

Dr. Jeanette Hendrick
November 6, 2008
Page Two
15A NCAC 08G 0204 RESPONSIBILITIES OF AN OPERATOR /N RESPONSIBLE CHARGE (ORC)
states in part:
`An Operator in Responsible Charge (ORC) of a water pollution control system must.
3) operate and maintain the system efficiently and attempt to insure the compliance of the system with any
permit(s) issued for the system as well as any other applicable local, state, and federal environmental
permitting and regulatory requirements;
(6) notify the owner of the system as soon as possible, and in writing within five calendar days of first
knowledge, of any:
(c) violations of any limits or conditions of the permit."
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within ten (10) working days of receipt of this letter. You should address the causes of noncompliance and all
actions taken to prevent the recurrence of similar situations. This should also include a timetable for addressing
these concerns.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
Environmental Inc./ ORC
G:\VVPDATA\DEMWQ\Cherokee\35386 Hiawassee Dam School\NOV-2008-LV-0516.35386.doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
November 6, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8633
William N Hughes
Town of Murphy
PO Box 130
Murphy NC 28906
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0748
Pretreatment Audit Inspection
Murphy WWTP
Permit No. NCO020940
Cherokee County
Dear Mr Hughes:
Enclosed please find a copy of the Inspection Report from the inspection conducted on September
26, 2008. Monti Hassan of the PERCS Unit in Raleigh and Keith Haynes of the Asheville Regional
Office conducted the Pretreatment Audit Inspection. The treatment facility was found to be in
violation of Permit NCO020940 for the following:
Inspection Area Compliance Issue
Pretreatment Failure to submit updated IWS as required
Please refer to the enclosed Inspection Report for any additional observations and comments.
To prevent further action, carefully review this violation and respond in writing to this office within
fifteen (15) working day of receipt of this letter. Also please that the updated IWS should be
submitted to the PERCS Unit no later than January 1, 2009. If you should have any questions,
please do not hesitate to contact Keith Haynes at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: Scott Helton, w/ attachment
PERCS w/ attach.
WQ Central Files w/ attachment
ARO w/ attachment Northcarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

United States Environmental Protection Agency
Form Approved.
®f A Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO020940 Ill 121 08/09/26 117 18I GI 19I SI 20I 1
Remarks
21I111111111111111111111111111111111111111111111.16
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ----------------------
67I 169 70 LI 71 I I 72 I N I 73) j 174 75I I I I I I I 180
�
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 08/09/26
07/10/01
Murphy WWTP
Exit Time/Date
Permit Expiration Date
Payne St
Murphy NC 28906
02:00 PM 08/09/26
12/08/31
Name(s) of Onsite Representative(s)/ritles(s)/Phone and Fax Number(s)
Other Facility Data
Matthew Scott Helton/ORC/828-837-2510/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Anna A Payne,PO Box 130 Murphy NC 28906//828-837-2510/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers
/Date
Keith Haynes ARO WQ//828-296-4500/ #! 4.0y
Monti Hassan Pretreatment Unit///
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
S
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO020940 I11 12I 08/09/26 I17 18IGI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Please see attached Audit form
Page # 2

NORTH CAROLINA DIVISION OF WATER QUALITY
PRETREATMENT AUDIT REPORT
A Information (Complete prior to audit; review Program Info Database Sheet(s))
Control Authority (POTW) Name: Town of Murphy
2. Control Authority Representative(s): Scott Helton
3. Title(s): Pretreatment Coordinator
4. Address of POTW:
Mailing PO Box 130
City - Murphy
Phone Number 828-837-2510 Fax Number 828-837-9612
Zip Code 28906
E-Mail townofmurphy(a,webworkz.com
5. Audit Date 09/26/08
6. Last Inspection Date: 09/12/07 Inspection Type ® PCI ❑ Audit
7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s) ? ® Yes ❑ No
If No, Explain.
8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ❑ Yes ® No
If Yes, Explain,
9. Is POTW under an Order That Includes Pretreatment Conditions? ❑ Yes ® No
Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ® NA
Parameters Covered Under Order
PCS (WENDB)Codin
Trans.Code Main Program Permit Number MM/DD/YY Inspec,Type
INIC10 IO I2 IO 19 I4 IO I I09 I261081
(DTIA) (TYPI)
..
1.0:.._Current Number of Significant Industrial Users(SIUS)?...................:.........................:.............................................................................
Inspector
(INSP)
Fac. Type
(FACC)
.SIUS ..........
3
1.1,:... Current Number of Categorical Industrial Users(CIUS)?...............................................................:..........................................................
3
CIUS
.................................
12. Number of SIUs Not Inspected by POTW in Last Calendar Year?
................................................................................................................................................
0
.................................
13. Number of.SlUs Not Sampled by POTW in Last Calendar Year?
....................n.....................,.........................................................................................................
0
14. Enter Higher Number of 12 or 13
....................................................................................................................................................................................................
0
NOIN
.................................
1.5.:..-Number of.SIUs with No IUP, or with an Expired IUP.................................................................................................................................
0
NOCM
.................................
16. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of Last 2
1
PSNC
Semi -Annual Periods .t.............Total Number of SIUs in SNC ....................................................:...........................
.................................................................................................................................................................................................
17. Number of SIUs in SNC for Reporting During Either of Last 2 Semi -Annual Periods
...............................................................................................I..........I................
0
MSNC
................................
18. Number, of SIUs in SNC for Limits Violations During Either of Last 2 Semi -Annual Periods
1
SNPS
................................
19. Number of SIUs in SNC for Both Reporting and Limits Violations During Either of Last 2
0
Semi -Annual Periods
........................................... .... .
''O. Number of SIUs in SNC for Self -Monitoring Requirements that were Not Inspected or Sampled
0
SNIN
NC DWQ Pretreatment Audit Form Revised: July 25. 2007 Page l

21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW has co
Element in their File, complete with all supportine documents and PERCS Approval Letter, and dates consistent with':.
Program Element
Last Submittal
Date In file?
Last Approval
Date In file
Daft"
If A�L
Headworks Analysis (HWA)
05/13/04
® Yes ❑ No
06/08/04
® Yes ❑ No
05/14%U>,
Industrial Waste Survey (IWS)
06/02/99
® Yes ❑ No
10/31/00
® Yes ❑ No
10/31/05
Sewer Use Ordinance (SUO)
08/31/07
® Yes ❑ No
08/31/07
® Yes ❑ No
Enforcement Response Plan (ERP)
12/21/99
® Yes ❑ No
01/05/00
® Yes ❑ No
Long Term Monitoring Plan (LIMP)
08/27/02
® Yes ❑ No
10/04/02
® Yes ❑ No
10/04/07
LeEral Authoritv (Sewer Use Ordinance-SUO)
22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction?
❑ Yes 0 No If yes, Please list these towns and/or areas.
23. If yes to #22, Do you have current Interjurisdictional Agreements (IJAs) or other Contracts? ❑ Yes ❑ No M NA
A copy, if not already submitted, should be sent to Division.
24. If yes to #22, Have you had any trouble working with these towns or districts? ❑ Yes ❑ No ® NA
If yes, Explain.
25. Date of Last SUO Adoption by Local Council 06/04/07
26. Have you had any problems interpreting or enforcing any part of the SUO? ® Yes ❑ No
If yes, Explain. Issues regarding Carolina Prime Pet
Enforcement (Enforcement Response Plan-ERP)
27. Did you send a copy of the ERP to your industries? ❑ Yes ® No
If no, POTW must send copy within 30 days.
28. Have you had any problems interpreting or enforcing any part of the ERP (i.e. any adjudication, improper enforcement, etc?
❑ Yes ® No If yes, Explain.
29. List Industries under a Schedule or Order and Type of Schedule or Order
none
Resources
30. Please Rate the Following: S=Satisfactory M=Marginal U=Unsatisfactory
v
Rating
Explanation, if Unsatisfactory
Personnel Available for Maintaining
Town should consider hiring at least one part-time staff person
POTW's Pretreatment Program
❑S ®M ❑U
to assist at the WWTP
Access to POTW Vehicles for
Sampling, Inspections, and
®S ❑M ❑U
Emergencies
Access to Operable Sampling
Equipment
®S ❑M ❑U
Availability of Funds if Needed for
Additional Sampling and/or Analysis
®S ❑M ❑U
Reference Materials
®S ❑M ❑U
Staff Training (i.e. Annual and
Should be allowed to attend training when needed.
Regional Workshops, Etc.)
❑S ®M ❑U
Computer Equipment (Hardware and
Software)
®S ❑M ❑U
NC DWQ Pretreatment Audit Form Revised: July 25, 2007 Page 2

an adequate data management system to run the pretreatment program? ® Yes ❑ No
,,e POTW recover the cost of the Pretreatment Program from their industries? Explain.
.es pay for sampling etc.
Perception/ Participation
_,3. Are there any local issues affecting the pretreatment program (e.g.. odor, plant closing, new or proposed plants)?
® Yes ❑ No If yes, Explain. Issues with the discharge from Carolina Prime Pet
34. Has any one from the public ever requested to review pretreatment program files? ❑ Yes ® No
If yes, Explain procedure. If no, How would the request be addressed? Allowed to view
35. Has any industry ever requested that certain information remain confidential from the public? ❑ Yes ® No If yes, Explain
procedure for determining whether information qualified for confidential status, as well as procedure for keeping files confidential
from public. If no, how would the request be addressed?. Different files
36. In addition to annual inspection, does the POTW periodically meet with industries to discuss pretreatment? ® Yes ❑ No
37. Is the public notified about changes in the SUO or Local Limits? ® Yes ❑ No
38. Were all industries in SNC published in the last notice? ® Yes ❑ No
Permitting (Industrial Waste Survey-IWS)
39a... How does the POTW become aware of new or changed Users? Town Water Dept. records
39b. Once the POTW becomes aware of new or changed Users, how does the POTW determine which industries have the
reasonable potential to adversely impact the WWTP and therefore require anew permit or a permit revision? (Who is an
SIU?) IWS short form
40. Does the POTW receive waste from any groundwater remediation projects (petroleum, CERCLA) or landfill leachate?
®Yes ❑No If Yes, How many are there? One
Please list each site and how it is permitted, if applicable. IUP for Moog
41. Does the POTW accept waste by (mark if applicable) ® Truck ❑Dedicated Pipe ❑ NA Only special request
42. If the POTW accepts trucked waste, what controls are placed on this waste? (example. designated point, samples drawn,
manifests required) Request based on digester capacity
43. How does the POTW allocate its loading to industries? Mark all that apply
❑ Uniform Limits ❑ Historical Industry Need ❑ By Surcharge ® Categorical Limits ❑ Other
Explain Other:
44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑ Yes ® No
If yes, What parameters are over allocated?
45. If yes to #43, What is being done to address the over allocations? (short-term IUPs, HWA to be revised, pollutant study, etc.)
46. Does the POTW keep pollutant loading in reserve for future growth / safety? ® Yes ❑ No
If yes, what percentage of each parameter not up-to-date%
47. Has the POTW experienced any difficulty in allocation? (for example: adjudication by an industry) ❑ Yes ® No
If yes, Explain.
48. How does the POTW decide on which pollutants to limit in the permits? Monitor for? (for example: were only those pollutants
listed on the application limited; categorical parameters; NPDES Pollutants of Concern)
Categorical and Pollutants of concern
49. How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits ? Explain.
Categorical standards
NC DWO Pretreatment Audit Form Revised: Juh. 25. 2007 Page 3

Permit Compliance
50. Does the POTW currently have or during the past year had any permits under adjudication? ❑ Yes ® No
If yes, which industries? What was (will be) the outcome of the adjudication?
51. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits, reportr.,
requirements, and permit conditions, as well as for SNC. Compliance Judgement worksheet \
52. Does the POTW use the Division's model inspection form or equivalent? ® Yes ❑ No
If no, does the POTW form include all DWQ data? ❑ Yes ❑ No
53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ® Yes ❑ No
If no, Explain.
54. What criteria are used to determine if a slug/spill control plan is needed?
Categorical and what chemicals are stored/used on site
55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate?
Review
56. How does the POTW decide where the sample point for an SIU should be located?
Prior set-up on Permits
57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time?
(example: correct location; proper programming of sampler; clean equipment; swirling the sample bucket uniformly)
POTW: ® Yes ❑ No SIU: ® Yes ❑ No If yes, Explain.
58. Who performs sample analysis for the POTW for Metals ETS
Conventional Parameters ETS
Organics ETS
59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples.
Pick-up by Environmental Testing Solutions then contracted out as needed.
Long/Short Term Monitoring Plan (L/STMP) and Headworks Analysis (HWA)
60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES ❑ NO
60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑ NO
60c. Is LTMP/STMP Data Maintained in Table or Equivalent? M YES ❑ NO Is Table Adequate? ® YES ❑ NO
60d. All LTMP/STMP effluent data on Discharge Monitoring Report (DMR)? ® YES ❑ NO
60e. If NO to any above, list violations
60f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ® NO
If yes, which ones? Eliminated: Added:
61. Do you complete your own headworks analysis (HWA) ? ® Yes ❑ No
If no, Who completes your HWA? Phone'( ) --
62. Do you have plans to revise your HWA in the near future? ® Yes ❑ No
If yes, What is the reason for the revision? (mark all that apply) ❑Increased average flow ❑NPDES limits change
®More LTMP data available ❑Resolve over allocation ®5 year expiration ❑Other
Explain.
63. In general, what is the most limiting criteria of your HWA? ®Inhibition ❑ Pass Through [:]Sludge Quality
64. Do you see any way to increase your loading in the future (Example: obtaining more land for sludge disposal)? ❑ Yes ❑ No
Explain. Not applicable
Sum
65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment?
Possible addition of Carolina Prime Pet
NC DWQ Pretreatment Audit Form Revised: July 25. 2007 Page 4

e2MIT (11TP1 FILE RFVIFW (I TUP FIT,E REVIEWS AND I IU INSPECTION)
1. Moog
2. MGM Brakes
3. Sioux Tools
0003
0001
0005
—ontain Current Permit?
® Yes ❑ No
X
Yes ❑ No
® Yes ❑ No
Expiration Date
03/05/13
03/15/13
03/05/13
433.15
433.15
433.15
..e orical Standard Applied (I.E. 40 CFR, Etc.) Or N/A
Does File Contain Permit Application Completed Within One Year Prior
® Yes ❑ No
®Yes ❑ No
® Yes ❑ No
to Permit Issue Date?
72. Does File Contain Inspection Completed Within Last Calendar Year?
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
73, a. Does File Contain Slug/Spill Control Plan?
a. ®Yes ❑No
a. ®Yes ❑No
a. ®Yes ❑No
b. If No, is One Needed? (See Inspection Form
b. ❑Yes ❑No
b. [:]Yes❑No
b. ❑Yes ❑No
-from
74, For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic
❑Yes!n-
❑YespNo❑N/A
Organic Management Plan (TOMP)?
75.®Yes❑No❑N/A
a. Does File Contain Original Permit Review Letter from Division?
a. ❑Yes ❑No
a. ❑Yes ❑No
a. ❑Yes []No
b. All Issues Resolved?
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
76. During Most Recent Semi -Annual Period, Did POTW Complete its
® Yes ❑ No
Z Yes ❑ No
® Yes ❑ No
Sampling as Required by IUP, including Flow?
77. Does File Contain POTW Sampling Chain -Of -Custody Forms?
® Yes ❑ No
® Yes ❑ No
®Yes ❑ No
78. During Most Recent Semi -Annual Period, Did SIU Complete its
®Yes❑No❑N/A
®Yes❑No❑N/A
®Yes❑No❑N/A
Samplin as Required b IUP, including Flow?
79. During Most Recent Semi -Annual Period, Did SIU submit all reports on
_
®Yes❑No[1N/A
®Yes❑No❑N/A
NYespNo❑N/A
time?
80a. For categorical IUs with Combined Wastestream Formula (CWF), does
❑YespNo®NIA
❑Yes❑NoNN/A
❑Yes❑NoNN/A
file include process/dilution flows as Required by IUP?
80b. For categorical IUs with Production based limits, does file include
❑Yes❑No®N/A
❑YespNoNN/A
❑Yes❑NoNN/A
production rates and/or flows as Required bX IUP?
81. During Most Recent Semi -Annual Period, Did POTW Identify All
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Limits Non -Compliance from Both POTW and SIU Sampling?
NA
NA
NA
I' 'During Most Recent Semi -Annual Period, Did POTW Identify All
❑Yes❑NoNN/A
❑Yes❑No®N/A
❑YespNoNN/A
"Reporting Non -Compliance from SIU Sampling?
83. a. Was POTW Notified by SIU (Within 24 Hours) of All Self-
a.❑Yes❑No®N/A
a.❑Yes[iNo®N/A
a.❑Yes❑No®N/A
Monitoring Violations?
b. Did Industry Resample and submit results to POTW within 30 Days?
b.❑Yes❑No®N/A
b.❑Yes❑No®N!A
b.❑Yes❑No®N/A
c. If applicable, did POTW resample and obtain results within 30 days of
c.❑Yes❑NoNN/A
c.❑Yes[1No0N/A
c.❑Yes❑No®N/A
becoming aware of SIU limit violations in the POTW's sampling of SIU?
84. During Most Recent Semi -Annual Period, Was SIU in SNC?
I ❑ Yes ® No
❑ Yes ® No
❑ Yes N No
85. During Most Recent Semi -Annual Period, Was Enforcement Taken as
❑YesONoNN/A
❑Yes❑NoNN/A
❑YesONo®N/A
Specified in POTW's ERP (NOVs, Penalties, timing, etc.)?
86. Does File Contain Penalty Assessment Notices?
❑Yes❑NoNN/A
❑Yes❑NoNN/A
❑Yes❑NoNN/A
87. Does File Contain Proof Of Penalty Collection?
❑Yes❑NoNN/A
❑Yes❑NoNN/A
❑Yes❑NoNNlA
88. a. Does File Contain Any Current Enforcement Orders?
a.❑YesoNo®N/A
a.❑Yes❑No®N/A
a.❑YespNo®N/A
b. Is SIU in Compliance with Order?
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
b.❑Yes❑No❑N/A
89. Did POTW Representative Have Difficulty in Obtaining Any Requested
❑Yes ®No
❑Yes ®No
❑ Yes ® No
Information For You?
FILE REVIEW COMMENTS:
75. Iups were renewed effective 9/15/08 without DEWQ approval. Copies were not submitted.
NC DWQ Pretreatment Audit Form Revised: July 25, 2007 Page 5

INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector
Lztl L N I C I 0 I 0 1 2 10 1 9 1 4 10 i 109 126 1 08 I I tl I L& J
(DTIA) (TYPI) (INSP) (FA ,
1. Industry Inspected: Moog
2. Industry Address: 1995 NC Hwy 141
3. Type of Industry/Product:
4. Industry Contact: Darel La Perriere Title: Env/Safety Specialist Phone: [phone] Fax:
5. Does the POTW Use the Division Model Inspection Form or Equivalent? ® Yes ❑ No
6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ® Yes ❑ No
B. Plant Tour ❑ Yes ® No Follow-up inspection on pretreatment changes
C. Pretreatment Tour ® Yes ❑ No
D. Sampling Review ® Yes ❑ No
E. Exit Interview ® Yes ❑ No
Industrial Inspection Comments:
Moog has gone to a non -discharging system for the pipe 001. This portion of the permit will be changed when the industry is
sure that the new system is permanent.
Audit SUMMARY AND COMMENTS:
Audit Comments: Most aspects of the program are in good order. Mr. Helton needs to be allowed to spend additional time with
the filing of pretreatment documents.
Requirements: Make sure all necessary documentation is submitted to the PERCS unit for review. This includes an updated
Industrial Waste Survey which was due to be submitted on 10/31/2005. This IWS should be submitted no later than 01/01/2009.
Additionally all IUP renewals should be submitted to PERCS for review before actual renewal.
Recommendations: Continue work on the files. Need to check with PERCS Unit regarding switching from LTMP to STMP.
Continue to monitor the situation at Carolina Prime Pets and schedule meeting with industry and SWP staff from the regional
office.
NOD: ❑ Yes
NOV: ® Yes
QNCR: ❑ Yes
POTW Rating:
Satisfactory ❑ Marginal ® Unsatisfactory ❑
Audit COMPLETED BY:Monti Hassan, PERCS and Keith Haynes, ARO - DATE: September 26, 2008
NC DWQ Pretreatment Audit Form Revised:.Iuly 25. 2007 Page 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 6, 2008
DWQ Project # 08-1526
Avery County
Country Star, LLC
Ron Glover
PO Box 2462
Banner Elk, NC 28604
Subject Property: Burnette Property
Pond and UT to Hanging Rock Creek
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Glover:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 25 feet of streams and 0,285 acres of open water for the purpose of excavating
a pond at the subject property, as described within your application dated October 1, 2008 and received
by the N.C. Division of Water Quality (DWQ) on October 3, 2008. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3705
(GC3705). The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army
Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non -discharge, and Stormwater regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in l 5A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Stream
25 (feet)
Impact 2
Waters
0.285 (acres)
Impact 1
North Carolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..nowaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Avery\401 s\08-1526CountryStar-BurnetteAPPROVAL.doc
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper

N
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
Coleen H. Sullins, Director
Enclosures: GC 3057
Certificate of Completion
cc: 401/Wetlands Unit
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
Avery County Planning
File Copy
Central Files
ENV-ECS
Matt Blackburn
643 Greenway Road Suite K-3
Boone, NC 28607

Michael F. Easley, Governor
William G. Ross Jr., Secretary
�G North Carolina Department of Environment and Natural Resources
rColeen H. Sullins, Director
.4A )- { Division of Water Quality
"C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Deborah Harrell, President
Days Inn of Candler, Inc.
2200 Northlake Parkway, Suite 277
Tucker, Georgia 30084
Dear Ms. Harrell:
November 7, 2008
7007 1490 0004 0798 8718
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0528
Permit No. NCO025933
Days Inn West Wastewater Treatment Plant
Buncombe County
A review of Days Inn West WWTP's monitoring report for August 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
08/20/08
400 #/100m1
700 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the. attention of Janet Cantwell,
The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you should
have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/.DWQ Enforcement Files
Chris E, Dickinson/ Manager, Days Inn West
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\25933 Days Inn West\NOV-2008-LV-0528.25933.doc NorthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality,org FAX [phone]
L2

Michael F. Easley, Governor
William G. Ross Jr., Secretary
�G North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality,. Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 7, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8725
Mr. Roger C. Floren, II
Flesher's Fairview Rest Home
P.O. Box 1160
Fairview, North Carolina 28730
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0526
Permit No. NCO034924
Flesher's Fairview Rest Home WWTP
Buncombe County
Dear Mr. Floren:
A review of Flesher's Fairview Rest Home's monitoring report for July 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
07/23/08
400 #/100m1
600 #/100m1
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwwll or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\34924 Flesher's Rest Home\NOV-2008-LV-0526.34924.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org FAX [phone]

Michael F. Easley, Governor
G William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 7, 2008
Jackson County
DWQ Project No. 081424
NCSR 1303 (Garnett Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
Long Branch and in six (6) unnamed tributaries to Long Branch, for the purpose of widening and making improvements
to NCSR 1303 (Garnett Road) in Jackson County:
.Stream Imnarts in the Little Tennessee River Basin
Site
Seep
Streambank
Permanent Fill in
Temporary
Total Stream
Stream
Relocation
Stabilization
Perennial Stream
Dewatering in
Impact
Impacts
(linear ft)
(linear ft)
(linear ft)
Perennial Stream
(linear ft)
Requiring
(linear ft)
Mitigation
(linear ft)
STA.
0
115
0
140
255
0
5+35 to 6+50
2 - STA.
0
60
0
85
145
0
7+00 to 7+60
3 - STA. 8+48
0
0
20
80
100
0
4 — STA.
100
_ _
0
0
125
225
0
8-1-50 to 9+50
5 - STA.
0
38
0
63
101
0
11+50 to 11+88
6 — STA.
0
35
0
60
95
6
14+15 to 14+50
7 — STA.
0
25
0
50
75
0
14+75 to 15+00
8— STA. 15+30
0
0
7
62
69
0
9— STA.
0
------- - 7---
0
32
39
0
15+43 to 15+50
10 — STA.
0
30
0
55
85
0
17+70 to 18+00
1 1- STA. 21+62
0
0
13
70
83
0
12- STA. 24+39
_
0
18
73
91
0
12A-STA 24+39
0
_ _0 _
0
-5
50
45
0
13 — STA.
270
0
0
295
565
0
24+50 to 27+20
14 - STA.31+46
0
0
5
102
107
0
--Total
370
310
58
1342
2080
0
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
Phone [phone]
FAX [phone]
ne
NoOrthCarol i na
Naturaffy
Customer Service
1-877-623-6748

Mr. J. B. Setzer, P.E.
November 7, 2008
Page Two
Total Stream Permanent Impact for Project: 58 linear feet. Temporary Impact for Project: 1342 linear feet.
Stream Relocation for Project: 370 linear feet. Strearnbank Stabilization for Project: 310 linear feet.
Total Stream Impact for Project: 2080 linear feet.
The project should be constructed in accordance with your application dated September 12, 2008 (received September
18, 2008) and additional information dated October 8, 2008 (received October 16, 2008), including the environmental
commitments made in the application letters. After reviewing your applications, we have decided that these impacts are.
covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers
Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you
proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply
Watershed regulations. This certification does not authorize the discharge of waste rock and dirt into the stream or
riparian zone except for permitted areas associated with the bank stabilization work.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Adequate sedimentation and erosion control treasures must be. installed and maintained on the project site to
minimize sediment transport to downstreamaquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropri.ate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. In -stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout -spawning
season of October 15 through April 15 to protect the egg and fry stages of trout from off -site sedimentation during
construction of the roadway.
5. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting
water into the new channel. Whenever, possible, channel relocations shall be allowed to stabilize for an entire
growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber matting and seedling
establishment is allowable. Also, rip -rap may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any. calculations used to determine the extent of rip -
rap coverage requested.
6. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity
causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.

For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-1, WS-I1), stormwater shall be directed to vegetated buffer
areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
8. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
9. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
10. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
11. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
15. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification
7. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on -site project manager.
19. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
2.0. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification
21. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
22. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
_ within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
napter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

Mr. J. B. Setzer, P.E.
November 7, 2008
Page Three
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
t Coleen H. Sullins, Director
Division of Water Quality
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
081424 (Setter) NCSR 1303 (Garnett Road)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mayor Robert Cagle, Jr.
Town of Robbinsville
P.O. Box 129
Robbinsville, North Carolina 28771
Dear Mayor Cagle:
November 7, 2008
7007 1490 0004 0798 8732
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0521
Permit No. NCO083071
Robbinsville Water Treatment Plant
Graham County
A review of Robbinsville WTP's monitoring report for August 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Chlorine, Total Residual
08/25/08
17 ug/I
55 ug/I
Daily Maximum
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet. Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
Earth Environmental/ ORC
G:\WPDATA\DEMWQ\Graham\Robbinsville, Town of\WTP 83071\NOV-2008-LV-0521.83071.doc NorthCarolina
N61t11C17lly
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone [phone] Customer Service
Internet: www.newaterguality.org FAX [phone]

Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 7, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8749
Mayor Robert Cagle, Jr.
Town of Robbinsville
P.O. Box 129
Robbinsville, North Carolina 28771
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0520
Permit No. NCO083071
Robbinsville Water Treatment Plant
Graham County
Dear Mayor Cagle:
A review of Robbinsville WTP's monitoring report for July 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Chlorine, Total Residual
07/21/08
17 ug/l
183 ug/I
Daily Maximum
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it
should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or meat 828/296-4500.
Sincerely,
jy'yl �1.
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
Earth Environmental/ ORC
G:\WPDATA\DEMWQ\Graham\Robbinsville, Town of\WTP 83071\NOV-2008-LV-0520.83071.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www ncwaterquality.on FAX [phone]

JA,-rk- Michael F. Easley, Governor
19
-a 0 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Ca �' Division of Water Quality
November 10, 2008
Kathryn Crawford, Owner
177 Campers Lane
Canton, North Carolina 28716
Subject: Follow up to NOV Response
NOV-2008-CV-0017
Laurel Bank Campground Property
Haywood County, North Carolina
Dear Mrs. Crawford:
On October 21, 2008, the Division of Water Quality (DWQ) received your written response to the
Notice of Violation (NOV) issued for unauthorized work in waters. No schedule (timeline) for
bringing the site back into compliance was included in your response. The DWQ requests that
you provide a timeline for events in a timely manner such that this agency can monitor the efforts
to reach compliance. Please provide a timeline including benchmark dates to this office and
copied to the Non -Point Source Compliance Enforcement Unit at;
John Hennessy
Non -Point Source Compliance Enforcement Unit
Division of Water Quality
1617Mail Service Center
Raleigh, NC 27699-1617
It is requested that this timeline be submitted with 10 business days of receipt of this letter in
order to track progress of this compliance issue.
Should you have any questions regarding these matters, please contact Kevin Barnett at (828)
296-4500.
Sincerely,
Rogcr C. Edwards
Surface Water Protection Section
cc; John Hennessy —NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Asheville Regulatory Field Office, U.S. Army Corps of Engineers
Agatha B. Guy, Melrose, Seago & Lay, P.A.
2775 Highway 74 Fast, Post Office Box 1011, Sylva, NC 28779
��,�
Nu,rCh(.'.tunlina
)WIll7lllf
North Caroling Division or Water Quality 2090 U.S. I lig,hwgy 70 Swannanoa, NC 28778 Phone [phone] Custorner Service
Internet: www.ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Haywood\401 s\Crawford.FollowupToResponseToNOV.NOV2008CV0017.doc
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
T' Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
November 10, 2008
Ms. Sally Sandy, City Manager
City of Morganton
Post Office Box 3448
Morganton, North Carolina 28680-3448
Subject: City of Morganton
Compliance Evaluation Inspection
Permit No. WQCS00028
Wastewater Collection System
Burke County
Dear Ms. Sandy:
Attached is the report resulting from the City of Morganton's Collection System Permit
Compliance Evaluation Inspection which I conducted on November 5, 2008. Morganton is doing
a fine job of operating and maintaining its wastewater collection system. Would you please
extend my appreciation to the staff that actually does the work and the City Council who provides
the resources.
Anytime you need to discuss matters relating to the City's collection system please do
not hesitate to call me at 828-296-4659.
Sincerely,
Roy Davis
Environmental Engineer
Cc: Don Danford, City of Morganton, Water Resources Director
Dwain Benton, City of Morganton CSORC
Surface Water Protection Section Central Files
PERCS Files
G:\WPDATA\DEMWQ\Burke\Morganton Collection SysternWorganton Inspection Cover Letter.08.doc
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 N,rthCarolina

Compliance Inspection Report
,rmit: WQCS00028 Effective: 04/30/04 Expiration: 03/31/09 Owner: City of Morganton
SOC: Effective: Expiration: Facility: Morganton Collection System
County: Burke PO Box 3448
Region: Asheville
Morganton NC 286559850
Contact Person: Mel S Cohen Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
NC0026573 City of Morganton - Catawba River Pollution Control Facility
Inspection Date: 11/05/2008 Entry Time: 09:00 AM Exit Time: 11:30 AM
Primary Inspector: Roy M Davis . Phone: [phone]
mr Ext.4659
-� Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ■ Compliant Q Not Compliant
Question Areas:
® Miscellaneous Questions Performance Standards Operation & Maint Reqmts ®Records
® Monitoring & Rpting Inspections Pump Station Manhole
Reqmts
Lines
(See attachment summary)
Page: 1

Permit: WQCS00028 Owner - Facility: City of Morganton
Inspection Date: 11/05/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The City of Morganton is doing a good job of maintenance and operation of its wastewater collection system.
Page: 2

Permit: WQCS00028 Owner - Facility: City of Morganton
;spection Date: 11/05/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? n n n
What educational tools are used?
School visits, Greasy Gremlin, and door magnets. The City of Morganton has hired a person to oversee
FOG Public Education and inspection of 155 commercial grease sources.
Is Sewer Use Ordinance/Legal Authority available?
❑
n n
Does it appear that the Sewer Use Ordinance is enforced?
n
n n
Is Grease Trap Ordinance available?
n
n n
Is Septic Tank Ordinance available (as applicable, i.e. annexation)
n
n n
List enforcement actions by permittee, if any, in the last 12 months
None
Has an acceptable Capital Improvement Plan (CIP) been implemented?
®❑
n n
Does CIP address short term needs and long term \"master plant/ concepts?
®
n
n
Does CIP cover three to five year period?
n
n n
Does CIP include Goal Statement?
®n
n n
-- Does CIP include description of project area?
®n
n n
Does CIP include description of existing facilities?
n
n n
Does CIP include known deficiencies?
®n
n n
Does CIP include forecasted future needs?
®
n
n n
Is CIP designated only for wastewater collection and treatment?
®❑
n n
Approximate capital improvement budget for collection system?
$150,000.00
Total annual revenue for wastewater collection and treatment?
$6,118,301.00
CIP Comments
Good CIP
Is system free of known points of bypass?
n
n n
If no, describe type of bypass and location
NA
Is a 24-hour notification sign posted at ALL pump stations?
■
❑
n n
# Does the sign include:
Instructions for notification? 001111
Pump station identifier? n n n
24-hour contact numbers ® n n n
�- If no, list deficient pump stations
None
Page: 3

Permit: WQCS00028 Owner - Facility: City of Morganton
Inspection Date: 11/05/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine `
# Do ALL pump stations have an "auto polling" feature/SCADA?
n
n
n
Number of pump stations
14
Number of pump stations that have SCADA
0
Number of pump stations that have simple telemetry
14
Number of pump stations that have only audible and visual alarms
0
Number of pump stations that do not meet permit requirements
0
# Does the permittee have a root control program?
n
n
n
# If yes, date implemented?
Describe:
Dukes. Initiated at least 15 years ago.
Comment:
Inspections
Yes
No
NA
NE
Are maintenance records for sewer lines available?
mo
n
n
Are records available that document pump station inspections?
®n
n
n
Are SCADA or telemetry equipped pump stations inspected at least once a week?
■
n
n
n
Are non-SCADA/telemetry equipped pump stations inspected every day?
Are records available that document citizen complaints?
■
n
n
n
# Do you have a system to conduct an annual. observation of entire system?
■
n
n
11
# Has there been an observation of remote areas in the last year?
■
❑
n
n
Are records available that document inspections of high -priority lines?
■
❑
Cl
El
Has there been visual inspections of high -priority lines in last six months?
■
Q
n
Comment:
Operation & Maintenance Rees uirements
Yes
No
NA
NE
Are all log books available?
■
n
n
n
Does supervisor review all log books on a regular basis?
■
❑
Does the supervisor have plans to address documented short-term problem areas?
■
n
n
n
What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas?
As needed.
Are maintenance records for equipment available?
®
n
n
n
Is a schedule maintained for testing emergency/standby equipment?
■
What is the schedule for testing emergency/standby equipment?
Weekly
Page: 4

Permit: WQCS00028 Owner - Facility: City of Morganton
,ispection Date: 11/05/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Do pump station logs include:
Inside and outside cleaning and debris removal?
n
n
Inspecting and exercising all valves?
n
n
n
Inspecting and lubricating pumps and other equipment?
n
n
❑
Inspecting alarms, telemetry and auxiliary equipment?
0
n
n
Is there at least one spare pump for each pump station w/o pump reliability?
n
❑
E
n
Are maintenance records for right-of-ways available?
n
❑
Are right-of-ways currently accessible in the event of an emergency?
n
n
❑
Are system cleaning records available?
n
n
n
Has at least 10% of system been cleaned annually?
n
n
What areas are scheduled for cleaning in the next 12 months?
Fast food row.
Is a Spill Response Action Plan available?
00
n
n
Does the plan include:
24-hour contact numbers
®
n
n
n
Response time
❑
n
El
Equipment list and spare parts inventory
®❑
n
n
Access to cleaning equipment
®❑
n
Access to construction crews, contractors, and/or engineers
n
❑
n
Source of emergency funds
®n
❑
rl
Site sanitation and cleanup materials
®❑
❑
n
Post-overflow/spill assessment
n
❑
n
Is a Spill Response Action Plan available for all personnel?
❑
n
n
Is the spare parts inventory adequate?
®
n
❑
n
Comment:
Records
Yes
No
NA
NE
Are adequate records of all SSOs, spills and complaints available?
■
❑
n
❑
Are records of SSOs that are under the reportable threshold available?
❑
❑
■
Do spill records indicate repeated overflows (2 or more in 12 months) at same location?
n
■
n
n
If yes, is there a corrective action plan?
n
❑
■
Is a map of the system available?
®n
n
n
Page: 5

Permit: WQCS00028 Owner - Facility: City of Morganton
Inspection Date: 11/05/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Does the map include:
Pipe sizes
o
n
In
Pipe materials
n
In
n
Pipe location
n
❑
n
Flow direction
n
❑
In
Approximate pipe age
n
n
Number of service taps
n
n
❑
Pump stations and capacity
n
n
n
If no, what percent is complete?
99
List any modifications and extensions that need to be added to the map
# Does the permittee have a copy of their permit?
Comment:
Monitoring and Rep_ rting__Requirements
Yes
No
NA
NE
Are copies of required press releases and distribution lists available?
n
n
®
n
Are public notices and proof of publication available?
n
n
[1
# Is an annual report being prepared in accordance with G.S. 143-215.1 C?
®
n
D
n
# Is permittee compliant with all compliance schedules in the permits?
®
n
n
n
If no, which one(s)?
NA
Comment:
LOST CORNER - 469 Lost Corner Road
Pump Station
Yes
No
NA
NE
Pump station type
Duplex
Are pump station logs available?
■
n
n
n
Is it accessible in all weather conditions?
®
n
n
Q
# Is general housekeeping acceptable?
®n
n
n
Are all pumps present?
®❑
n
n
Are all pumps operable?
®0
11
El
Are wet.wells free of excessive debris?
n
■
n
0
Are upstream manholes free of excessive debris/signs of overflow?
■
❑
n
❑
Page: 6

Permit: WQCS00028 Owner - Facility: City of Morganton
,aspection Date: 11/05/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Are floats/controls for pumps/alarms operable?
n
n
n
Is "auto polling" feature/SCADA present?
n
n
❑
Is "auto polling" feature/SCADA operational?
n
n
n
n
n
n
Is simple telemetry present?
Is simple telemetry operational?
❑
n
n
Are audio and visual alarms present?
n
n
n
Are audio and visual alarms operable?
❑
❑
El
Is the Pump station inspected as required?
n
0
n
Are backflow devices in place?
❑
n
n
Are backflow devices operable?
n
Are air relief valves in place?
❑
❑
n
n
n
n
Are air relief valves operable?
❑
a
n
n
# Is an emergency generator available?
Can the emergency generator run the pumps?
n
❑
®
n
Is the pump station equipped for quick hook-up?
n
❑
n
n
n
®
❑
Is the generator operable?
n
❑
®
n
# Is fuel in tank and sufficient?.
Is the generator inspected according to their schedule?
n
❑
®
n
Is a 24-hour notification sign posted?
®
n
❑
n
Does it include:
❑
n
n
Instructions for notification?
Pump station identifier?
®
n
n
n
Emergency phone number
®
❑
❑
Is public access limited?
Is pump station free of overflow piping?
®n
n
n
Is the pump station free of signs of overflow?
®n
n
❑
Are run times comparable for multiple pumps?
NE
Comment: Good station, much residential grease in wet well,
submersible pumps, no
emergency power generator quick connect.
Page: 7

ATE Michael F. Easley, Governor
William G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
Dwap
r-� Coleen H. Sullins, Director
to Division of Water Quality
Asheville
November 12, 2008
Mr. Michael G. Wade
Post Officer Box 2452
Cullowhee, North Carolina 28723
Subject: Permit No. WQ0033573
Rabbit Ridge Buildings # 10, 11 & 12
Wastewater Collection System Extension
Jackson County
Dear Mr. Wade:
In accordance with your application received on November 3, 2008, we are forwarding herewith
Permit No. WQ0033573, dated November 12, 2008, to you for the construction and operation of the
subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is incorporated therein by reference. Please
send Roy Davis a copy of the contractor's Notice to Proceed for this project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
Asheville Regional Office
2090 US Highway 70, Swannanoa, NC 28778
Internet www.ncwaterquality.org
Telephone [phone] Fax [phone]
DENR Customer Service Center
An Equal Opportunity Action Employer
Telephone [phone]
50% recycled/10% post -consumer paper

Michael G. Wade November 12, 2008 Page
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to you to construct and operate approximately 610 linear feet of 8-inch diameter gravity sewer
to serve Rabbit Ridge Buildings # 10, 11 & 12 and the discharge of 15,120 gallons per day of
additional domestic wastewater into Tuckaseigee Water& Sewer Authority's (TWSA) existing sewerage
system, pursuant to the application received on November 3, 2008 and in conformity with 15A NCAC
2T.0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit.
The sewage and wastewater collected by this system shall be treated in the TWSA Wastewater
Treatment Facility (Permit No. NC0039578) prior to being discharged into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 1506 of North.
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
for Cleen H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
Joe Cline, Tuckaseigee Water & Sewer Authority
ARO, Surface Water Protection (WWTF Permit No. NC0039578)
Victor Lofquist, PE
Surface Water Protection Section Central Files
PERCS Files
G:\WPDATA\DEMWQ\Jackson\TWASW #1 Collection System\WQ0033573-Michael Wade -Rabbit Ridge.doc

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
RAEDIT RIDGE BUILDINGS # 10, 11 & 12
JACKSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033573
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adoptedJune 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by
-215.1 C. North Carolina General Statute §143

4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer ,certifying that the facilities have. been installed in accordance with this
permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213.0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:

✓V00033573 Michael G. Wade, Rabbit Ridge Buildings # 10 11 & 12. Jackson Co.: November 12 2008
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 12th day of November, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
qc"4C r�
for tooen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033573
3

ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: 610 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
® supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resultingin non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I; as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

Mr. Joe Albright, City Manager
City of Brevard
95 West Main Street
Brevard, North Carolina 28712
Subject: Permit No. WQ0033578
City of Brevard
Advance Sewer Relocation
Wastewater Collection System Extension
Transylvania County
Dear Mr. Albright:
In accordance with your application received on October 31, 2008, we are forwarding herewith
- Permit No. WQ0033578 dated November 12, 2008, to the City of Brevard for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system -wide collection system permit issued to the Permittee. Please send Roy Davis a
copy of the Notice to Proceed issued to the contractor for this project.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fact -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
Asheville Regional Office
2090 US Highway 70, Swannanoa, NC 28778
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet www.ncwaterquality.org
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycled/10% post -consumer paper
NorthCarolina
Naturally

City of Brevard November 12, 2008
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Brevard to construct and operate approximately 142 linear feet of 8-inch diameter
gravity sewer to replace an existing sewer near the Advance Auto Store and the discharge of no
additional wastewater into the City's collection system, pursuant to the application received on October
31, 2008 and in conformity with 15A NCAC 2T.0305; the Division's Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated, in the City of Brevard's
Wastewater Treatment Facility (Permit No. NC0060534) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, INC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,w__,
P0--V C -c
for Coleen H. Sullins, Director
Division of Water Quality
cc: Transylvania County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0060534)
Michael R. Goforth, PE
Surface Water Protection Section Central Files
PERCS Files
G:\WPDATA\DEMWQ\Transylvania\Brevard Collection System\WQ0033578 Brevard- Advance Sewer
RElocation.doc

• : �Vs1:7r7
TRANSYLVANIA COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033573
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
` North Carolina General Statute §143-215.1 C.

4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T.0116; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617,
7. A copy of the construction record drawings shall be maintained on file by the. Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

YV00033578 City of Brevard Advance Sewer. Relocation Transylvania County November 12 2008
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control
Permit issued this the 12`h day of November, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Cot en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033578
3

System Description: approximately 142 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
® supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of
Pump_ Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina professional Engineer's
seal, signature, and date:
.....................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

Michael F. Easley, Governor
William G. Ross Jr,, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 12, 2008
Ric Ledford
Stormwater Services Division
City Hall, First Floor
Pe O: Box 7148
Asheville, NC 28802
Subject: Stream Identification Request
Dear Ric:
This letter provides the findings of the site visits conducted on November 3, 2008 where
DWQ staff accompanied you during the identification of surface water features utilizing the
standard Stream Identification Form. The results were as follows:
1. 166 West Haywood Road -- No stream was located on the subject property; however,
the neighboring property to the south, unless it is determined to be a leaking
underground water line, did exhibit an area of groundwater discharge.
2. 51 Maple Avenue — No stream was located on the subject property; however, the
drainage feature acts as a stormwater conveyance.
Please contact me if I can be of any further assistance.
Sincerely,
d
Chuck Cranford
Environmental Specialist
Surface Water Protection
One
NorthCarolina
Naturally
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

Michael F. Easley, Governor
William G. Ross Jr., Secretary
(� North Carolina Department of Environment and Natural Resources
a-1
P Coleen H. Sullins, Director C
�Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gregory A. Ward
Trillium Links & Village LLC
P.O. Box 2644
Cashiers, North Carolina 28717
Dear Mr. Ward:
November 12, 2008
7007 1490 0004 0798 8787
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0532
Permit No. NCO059200
Trillium Links & Village LLC WWTP
Jackson County
A review of Trillium Links & Village LLC's monitoring report for July 2008 showed the following violation:
Parameter — Date Limit Value -- Reported Value Limit Type
BOD, 5-Day (20 Deg. C) 07/22/08 7.5 mg/1 10.9 rng/I Daily Maximum .
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell
The Division of Water Quality may pursue enforcement actions.for this and any additional violations of State law.
If you should have any questions; please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Y`"etceG
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
RPB Systems/ ORC
G:\WPDATA\DEMWQ\Jackson\59200 Trillium Links\NOV-2008-LV-0532.59200.doc NorthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatergualit .or FAX [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
t7 Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 12, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8770
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0531
Permit No. NCO086436
Cane Creek Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Cane Creek Elementary School's monitoring report for August 2008 showed the following
violation:
Parameter. Date Limit Value Reported Value Limit Type
Solids, Total Suspended 08/12/08 45 mg/I 46.7 mg/I Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State
law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
RPB Systems/ ORC
G:\WPDATA\DEMWQ\Buncombe\86436 Cane Creek\NOV-2008-LV-0531.86436.doc
NorthCarolina
Nat"aliy
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]
Customer Service
1-877-623-6748.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 12, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8763
Mr. George W. Ware, Owner
High Country Home Care Inc.
P.O. Box 658
Newland, North Carolina 28657
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO060224
High Country Home Care Inc.
Jonas Ridge Adult Care Facility W WTP
Case No. LV-2008-0413
Burke County
Dear Mr. Ware:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $165.00
($100.00 civil penalty + $65.00 enforcement costs) against High Country Home Care Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by High Country Home Care Inc. for the month of July 2008.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0060224. The violations which occurred in
July 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that High Country Home Care Inc.
violated the terms, conditions or requirements of NPDES Permit NCO060224 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality,l, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against High Country Home Care Inc.:
NorthCarolina
,Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit
$100.00 NC0060224, by discharging waste water into the waters of the S
in violation of the Permit Daily Maximum limit for NH3-N.
$100.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$165,00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

No
3. File a petition for an administrative hearing with the Office of Administrative
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
"Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ Enforcement Files w/ attachments
Water Quality Lab & Operations/ ORC w/ attachments
GAWPDATA\DGMWQ\Burke\60224 Jonas Ridge\I.V-2008-0413.60224.doe

JUSTIFICATION FOR REMISSION REQUEST
4 Case Number: LV-2008-0413 County: Burke
_,sessed Party: High Country Home Care Inc./ Jonas Ridge N. H. WWTP
Permit No.: NC0060224 Amount Assessed: $165.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of'Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e„ explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRG.
AND NATURAL RESOURCE.
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT
) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HIGH COUNTRY HOME, CARE INC)
)
JONAS RIDGE NURSING HOME WWTP
1
PERMIT NO. NCO060224 ) FILE NO. LV-2008-0413
Having been assessed civil penalties totaling $165.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 12, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the .assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
High Country Home Care Inc
CASE NUMBER: LV-2008-0413
PERMIT: NCO060224 FACILITY: Jonas Ridge Adult Care Facility COUNTY: Burke REGION: Asheville
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$.00 7-2008 001 Effluent NH3-N 07/07/08 Weekly mg/I 10 10.4 4.00 Daily Maximum Exceeded
$100,00 7-2008 001 Effluent NH3-N 07/21/08 Weekly mg/I 10 13.6 36.00 Daily Maximum Exceeded

Permit Enforcement History by Owner
Owner: High Country Home Care Inc
Facility: Jonas Ridge Adult Care Facility
Permit: NCO060224
Region: Asheville County: Burke
11 /07/08
1
Penalty
Remission Enf EMC
EMC OAH Collection
Has
Assessment Penalty Enforcemen
Request Enf Conf Remission Hearing
Remission Remission Memo Sent
Pmt
Case
Case Number MR
Approved Amount t Costs
Damages Received Held Amount Held
Amount Amount to AGO Total Paid
Balance Due
Plan
Closed
WQ-1994-0007
10/06/94 $1,850.00 $275,68
$.00 12/28/94 04/05/95 $925,00
$.00 $1,200.68
$.00
No
10/03/95
WQ-2000-0007
09/18/00 $2,000.00 $312.47
$2,312.47
$.00
No
03/15/01
LV-2008-0259 4-2008
07/29/08 $250.00 $65.00
$315.00
$.00
No
08/06/08
LV-2008-0413 7-2008
11/07/08 $100.00 $65.00
$165.00
No
Total Cases: 4
$4,200.00 $718.15
$3,828.15
$165.00
Total Penalties:
$4,918.15
Total Penalties after remission(s):
$3,993.16

Michael F. Easley, Governor
William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
Pr Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 12, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8756
Mr. George W. Ware, Owner
High Country Home Care Inc.
P.O. Box 658
Newland, North Carolina 28657
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0530
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. Ware:
A review of Jonas Ridge Adult Care Facility's monitoring report for August 2008 showed the following
violation:
Date
Limit Value
Reported Value
Limit Type
Parameter
Coliform, Fecal MF, M-FC
08/20/08
400 #/100m1
2,300 #/100m1
Daily Maximum
Broth,44.5C
Exceeded
Remedial actions, if not already implemented, should be taken to. correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500,
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
_ Bob Guerra/ DWQ Enforcement Files
Water Quality Lab & Operations/ ORC
G:\WPDATA\DEMWQ\Burke\60224 Jonas Ridge\NOV-2008-LV-0530.60224.doc NorthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
.
North Carolina Department of Environment and Natural Resources
r
Coleen H. Sullins, Director
- i
.C.
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 12, 2008
CERTIFIED MAIL
RETURN RECEIPT REQL SITED 7007 1490 0004 0798 8794
Mr. Carl Daniel
Carolina Water Service Inc. Of NC
P.O. Box 240908
Charlotte, North Carolina 282240908
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC007643I
Carolina Water Service Inc. Of NC
Wolf Laurel WWTP
Case No. LV-2008-0414
Madison County
Dear Mr. Daniel:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $315.00
($250.00 civil penalty + $65.00 enforcement costs) against Carolina Water Service Inc. Of NC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Carolina Water Service Inc. Of NC for the month of July
2008. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NCO076431. The violations which
occurred in July 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc. Of NC
violated the terms, conditions or requirements of NPDES Permit NCO076431 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Carolina Water Service Inc. Of NC:
NorthCarolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

I of the l violations of G.S. 143-215.1(a)(6) and NPDES Permit,
$250.00 NC0076431, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N.
$250,00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$315.00 TOTAL AMOUNT ll17E
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S..143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality-,
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not, include viwh.,er./brm), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department ofInvironment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact ,lanct Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500,
Sincerely,
Roger'. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office.
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ I:;nforcement Files w/ attachments
Rex Woody/ ORC w/ attachments
GAW`PDATA\DEMWQ\Madison\76431 Wolf Laurel WWTKI.v-2008-0414.7643 Ldoc

JUSTIFICATION FOR REMISSION REQUEST
o Case Number: LV-2008-0414 County: Madison
.9ssessed Party: Carolina Water Service Inca of NO Wolf Laurel WWTP
Permit No.: NC0076431 Amount Assessed: $315.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver o f Right to an Administrative Hearing and ,SIipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware than a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure i6r contesting whether the violation(s) occurred or
the accuracy of any of the i-actual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14 313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14 313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent.future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penallY will prevent you from per;lbrrning the activities
necessary to achieve compliance).
EXPLANATION:

--------------
STATE OF NORTH CAROL,INA DEPARTMENT OF ENVIRON'r,,
AND NATURAI. RESOURCES-,
COUNTY OF MADISON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN �\
OF CIVIL PENALTIES AGAINST' ) ADMINSTRATIVE NEARING AND
STIPULATION OF FACTS
CAROLINA WATER SFRVICL? INC. OF NC )
WOLF LAUREL WWTP )
PERMIT NO. NCO076431 . ) FILE NO. LV-2008-0414
Having been assessed civil penalties totaling $315.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 12, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the. receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

J
ATTACHMENT A
Carolina Water Service Inc Of INC
CASE NUMBER: LV-2008-0414
PERMIT: NCO076431 FACILITY: Wolf Laurel WWTP COUNTY: Madison REGION: Asheville
Limit Violations
MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 7-2008 001 Effluent NH3-N 07!31108 Weekly mg/I 2.3 6.24 171.30 Monthly Average Exceeded

Michael F. Easley, Governor
G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
LS=i
Coleen H. Sullins, Director
Division of Water Quality
November 13, 2008
Jan Gay
Environmental Sciences, Inc:
1456 Patton Avenue, Suite C
Asheville, NC 28806
Subject: Stream Determination
Progress Energy, Enka Substation
PIN Number: 961720803265
Buncombe County
Dear Mr. Gay:
The Division of Water Quality has performed a surface water determination on the property
identified as PIN number 961720803265 located south` of Sardis Road in West Asheville.
The Buncombe Counties Geographic Information System indicates water features located
within this property. The following is provided for your information:
• The drainage feature, shown as a stream on the GIS layer, originates below the
power lines crossing the south side of the property as shown in the 'submitted
delineation map (Figure S1) (Please see attached).
I hope this helps in your determinations on the subject property. Should you have any
questions in this matter, please do not hesitate to contact me at 828-296-4500.
Since ly,
evin Barnett, Environmental Specialist
Surface Water Protection Section
Division of Water Quality
cc: Progress Energy
555 Brevard Road
Asheville, NC 28806
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Internet: www.,ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Buncombe\401 s\ProgressEnergy.EnkaSubstation.Stream CaII.AsheviIle. doc
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
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Naturally
Customer Service
1-877-623-6748

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Michael F. Easley, Governor
^RQWilliam G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
-- - - —Division of Water Quality -
November 13, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8862
Mr. H. Carson Fisher, P.E., County Engineer
Burke County
Post Office Box 1486
Morganton, North Carolina 28680
Subject: NOTICE OF VIOLATION
Permit No. WQCS00324
Burke County General Services
Burke County Collection System
Burke County
Dear Mr. Fisher:
A review has been conducted of the Burke County General Services Collection System
self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the
subject facility to be in violation of the requirements found in the Burke County General
Services' Collection System Permit (WQCS00324) and/or G.S. 143-215.1(a)(1). The
violation is summarized below:
NOV#
Violation
Location
Cause
Volume
Date
NOV-2008-DV-0401
09/18/2008
Indian Hills Pump
Pump
4-5,000
Station
Station
gallons
Failure
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incident. Remedial action should include identification of the cause of the SSOs and
implementation of all measures necessary to prevent recurrence. We would be
interested in knowing what action you have.taken to reduce the possibility of pump
station floats becoming entangled.
None hCarolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service vatura!!y
Internet: wwwncwaterquality.org FAX [phone]

Carson Fisher November 13, 2008 Page 2
If you have any question regarding this NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at
828-296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Central Files
Roy Davis
G:\WPDATA\DEMWQ\Burke\Burke County Collection System\NOV-2008-DV-0401.doc

Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
I Ion
Coleen H. Sullins; Director
Division of Water Quality
November 13, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70071490 0004 0798 8817
Mr. Boyce T. Greene, Jr
AAA Greene Brothers Well Drilling
1800 Skyland Drive
Sylva, North Carolina 28779
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8824
Don Burnette
Balsam Mountain Preserve, L.P.
38 Church Street
Waynesville, North Carolina 28786
Subject: Notice of Violation
NOV-2008-WQ-0093
Un-permitted Discharge
Balsam Mountain Preserve Site
Jackson County
Dear Mr. Greene and Mr. Burnette:
In response to a complaint of materials (appearing to be cement) in Sugarloaf Creek and
its receiving stream (Scott Creek), the Division of Water Quality discovered that AAA
Greene Brothers Well Drilling Company had made a discharge of drilling mud and cuttings
into Sugarloaf Creek. By contacting the site manager for Balsam Mountain Preserve, this
agency was able to determine that AAA Greene Brothers had performed drilling activities
on -site during the .time in question. Flow from the drilling operation conveyed mud and
cuttings (gray in color) into Sugarloaf Creek (classified "C" waters). The volume of gray
cuttings and mud indicated that the subject drilling operation would have violated the
stream standard for turbidity (muddiness, cloudiness).
NO rth Carolina
�a�urally
North Carolina Division of Water Quality 2090 U.S. Highway70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www-mwaterquality,org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Rocycled110% Post Consumer Paper

AAA Greene Bros. Well Drilling of Sylva
Page 2.
November 13, 2008
State Law found ,at Section 143-215.1 of the General Statutes of North Carolina expressly
prohibits discharges (of mud and cuttings) resulting in violations of water quality standards.
Additionally, the General Statutes provide enforcement procedures that may be
implemented against anyone who violates the referenced section of law. Care should be
exercised to prevent discharge of mud and cuttings to streams, as the volume from most
drilling operations would likely result in turbidity violations subjecting the driller to
enforcement proceedings. You are requested to submit a management plan, for drilling
activities within this development, such that no discharge of wastes shall reach surface
waters.
Please be advised that future documented violations of water quality standards will result
in a, recommendation from this office for enforcement proceedings. Your attention is
appreciated. If there are questions, please contact Kevin Barnett at telephone number
828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section �-
Xc: John Hennessy, Non -Point Source Compliance Unit
Well Drillers Certification Commission
Aquifer Protection Section
File: AAAGreeneBrosWellDrilling. NOV2008WQ0093.doc

�9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
■ I ■ ►1 ram- North Carolina Department of Environment and Natural Resources
.� Coleen H. Sullins, Director
Division of Water Quality
SUFACE WATER PROTECTION
November 13, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8800
Mr. Rex Meadows
Clear Water Well Drilling
547 Upper Shut -In Road
Hot Springs, North Carolina 28743
Subject: Notice of Violation
NOV-2008-WQ-0094
Un-permitted Discharge
Shelton Commercial Site
Jackson County, NC
Dear Mr. Meadows:
In response to a complaint of materials (appearing to be cement) in an Unnamed Tributary
and its receiving stream Scott Creek, the Jackson County Erosion Control Office documented that
Clear Water Well Drilling Company had made a discharge of drilling mud and cuttings into an
Unnamed Tributary and Scott Creek. The County representative observed a Clear Water Well
Drilling rig parked in the Shelton Commercial Development. Flow from the drilling operation
conveyed mud and cuttings (gray in color) into an Unnamed Tributary and Scott Creek, which are
classified "trout" waters. The volume of gray cuttings and mud documented indicated that the
subject drilling operation would have violated the trout -water standard for turbidity (muddiness,
cloudiness).
State Law found at Section '143-215.1 of the General Statutes of North Carolina expressly
prohibits discharges (of mud and cuttings) resulting in violations of water quality standards.
Additionally, the General Statutes provide enforcement procedures that may be implemented
against anyone who violates the referenced section of law. Care should be exercised to prevent
discharge of mud and cuttings to streams, as the volume from most drilling operations would likely
result in turbidity violations subjecting the driller to enforcement proceedings.
Please be advised that future documented violations of water quality standards will result in
a recommendation from this office for enforcement proceedings. Your attention is appreciated. If
there are questions, please contact Linda Wiggs at telephone number 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Jackson County Erosion Control
Well Drillers Certification Commission Northcarolina
Aquifer Protection Section Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Jackson\Complaints - Misc\clearwaterwelldrillingNOV.doc
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-�
Coleen H. Sullins, Director
Division of Water Quality
November 14, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 70071490 0004 0798 8879
Ben LaFrombois
Ingles Markets, Inc.
Post Office Box 6676
Asheville, NC 28816
Subject: Additional Information Request
Ingles Distribution Center
DWQ Project # 08-1249
Buncombe County
Response Deadline: December 15, 2008 or 30 days from receipt
Dear Mr. LaFrombois:
On October 1, 2008, the Division of Water Quality (DWQ) received the enhancement plan information
requested during the initial review of your application for the Ingles Distribution Center project located
near Black Mountain, NC. Following a site visit and further review of the application packet, the DWQ
will require additional information in order to continue processing your application to impact protected
wetlands and/or streams on the subject property.
Until we receive the additional information requested below, the project will be placed in an "on hold"
status. If we do not receive the requested information by the response deadline noted above, your project
will be formally returned as incomplete. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide adequate justification for the stream
and wetland impacts as requested within this section. Specifically, permanent Impact 1 and
Impact 2 along the northern portion of the loop road.
Per your application:
"Because the property is long and narrow, there are few options for the road."
It was noted in Section III Project Information:
"Employees will utilize the northern portion of the loop road, while large cargo
trucks ... will utilize the southern portion ... For safety reasons, Ingles has chosen to
separate employee and commercial traffic.
NorthCarolina
, �%atut GIlly
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% Recycledl10% Post Consumer Paper

Ben LaFrombois
November 14, 2008
Page 2 of 2
Currently, an access road from US Highway 70 to the proposed employee parking located at the
eastern end of the property exists, which might alleviate the need to construct the northern loop
road and eliminate Impact I and Impact 2.
Also, considering that the northern and southern portions of the loop road are interconnected, it is
unclear how separation of employee and commercial traffic will be maintained —the primary
justification for the impacts under discussion.
Please address the above items in your response.
Please respond in writing by December 15, 2008 or within 30 days of receipt of this letter by sending a
copy of the requested information to both the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail. Service Center
Raleigh, NC 27699-1650
and to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If you will not be able to provide the requested information within the specified timeframe, please provide
written confirmation that you intend to provide the requested information including a delivery timetable.
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project
and we will consider the project as returned.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chuck Cranford at 828-296-4500 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Asheville Regional Office
USACE Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
County Planning
Central Files
G:\WPDATA\DEMWQ\B uncombe\401 s\inglesDistCenter_08.1249\Add Info_ I 1-13-08.doc

Michael F. Easley, Governor
Q� William G. Ross Jr., Secretary
)7
North Carolina Department of Environment and Natural Resources
4A a-:;
Coleen H. Sullins Director
Division of Water Quality
November 14, 2008
DWQ Project # 08-1618
Clay County
Joseph H. and Rebecca J. Noble
8700 Ridgewood Avenue
5-305
Cape Canaveral, Florida 32920
Subject Property: Noble Property
Lake Chatuge
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. Noble:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact open waters of the state by dredging up to
120 cubic yards of soils at the subject property to facilitate boat access, as described
within your application received by the N.C. Division of Water Quality (DWQ) on
October 30, 2008. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3693 (GC3693). The
Certification(s) allows you to use Permit(s) GP30 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, ` Non -discharge; and buffer
regulations. Also, this ,approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\C LA Y\401 s\08-1618. Noble. Approval. doc
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Nobl
r
Amount
Plan Location or Reference
Approved (Units)
Cove
No More Than
A
120 Cubic Yards
2. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
3. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non -erosive velocities through the protected stream buffers
such that it will not re -concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
4. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre -
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
5. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written. petition, which conforms to Chapter 150B of the North Carolina General

Noble Dredging Project
Page 3 of 3
November 14, 2008
ites to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
-C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. if you have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional. Office at either Kevin,[e-mail] or at 828-296-4657.
Sincerely,
14
1 Coleen H. Sullins, Director
Division of Water Quality
C H Slkhb
Enclosures: GC 3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 08-1618. Noble.Approval

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Brian L Tripp, P.E.
W.K. Dickson
401 4th Street, SW
Suite 201
Hickory, North Carolina 28602
Dear Mr. Tripp:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 14, 2008
70071490 0004 0798 8831
Subject: Check Return
Town of Hot Springs
Madison County
Attached herewith is your check number 54592 in the amount of $480 made out to
NC DENR submitted by W.K. Dickson as a part of the Town of Hot Spring's Fast -Track
Application seeking permission to construct sewer system improvements to serve the
Town. The Town's Application was accompanied by the proper check making your check
unnecessary.
Sincerely,
Roy M. Davis
Environmental Engineer
N
cc: Mr. Johnny Norton, Mayor, Town of Hot Springs
G:\WPDATA\DEMWQ\Madison\Hot Springs Collection System\Hot Springs -Check Return.doc Noe
hcarolina
Nawmilry
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Internet: www,ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

SETTER OF TRANSMITTAL FkWKWDICKSON
community infrastructure consultants
401 41h Street, SW, Suite 201 Hickory, North Carolina 28602 828.327.6911 tel. [phone] fax
TO: G As6wv,lIe, DATE: )Ilq joW
Q US % 70
Symnop.Apq, eJYC W776 RE: ® C, n1 s Seiser
ATTENTION:
ifcophi — TQ�
We are sending via: Overnight ❑ Regular Mail ❑ Pick-up ❑ Hand Delivered
The following items: ❑ Correspondence ❑ Plans ❑ Specifications ❑ Other as listed below:
COPIES
DATE
NO.
DESCRIPTIO .
y T�Y
n
/ {t�rx
f•
Azuz
THESE ARE TRANSMITTED as checked below: lv
❑ For Approval ❑ As Requested ❑ Approved a'sSubm ed Returned for Corrections
�RfFor Your Use ❑ For Review and Comment ❑ Approved as Noted... ❑ ,FArward to Subcontractor
REMARKS:
COPY TO: SIGNED: ri an 1 1

W.K. DICKSON & CO., INC.
54592
Invoice Number
Date
Voucher
Amount
Discounts
Previous Pay
Net Amount
Sewer permit
10/27/08
10089382
480.00
I 0.00
0.00
480.00
NC DENR"
2 1 0000002509 Totals
4$0 00
_ 0.00
0.00
480.00

Michael F. Easley, Governor
�GWilliam G. Ross Jr., Secretary
tom-- North Carolina Department of Environment and Natural Resources
'.i
Coleen H. Sullins, Director
Division of Water Quality
November 14, 2008
Cherokee County
DWQ Project No. 080829V.2
NCSR 1321 (Gibson Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions -Modification
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval; in accordance with the attached conditions and those listed below, for the following impacts in
Little Shoal Creek and in an unnamed tributary to Little Shoal Creek, for the purpose of making improvements and
widening NCSR 1321 (Gibson Road) in Cherokee County:
Stream Impacts in the Hiwassee River Basin
Site
Permanent
Stream Channel
Permanent Fill in
Temporary
Total Stream
Stream
Fill in
Relocation
Perennial Stream
Dewatering in
Impact
Impacts
Intermittent
(linear ft)
(linear ft)
Perennial Stream
(linear ft)
Requiring
Stream (linear
(linear ft)
Mitigation
ft)
(linear ft)
Original
0
0
15
65
80
0
approved
impacts at
Station
18+30
Additional
0
60
0
85
145
0
Impacts
with this
approval
at Sta.
31+50 to
32+00
Total
0
60
15
150
225
0
Total Stream Permanent Impact for Project: 75 linear feet. Total Temporary Impacts for Project: 150 linear feet.
There is a net loss of 25 linear feet of stream at Station 31+50 to 32+00 due to stream relocation.
The project should be constructed in accordance with your application dated November 6, 2008 (received November 12,
2008), including the environmental commitments made in the application letter. After reviewing your application,we
have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations.
None hCarolina
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

Mr. J. B. Setzer, P.E.
November 14, 2008
Page Two
This approval is valid solely for the purpose and design that you submitted in your application dated November 6,
2008 received November 12, 2008. All authorized activities and conditions of certification associated with the
original Water Quality Certification dated June 2, 2008, still apply except as superceded by this certification. Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams
(now or in the future) exceed150 linear feet, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. All other conditions written into the previous Water Quality Certification dated June 2, 2008, for this project still
apply.
2. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting
water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire
growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include
establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber matting and seedling
establishment is allowable. Also, riprap may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to determine the extent of
riprap coverage requested.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted �~\`
with the application.
4. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on -site project manager.
5. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
6. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
7. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate
of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of
the Federal 404 and or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the
404 or CAMA Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

.-.E.
52008
nis letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
"I �zl-
ilkColeen H. Sullins, Director
Division of Water Quality
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
David Baker, USAGE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
080829V.2 (Setzer) NCSR 1321 (Gibson Road)

Michael F. Easley, Governor
G' William G. Ross Jr., Secretary
"I
North Carolina Department of Environment and Natural Resources
Colleen H. Sullins, Director
Division of Water Quality
November 14, 2008
Cherokee County
DWQ Project No, 080829V.2
NCSR 1321 (Gibson Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions -Modification
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
Little Shoal Creek and in an unnamed tributary to Little Shoal Creek, for the purpose of making improvements and
widening NCSR 1321 (Gibson Road) in Cherokee County:
Stream Impacts in the Hiwassee River Basin
Site
Permanent
Stream Channel
Permanent Fill in
Temporary
Total Stream
Stream
Fill in
Relocation
Perennial Stream-
Dewatering in
Impact
Impacts
Intermittent
(linear ft)
(linear ft)
Perennial Stream
(linear ft)
Requiring
Stream (linear
(linear ft)
Mitigation
ft)
(linear ft
Original
0
0
15
65
80
0 .
approved
impacts at
Station
18+30
Additional
0
60
0'
85
145
0
Impacts
with this
approval
at Sta.
31+50 to
32+00
Total
0 1
60
15
150
225
0
Total Stream Permanent Impact for Project: 75 linear feet. Total Temporary Impacts for Project: 150 linear feet.
There is a net loss of 25 linear feet of stream at Station 31+50 to 32+00 due to stream relocation.
The project should be constructed in accordance with your application dated November 6, 2008 (received November 12,
2008), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14, In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations.
NorthCarolina
NaA orally
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

Mr. J. B. Setzer, P.E.
November 14, 2008
Page Two
1
F)
3.
4.
5.
6.
7.
This approval is valid solely for the purpose and design that you submitted in your application dated November 6,
2008 received November 12, 2008. All authorized activities and conditions of certification associated with the
original Water Quality Certification dated June 2, 2008, still apply except as superceded by this certification. Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams
(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
All other conditions written into the previous Water Quality Certification dated June 2, 2008, for this project still
apply.
All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting
water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire
growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include
establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber matting and seedling
establishment is allowable. Also, riprap may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to determine the extent of
riprap coverage requested.
The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
with the application.
A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on -site project manager.
The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate
of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of
the Federal 404 and or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the
404 or CAMA Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

J.E.
, 2008
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
?IlkColeen H. Sullins, Director
Division of Water Quality
cc: Mark Davis, Division 14, DE0
Ed Ingle, Roadside Environmental
David Baker, USAGE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
080829V.2 (Setzer) NCSR 1321 (Gibson Road)

Michael F. Easley, Governor
QWilliam G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
/ Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
November 14, 2008
Mr. Joe Cline, Executive Director
Tuckaseigee Water & Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
Subject: Tuckaseigee Water &Sewer Authority
Compliance Evaluation Inspection
Permit No. WQCS00108
Wastewater Collection System
Jackson County
Dear Mr. Cline:
Attached is the report resulting from the Tuckaseigee Water & Sewer Authority
(TWSA) Collection System Permit Compliance Evaluation Inspection which I conducted on
November 12, 2008. TWSA is doing a fine job of maintaining and operating its wastewater
collection system and keeping the required records. Please extend my appreciation to the staff
and the Board.
am please to hear that TWSA will be taking over the wastewater collection and
treatment system built by the Whittier Sanitary District. The entire collection system was built
under the provisions of one permit; that being WQ0029802. When TWSA has actually taken over
the collection system please return the attached Ownership Change Form to the Asheville
Regional Office; to my attention.
Please give me a call when the staff is up to speed in terms of using the new GIS
collection system map and I will come over and they can give me a demonstration. Anytime you
need to discuss matters relating to the system, please do not hesitate to call me at 828-296-
4659.
Sincerely
Roy M. Davis
Environmental Engineer
cc: Bobby Mills, TWSA, CSORC
Surface Water Protection Section Central Files
PERCS Files
GAWPDATA\DEMWQ\Jackson\TWASW #1 Collection System\TWSA Inspection Cover Letter.08-2.doc
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 North Carolina

Compliance Inspection Report
ermit:,WQCS00108 Effective: 04/30/04 Expiration: 03/31/09 Owner: Tuckaseigee Water & Sewer Authority
SOC: Effective: Expiration: Facility: Tuckaseigee Collection System
County: Jackson PO Box 1051
Region: Asheville
Sylva NC 28779
Contact Person: Joe Cline Title: Executive Director Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
NCO020214 Tuckaseigee Water & Sewer Authority - Sylva WWTP
NCO039578 Tuckaseigee Water & Sewer Authority - Jackson County WWTP
Inspection Date: 11/12/2008 Entry Time: 09:00 AM Exit Time: 12:30 PM
Primary Inspector: Roy M Davis Phone: [phone]
SecondaryIns ector s : Ext.4659
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type:- Collection system management and operation
Facility Status: ■ Compliant Q Not Compliant
Question Areas:
■ Miscellaneous Questions Performance Standards ® Operation & Maint Reqmts ® Records
■ Monitoring & Rpting ® Inspections ® Pump Station ® Manhole
Reqmts
Lines
(See attachment summary)
Page: 1

Permit: WQCS00108 Owner - Facility: Tuckaseigee Water & Sewer Authority
Inspection Dater 11/12/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Tuckaseigee Water and Sewer Authority is doing a good job of operating and maintaining its collection system and
keeping the attendent records.
Page: 2

Permit: WQCS00108 Owner - Facility: Tuckaseigee Water & Sewer Authority
,ispection Date: 11/12/2008 ' Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Performance Standards
Yes No NA
NE
Is Public Education Program for grease established and documented?
■ ❑ ❑
❑
What educational tools are used?
Inserts in water/sewer bills, door hangings and radio interviews.
Is Sewer Use Ordinance/Legal Authority available?
❑ ❑
❑
Does it appear that the Sewer Use Ordinance is enforced?
■ ❑ ❑
❑
Is Grease Trap Ordinance available?
■ ❑ ❑
❑
Is Septic Tank Ordinance available (as applicable, i.e. annexation)
■ ❑ ❑
❑
List enforcement actions by permittee, if any, in the last 12 months
China Dragon
Has an acceptable Capital Improvement Plan (CIP) been implemented?
■ ❑ ❑
❑
Does CIP address short term needs and long term \"master plan\" concepts?
■ ❑ ❑
❑
Does CIP cover three to five year period?
®❑ ❑
❑
Does CIP include Goal Statement?
■ ❑ ❑
❑
Does CIP include description of project area?
■ ❑ ❑
❑
Does CIP include description of existing facilities?
■ ❑ ❑
❑
Does CIP include known deficiencies?
®❑ ❑
❑
Does CIP include forecasted future needs?
■ ❑ ❑
❑
Is CIP designated only for wastewater collection and treatment?
■ ❑ ❑
❑
Approximate capital improvement budget for collection system?
$1,878,400.00
Total annual revenue for wastewater collection and treatment?
$1,561,480.00
CIP Comments
Is system free of known points of bypass?
■ ❑ ❑
❑
If no, describe type of bypass and location
NA
Is a 24-hour notification sign posted at ALL pump stations?
■ ❑ ❑
❑
# Does the sign include:
Instructions for notification?
■ ❑ ❑
❑
Pump station identifier?
■ ❑ 110
24-hour contact numbers
■ ❑ ❑
❑
If no, list deficient pump stations
None
Page: 3

-- Permit: WQCS00108 -Owner-facility: Tuckaseigee Water& Sewer Authority
Inspection Date: 11/12/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
# Do ALL pump stations have an "auto polling" feature/SCADA?
Cl ■
❑
rl
Number of pump stations
17
Number of pump stations that have SCADA
Number of pump stations that have simple telemetry
17
Number of pump stations that have only audible and visual alarms
Number of pump stations that do not meet permit requirements
0
# Does the permittee have a root control program?
❑ ■
❑
❑
# If yes, date implemented?
Describe:
NA
Comment:
Inspections
Yes No
NA
NE
Are maintenance records for sewer lines available?
■ ❑
❑
Are records available that document pump station inspections?
®❑
❑
❑
Are SCADA or telemetry equipped pump stations inspected at least once a week?
■ ❑
❑
❑
Are non-SCADA/telemetry equipped pump stations inspected every day?
❑ ❑
■
❑
Are records available that document citizen complaints?
■ ❑
❑
❑
# Do you have a system to conduct an annual observation of entire system?
■ ❑
❑
❑
# Has there been an observation of remote areas in the last year?
■ ❑
❑
❑
Are records available that document inspections of high -priority lines?
■ ❑
❑
Cl
Has there been visual inspections of high -priority lines in last six months?
■ ❑
❑
❑
Comment:
Operation & Maintenance Requirements
Yes No
NA
NE
Are all log books available?
■ ❑
❑
❑
Does supervisor review all log books on a regular basis?
■ ❑
❑
❑
Does the supervisor have plans to address documented short-term problem areas?
■ ❑
❑
❑
What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas?
As needed
Are maintenance records for equipment available?
■ ❑
❑
❑
Is a schedule maintained for testing emergency/standby equipment?
■ ❑
❑
❑
What is the schedule for testing emergency/standby equipment?
Generators
-weekly.
Page: 4

-- Permit: WQCS00108 - Owner - Facility: Tuckaseigee Water& Sewer Authority
.11spection Date: 11/12/2008 Inspection Type: Compliance Evaluation
Reason for Visit; Routine
Do pump station logs include:
Inside and outside cleaning and debris removal?
■
❑
❑
❑
Inspecting and exercising all valves?
011011
Inspecting and lubricating pumps and other equipment?
®❑
Cl
❑
Inspecting alarms, telemetry and auxiliary equipment?
❑
❑
Q
Is there at least one spare pump for each pump station w/o pump reliability?
❑
❑
■
❑
Are maintenance records for right-of-ways available?
■
❑.
❑
❑
Are right-of-ways currently accessible in the event of an emergency?
®❑
❑
❑
Are system cleaning records available?
®❑
❑
❑
Has at least 10% of system been cleaned annually?
■
❑
❑
❑
What areas are scheduled for cleaning in the next 12 months?
Is a Spill Response Action Plan available?
■
❑
❑
❑
Does the plan include:
24-hour contact numbers
Response time
Equipment list and spare parts inventory
Access to cleaning equipment
Access to construction crews, contractors, and/or engineers
Source of emergency funds
Site sanitation and cleanup materials
Post-overflow/spill assessment
Is a Spill Response Action Plan available for all personnel?
Is the spare parts inventory adequate?
Comment:
Are adequate records of all SSOs, spills and complaints available?
Are records of SSOs that are under the reportable threshold available?
Do spill records indicate repeated overflows (2 or more in 12 months) at same location?
If yes, is there a corrective action plan?
Is a map of the system available?
■
❑
❑
❑
■❑❑❑
■
❑
❑
❑
■
❑
❑
❑
■o❑❑
❑O❑■
■❑❑❑
■
❑
❑
Q
■
❑
❑
❑
■
❑
❑
❑
■
❑
Cl
❑
❑❑■❑
❑
■
❑
❑
❑
❑
■
❑
■
❑
❑
❑
Page: 5

Permit: WQCS00108 Owner- Facility: Tuckaseigee Water& Sewer Authority
Inspection Date: 11/12/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Does the map include:
Pipe sizes
❑
❑
0 M
Pipe materials
❑
❑
❑ ■
Pipe location
❑
❑
❑ ■
Flow direction
❑
❑
❑ ■
Approximate pipe age
0
❑
❑ ■
Number of service taps
❑
❑
❑ ■
Pump stations and capacity
❑
❑
❑ ■
If no, what percent is complete?
List any modifications and extensions that need to be added to the map
Staff needs to learn how to use GIS map.
# Does the permittee have a copy of their permit?
■
❑
❑ ❑
Comment:
Monitoring and Reporting Requirements
Yes
No
NA NE
Are copies of required press releases and distribution lists available?
■
❑
❑ ❑
Are public notices and proof of publication available?
■
❑
❑ ❑
# Is an annual report being prepared in accordance with G.S. 143-215. 1 C?
■
❑
❑ ❑
# Is permittee compliant with all compliance schedules in the permits?
■
❑
❑ ❑
If no, which one(s)?
NA
Comment:
Page: 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
November 14, 2008
CERTIFIED MAIL
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RETURN RECEIPT REQUESTED
7007 1490 0004 0798 8848
7007 1490 0004 0798 8855
Mr. David Haight
Mr. David Haight
Mountain High, LLC
Mountain High, LLC
PO Box 90
4670 Owl Creek Rd
Blue Ridge, GA 30513
Murphy, NC 28906
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Mountain High
DWQ Tracking Number: NCR001222
NOV-2008-PC-0699
Construction Stormwater Permit NCG010000
- . Stream Standard Violation - Other Waste
(In -stream sediment)
Cherokee County
Dear Mr. Haight:
On September 11, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for Mountain High along Loki Lane in Cherokee
County. No site representatives were present.
Construction Stormwater Permit NCGO10000, and stream standards violations were noted during
the inspection and file review. Sediment impacts to Unnamed Tributary to North Potato Creek,
Classification C were documented constituting permit, and standard violations. Greater than 1,000
feet of stream was impacted with sediment impacts from your property as a result of lacking or
failed erosion control measures. Division of Land Resources has not issued an Erosion and
Sedimentation Control Plan for the land disturbance off Loki Lane. It is required that you contact
the Division of Land Resources. This contact is necessary to ensure that you are in compliance
with the Sedimentation Pollution Control Act.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Cherokee\Stormwater Construction NCG01\MtnHigh-NCR001222\nov-2008-pc-0699(resend).doc
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
One
No hCarolina
aturatly

Mountain High, LLC Page 2 of
November 14, 2008
for sites greater than one acre. Specifically, the NCGO10000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title 15 A North Carolina Administrative Code 2H.0100.
a. Approved Plan (Part I. Section A: No. 2.) Division of Land Resources has not
issued an Erosion and Sedimentation Control Plan for the land disturbance off Loki
Lane
b. Rain Gauge (Part I. Section B. No. 1.) A rain gauge was not observed on the site
at the time of inspection.
c. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, was
not recorded and available for review. However, a site representative was not
available during the inspection.
d. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated September 29, 2008, represents a violation of
NCG010000 Permit.
e. Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half -inch or greater rain event, were
not available for review. However, a site representative was not available during
the inspection.
f. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211
(3)f - Greater than 1,000 feet of an Unnamed Tributary to North Potato Creek,
Classification C, was impacted by sediment deposition greater than 2 inches throughout the
stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B
.0211 (3) (f)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US
HWY 70, Swannanoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with the NCGO 10000
Permit and permitted under the Erosion and Sediment Control Plan.
b. Minimum Monitoring and Record Keeping — Please provide copies of all
monitoring and record keeping for the past six weeks to Linda Wiggs.
Please refer to the attached Stormwater Inspection For General Permit

Page 3 of 4
J08
NCG010000 form. This form is to be filled out for every week and after
each 1/2 inch rain event. The following bulleted list provides guidance on
how to conduct monitoring and record keeping activities in such a way as to
be compliant with the NCG010000 Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.,
• Erosion and Sedimentation Control Facilities are to be inspected every week
and after each 1/2 inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time
inspected, the initials of the inspector, whether the device is operating
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.
• Stormwater Discharge Outfalls are to be inspected every week and after
each 1/2 inch rain event. It is required to individually list each of the outfalls
to be inspected, the date and time inspected, the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
c. You should include in your response an explanation of how you propose to prevent
these problems from reoccurring on this project and on future projects.
II. Stream Standard - Other Waste (In -Stream Sediment
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
c. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from Unnamed Tributary to North Potato Creek, The
Restoration Plan must be submitted to the Division of Water Quality for review and
approval prior to implementation. You are encouraged to secure an environmental,
consultant experienced in stream restoration to assist you with your plan
development, permit application and authorization necessary to achieve compliance.
It is recommended that your consultant contact Linda Wiggs of the Asheville
Regional Office for additional guidance during restoration plan development. At a
minimum the Restoration Plan should include the following:

Mountain High, LLC
November 14, 2008
Page 4 61,
® A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
® A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
® A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
® A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Linda Wiggs.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Linda Wiggs at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
Enclosures: NCGO10000 permit
Stormwater Inspection For General Permit NCGO10000 form
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Cherokee County Planning

November 17, 2008
MEMORANDUM
To: Tracy A.Walter, Bridge Project Planning Engineer
Project Development and Environmental Analysis Branch
NC Department of Transportation
From: Michael R. Parker, NC Division of Water Quality, Asheville Regional Office
Subject: Scoping comments on proposed replacement of Bridge No. 11, NC Highway 175 in Clay
County, Federal Aid Project No. BRSTP-175(7), WBS Element No. 38506.1.1,
TIP Project No. B-4733
This office has reviewed the correspondence dated October 28, 2008 in which you requested comments
for the referenced project. The Division of Water Quality (DWQ) is responsible for the issuance of the
Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands.
Based on a preliminary review of the project study area, tributaries, wetlands and riparian buffers
associated with thefollowing named stream(s) that could be impacted by the proposed project:
Stream Name
River Basin
Stream
Classification(s)
Stream Index
Number
Chatuge Lake
Hiwassee
B
1-(1)
DWQ has the following comments:
Project Specific Comments:
1. B-4733, Bridge No. I I over Chatuge Lake in Clay Coun
Lake Chatuge is class B waters of the State. DWQ has no specific comments regarding this
project.
2. Any anticipated dewatering or access structures necessary for construction of bridges should be
addressed in the CE. It is understood that final designs are not determined at the time the CE is
developed. However, the CE should discuss the potential for dewatering and access measures
necessary due to bridge construction.
3. Any anticipated bank stabilization associated with bridge construction should be addressed in the
CE. It is understood that final designs are not determined at the time the CE is developed.
However, the CE should discuss the potential for bank stabilization necessary due to bridge
construction.
NorthCar
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
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General Comments Regarding Bridge Replacement Projects:
4. The environmental document shall provide a detailed and itemized presentation of the proposed
impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as
required by 15A NCAC 21-1.0506(h), it is preferable to present a conceptual (if not finalized)
mitigation plan with the environmental documentation. Appropriate mitigation plans will be
required prior to issuance of a 401 Water Quality Certification.
5. Environmental assessment alternatives shall consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff. These alternatives shall include road designs that
allow for treatment of the storm water runoff through best management practices as detailed in
the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed
swales, buffer areas, preformed scour holes, retention basins, etc.
6. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the NCDOT is respectfully reminded that they will need to demonstrate the.
avoidance and minimization of impacts to wetlands (and streams) to the maximum extent
practical. In accordance with the Environmental Management Commission's Rules { 15A NCAC
2H.0506(h)), mitigation will be required for impacts of greater than 1 acre to wetlands. In the
event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost
functions and values. The NC Ecosystem Enhancement Program may be available for use as
wetland mitigation.
7. In accordance with the Environmental Management Commission's Rules {I 5A NCAC
2H.0506(h)}, mitigation will be required for impacts of greater than 150 linear feet to any single
perennial stream. In the event that mitigation is required, the mitigation plan shall be designed to
replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be
available for use as stream mitigation.
8. DWQ is very concerned with sediment and erosion impacts that could result from this project.
NC DOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
9. If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ
believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of
Engineers to determine the required permit(s).
10. If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless
otherwise authorized by the US ACOE. Strict adherence to the Corps of Engineers guidelines for
bridge demolition will be a condition of the 401 Water Quality Certification.
11. Bridge supports (bents) shall not be placed in the stream when possible.
12. Whenever possible, the DWQ prefers spanning structures. Spanning structures usually do not
require work within the stream or grubbing of the streambanks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges allow for human and
wildlife passage beneath the structure, do not block fish passage and do not block navigation by
canoeists and boaters.

13. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed
scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current
version of NC DWQ Stormwater Best Management Practices.
14. If concrete is used during construction, a dry work area shall be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
15. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species should be planted. When using temporary structures the area
shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush -hogs, or other
mechanized equipment and leaving the stumps and root mat intact allows the area to re -vegetate
naturally and minimizes soil disturbance.
16. Placement of culverts and other structures in waters, streams, and wetlands shall be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and
20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ, If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC DWQ for
guidance on how to proceed and to determine whether or not a permit modification will be
required.
17. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided. Stream channel widening at the inlet
or outlet end of structures typically decreases water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage.
18. If foundation test borings are necessary; it should be noted in the document. Geotechnical work
is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey
Activities,
19. Sediment and erosion control measures sufficient to protect water resources must be implemented
and maintained in accordance with the most recent version of North Carolina Sediment and
Erosion Control Planning and Design Manual and the most recent version of NCS000250.
20. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise
approved by NC DWQ. Approved BMP measures from the most current version of NCDOT
Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and
other diversion structures should be used to prevent excavation in flowing water.

21. Sediment and erosion control measures shall not be placed in wetlands and streams.
22. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands
in borrow/waste areas could precipitate compensatory mitigation.
23. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of
Wetland Significance (NC -CREWS) maps and soil survey maps are useful tools, their inherent
inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit
approval.
24. Heavy equipment shall be operated from the bank rather than in stream channels in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into streams.
This equipment shall be inspected daily and maintained to prevent contamination of surface
waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials.
25. In most cases, the DWQ prefers the replacement of the existing structure at the same location
with road closure. If road closure is not feasible, a temporary detour should be designed and
located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing
stream banks. If the structure will be on a new alignment, the old structure shall be removed and
the approach fills removed from the 100-year floodplain. Approach fills should be removed and
restored to the natural ground elevation. The area shall be stabilized with grass and planted with
native tree species. Tall fescue shall not be used in riparian areas.
26. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed.
Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water
Quality Certification requires that appropriate measures be instituted to ensure that water quality
standards are met and designated uses are not degraded or lost. If you have any questions or require
additional information, please contact Mike Parker at [phone].
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Clarence Coleman, Federal Highway Administration
Marla Chambers, NC Wildlife Resources Commission
Transportation Permitting Unit
Asheville Regional Office Copy

Michael F. Easley, Governor
fi William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
ldazhiaa �i
Coleen H. Sullins, Director
4=!W Division of Water Quality
DWQ Project # 08-1560
Cherokee County
CERTIFIED MAIL
Stevlm and Peggy im
Post Office Box 1547
Eatonville, Washington 98328
Subject Property: Inn Driveway Access
Rose Creek (HIW02, 1-57-7-1 Class C)
Dear Mr. & Mrs. Im:
On October 9, 2008, the Division of Water Quality (DWQ) received your application to
impact 60 linear feet of streams related to the culverts installed during the Im Driveway
Access project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until
we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. Your submitted application does not include all of the impacts on site, nor the
removal and restoration of these impacts. You must either obtain authorization for,
or propose to remove and restore the following:
• Rock and concrete dam to impound waters of an un-named tributary to
Rose Creek below the constructed bridge.
• The stream bank and bed excavation and rock dam construction above
the constructed bridge.
• The earthen fill associated with the routing of the two un-named
tributaries between the two driveways.
North Carolina
�atura!!y
\North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet:: www,ncwaterquality.org FAX [phone]
G:IWPDATAIDEMWQ1Cherokee1401 s108-1560.ImDrivewayAccess.Add-Infoc.doc
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2. The Water Quality General Certification (WQC # 3705, Condition 13.) for this activity
requires that:
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverfs
and other structures in waters and streams must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
The 3 installed 20 foot long culverts are perched on the downstream end and must be
removed and re -installed in order to meet this requirement of the Water Quality
Certification. A discussion to this effect must be included in your 401 request.
3. Application Item XIII request information regarding the compliance status of this
project with respect to Water Quality Statutes and Standards. As this project has
received a Notice of Violation, you must update this section of your application to
reflect this compliance status.
Please respond before the close of business on December 18, 2008 by sending 5
copies of this information to the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
And a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before December 18, 2008, we will assume that you no
longer want to pursue this project and we will consider the project as withdrawn.

Im Driveway Access
November 17, 2008
Page 3 of 3
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Kevin
Barnett at 828--296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
tAll
y�
Roger C. Edwards, Regional Supervisor
Asheville Regional Office
Surface Water Protection Section
RCE
cc: Ryan Helton
Post Office Box 1125
Copper Hill, Tennessee 37317
DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 08-1560.ImDrivewayAccess.Add-Info

Michael F. Easley, Governor
QG William G. Ross Jr.; Secretary
tF- North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
Haywood County
CERTIFIED MAIL
Charles R. Hall
Kristine J. Hall a/k/a Christine J. Hall
111 Nursery Gardens
Canton, North Carolina 28716
Subject Property: Fie Top Road
Fie Creek (F 1305, 5-26-6-('I), Class WSIII - Tr)
Request for More Information
Dear Mr. & Mrs. Hall:
The Division of Water Quality has become aware that a rock mine is in operation on
property owned by yourselves (PIN 7687-08-8974) off Fie Top Road in Haywood
County. Neither you nor your operator are currently permitted under the NPDES mining
permit (NCG020000) to operate a mining activity on this site. Attached, please find a
Notice of Intent (NOI) which you must file within 30 days of receipt of this letter, for the
operation of waste and storm water systems related to this site.
Failure to file you NOI within 30 days of receipt of this document will result in further
compliance actions. Please call Kevin Barnett at ,828-296-4500 if you have any
questions regarding this matter.
Sincerely,
r
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
RCE
cc: DWO Asheville Regional Office
File Copy
Central Files
Filename: Hall.Charles&Kristine.NOI.NCG020000.doc
NoAhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet:: www,ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Haywood\401 s\Hall.Charles&Kristine.NOI.NCG020000.doc
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
CERTIFIED MAIL_
RETURN RECEIPT REQUESTED ® 7007 1490 0004 0798 9393
Tom Batchelor
Haywood Electric Membership Co-op
1560 Asheville Road
Waynesville, North Carolina 28786
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 10 0004 0793 3909
Doug Jones, Contractor
Jones Brothers Utilities, Inc.
1955 Galbraith Creek Road
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-PC-0796
Haywood Electric Membership Co-op
Failure to Comply with WQC #3699
Haywood County, North Carolina
Dear Mr. Batchelor and Mr. Jones:
On October 15, 2008, Kevin Barnett from.the Asheville Regional Office of the Division
of Water Quality (DWQ), along with Ms. Lori Beckwith of the US Army Corps of
Engineers, conducted a site inspection for the following property owned by you (Property
Identification Number: 2608-35-4674) in Haywood County, NC.
During the inspection DWQ staff collected measurements, took photographs and made
visual observations of Jones Brothers Utilities, Inc. performing work in violation of the
issued Clean Water Act Water Quality Certification # 3699 within Jonathon Creek, a
Class C, Trout stream, located in the French Broad River Basin.
As a result of the site inspection and file review, the following violations, detailed below,
were noted:
® Failure to Comply with the Conditions of WQC # 3699 (conditions 5 and 6)
NorthCarolina
Aaturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Haywood\401 s\HaywwodEMC.NOV2008PC0796.doc
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Page 2 of 3
Haywood Electric Membership Co-op
Haywood County
Failure to Comply with the Conditions of WQC # 3699 (conditions 5 and 6)
® Condition 5 states that all moratoriums established by the NC Wildlife
Resources Commission (WRC) to protect trout or other aquatic species of
concern shall be implemented. By verification with the WRC, this project
was to cease all work in waters at 12:01 AM on October 15, 2005 as to not
inhibit trout spawning.
Condition 6 states that all work in or adjacent to stream waters shall be
conducted in a dry work area. The work conditions observed on -site were
within waters and resulting in the discharge of turbid waters.
Requested Response
This Office requests that you respond in writing within 10 days of receipt of this Notice.
Your response should be sent to both this office at the letterhead address and to the
attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance
and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Your response should address the following items:

_ctric Membership Co-op
County
I. Please explain why these impacts occurred out of compliance with the issued 401
Water Quality Certification # 3699.
2. Finally, please explain how you propose to prevent these problems from reoccurring
on future projects.
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. Thi , office requires that the violations, as detailed above, be abated.
immediately. ately. 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 Kevin Barnett at [phone].
Sincerely,
a
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Asheville Regulatory Field Office, U.S. Army Corps of Engineers
David McHenry, NC Wildlife Resources Commission
Jennifer Braddish, Haywood County Erosion Control
File: HaywwodEMC.NOV2008PC0796

Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
pr North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
DWQ Project # 08-1405
McDowell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7007 1490 0004 0798 8923
Tammy Ritter
Bennick Enterprises, LLC
7836 Highway 70, East
Nebo, North Carolina 28761
Subject Property: Benniek Staging Area
Catawba River (Lake James) (CTB30, 11-(8), Class C)
Dear Mrs. Ritter:
On October 9, 2008, the Division of Water Quality (DWQ) received your application to impact
an undetermined amount of open waters for the After -The -Fact approval of the Benniek Staging
Area. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will place
this project on hold as incomplete until we receive this additional information. if we do not
receive the requested information, your project will be formally returned as incomplete. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Your application does not indicate how much fill in waters has been placed to create this
staging area. Please specify all fills related to the staging area such that this agency can
proceed with your application.
Please respond in writing Vithin 30 calendar days of the date of this letter by sending a copy of
this information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and to the Asheville Regional Office at:
N rthCarolina
�at�fiGl�`j�
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet; www,.ncwaterquality.org FAX [phone]
GAWPDATA\DEMW0\Mcdowell\401 s\08-1405.BennickEnterprises.On-Hold.doc
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Bernick Enterprises, LLC
November 18, 2008
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If you will not be able to provide the requested information within that timeframe, please provide
written confirmation that you intend to provide the requested information, and include a specific
timetable delineating when the requested materials will be provided. If we do not hear from you
in 30 calendar days, we will assume that you no longer want to pursue this project and we will
consider the project as returned.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Kevin Barnett at 828-296-4500 if you
have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Asheville Regional Office
USACE Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
Central Files
C:\WPDATA\DEMWQ\Mcdowell\401s\08-1405.DennickEnterprises.On-Hold.doc

4 Michael F. Easley, Governor
pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
'{
.� Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
DWQ Project # 06-1922
Buncombe County
CERTIFIED MAIL
Wellan Maclean
Beaucatcher Heights
1224 Iverleigh Tr.
Charlotte, North Carolina 28270
Subject Property: Beaucatcher Heights Subdivision
Application Number: 2006-1922
Bringing Site Into Compliance
Dear Mr. Maclean:
Based upon recent discussion with your consultant, the Division is sending out the
following guidance in order to bring this site into compliance and resolve the Water Quality
issues on -site. We are requesting that the following occur within 30 days of receipt of this
document:
® The DWQ needs a storm -water management plan for the built -out. This needs to
be submitted to Annette Lucas in the DWQ 401 Permitting Central Office in Raleigh
within 30 days receipt of the letter.
The culverts are to remain unchanged, including the installed head walls. All rip /
rap, and accumulated sediments must be removed from waters. A plan for this
activity should be sent to the attention of Mr. Chuck Cranford at the Asheville
Regional Office within 30 days of receipt of the letter, for approval, and for cleanup
to be completed within 90 days of the issuance of the letter. The submitted plan
shall result in a stable pattern, dimension and profile of the stream and shall include
a time line with performance thresholds.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www,.ncwaterquality.org FAX [phone]
GAWPDATA\DEMWQ\13uncombe\401 s\06-1922.BeaucatcherHeights.ComplianceSteps.doc
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Beaucatcher Heights S/D
Site Compliance
November 18, 2008
Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions
regarding this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Asheville Regional Office
Surface Water Protection Section
cc: File Copy
USACE Asheville Regulatory Field Office
401 Permitting Unit, Central Office
David McHenry, NC Wildlife Resources Commission
Filename: 06-1922. BeaucatcherH.eights. ComplianceSteps

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen H. Sullins, Director
Division of Water Quality
November 18, 2008
Seth A. Hendler-Voss
City of Asheville
Post Office Box 7148
Asheville, NC 28802
Subject: Amboy Road -Hominy Creek Greenway
Dear Mr. Hendler-Voss:
This letter is in response to your correspondence sent to the Division of Water Quality on
October 21, 2008 regarding stormwater management requirements related to the subject
greenway project.
DWQ staff has reviewed the data you provided and discussed possible stormwater
management needs related to Session Law 2006-246, which implements the Federal Phase II
stormwater management requirements.
The DWQ considers the greenway to be a low -density project and should be designed to
utilize the stormwater controls specified in the law noted above for such developments (i.e.,
vegetated conveyances and on -site treatment devices [infiltration and bioretention areas and
level spreaders]).
As the project moves forward, the DWQ would appreciate any opportunities to provide
design review or other guidance that might be helpful.
Thank you for seeking DWQ input and please, contact me if I can be of any further
assistance.
Sincerely,
s� e
v- -
Chuck Cranford
Environmental Specialist
Surface Water Protection
NorthCarolrna
Naturally
North Carolina Division of Water Quality 2090 U.S, Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
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Michael F. Easley, Governor
pG William G. Ross Jr., Secretary
)7
North Carolina Department of Environment and Natural Resources
J y
C Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
DWQ Project # 08-1571
Jackson County
Brian Colona
5903 Soaring Pine Ct.
Kingwood, TX. 77345
Subject Property: Colona Property -Buck Knob Island Lot #7
Thorpe Lake (Glenville Lake)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Colona:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1212 square feet (0.028 acres) of open waters below normal pool lake level,
and 1212 square feet (0,028 acres) above normal pool lake level for the purpose of constructing a rip rap
bulkhead to stabilize 202 linear feet of shoreline at the subject property, as described within your
application dated September 25, 2008 and received by the N.C. Division of Water Quality (DWQ) on
October 14, 2008. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use
Nationwide Permit(s) 30 when issued by the US Army Corps of. Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and
Stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Waters
0.028 (acres)
1212 s .ft. below lake level
Waters
0.028 (acres)
12I2 sq.ft. above lake level
NorthCarolina
r/1 atllrallb(
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Jackson\401 s\08-1571 ColonaAPPROVAL.doc
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Violations of any condition herein set forth may result in revocation of this Certification and may result in '
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
Yu
Coleen H. Sullins, Director
Enclosures: GC 3693
Certificate of Completion
cc: 401/Wetlands Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files
Duke Energy -Lake Services -Lisa Leatherman

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
T Coleen H. Sullins, Director
�- Division of Water Quality
-i
C
Asheville Regional Office
November 19, 2008
Robert M Sams
Town of Mars Hill
PO Box 368
Mars Hill NC 287540368
SUBJECT: Compliance Evaluation Inspection
Mars Hill WWTP
Permit No: NCO057151
Madison County
Dear Mr. Sams:
Enclosed please find a copy of the Compliance Evaluation Inspection from the inspection
conducted on November 17, 2008 by Jeff Menzel of the Asheville Regional Office. The
facility was found to be in Compliance with permit NC0057151.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at (828)-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
NthCarolina
Noaturallry
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748
G:\WPDATA\DEMWQ\Madison\57151 Mars Hill WWTP

United States Environmental Protection Agency Form Approved.
-PA Washington, D.C. 20460 OMB No. 2040-0057
Water Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 LI 2 I51 3I NCO057151 11 12I 08/11/17 117 181rI 191.GI 20I
L� l- Lv
Remarks
211 1
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ----------------------
67 I 169 701 31 71 U 721 73 L l t 74 75 I I I I I 180
��—`—
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
09:30 AM 08/11/17
05/11/01
Mars Hill WWTP
Exit Time/Date
Permit Expiration Date
NC Hwy 213 w
Mars Hill NC 28754
10:45 AM 08/11/17
10/09/30
Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Robert Sams//828-689-9850 /
Robert M Sams/ORC/B28-689-2301/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Robert M Sams,PO Box 368 Mars Hill NC
287540368//828-689-2301/8286893333 No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ® Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program ® Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Roy M Davis lril1r \ ARO WQ//828-296-4500 Ext.4659/
Jeff Menzel (5, tARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards 1 `� ARO WQ//828-296-4500/ 11-1e)i
t1
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3� NCO057151 �11 12� 08/11/17 j17 18UCJ
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
At the time of inspection the plant was producing exceptional effluent. No violations of permit requirements
or applicable regulations were observed during this inspection.
Page # 2

Permit: NCO057151 owner - Facility: Mars Hill WWTP
aection Date: 11/17/2008 Inspection Type: Compliance Evaluation
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? N ❑ ❑ ❑
Is the facility as described in the permit? ❑ ❑ ❑
# Are there any special conditions for the permit? ❑ ❑ ❑
Is access to the plant site restricted to the general public? ❑ ❑
Is the inspector granted access to all areas for inspection? ❑ ❑ ❑
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth
Comment: Both clarifiers appear to be producing clear water; the newer clarifier did
have two things that are worth noting. The first is the excessive foam at the top of the
clarifier, which needs additional equipment to correct. Secondly, the weirs on the newer
clarifier do not appear to be level.
Effluent Sampling
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Yes No NA NE
■ ❑ ❑ ❑
■❑❑❑
■❑❑❑
Page # 3

Permit: NCO057151
Inspection Date: 11/17/2008
Owner - Facility:- Mars Hill WWTP �\
Inspection Type: Compliance Evaluation
Effluent Sampling
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type representative)?
Comment: The effluent sampling is flow proportional the flow meter was calibrated on
June 2008.
Influent Sampling
# Is composite sampling flow proportional?
Is sample collected above side streams?
Is proper volume collected?
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)?
Is sampling performed according to the permit?
Comment: The influent sampling is not flow proportional.
Disinfection -Liquid
Is there adequate reserve supply of disinfectant?
(Sodium Hypochlorite) Is pump feed system operational?
Is bulk storage tank containment area adequate? (free of leaks/open drains)
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment: The effluent was clear.
Disinfection -Gas
Are cylinders secured adequately?
Are cylinders protected from direct sunlight?
Is there adequate reserve supply of disinfectant?
Yes No NA NE
n n n
Yes
No NA NE
■
n n ❑
■nnn
■nnn
■nnn
■nnn
■nnn
■nnn
■nnn
■nnn
Page # 4

Permit: NCO057151
oection Date: 11/17/2008
Owner - Facility: Mars Hill WWTP
Inspection Type: Compliance Evaluation
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)?
If yes, then is there a Risk Management Plan on site?
If yes, then what is the EPA twelve digit ID Number? (1000-_ _)
If yes, then when was the RMP last updated?
Comment: The Stationary source does not have more than 2500 Ibs of chlorine and
does not need a RMP.
Solids Handling Equipment
Is the equipment operational?
Is the chemical feed equipment operational?
Is storage adequate?
Is the site free of high level of solids in filtrate from filter presses or vacuum filters?
Is the site free of sludge buildup on belts and/or rollers of filter press?
Is the site free of excessive moisture in belt filter press sludge cake?
The facility has an approved sludge management plan?
Comment: The new belt press had recently been taken out of service for repairs but
was very clean and appeared to be producing acceptable sludge.
Yes No NA NE
❑❑❑
❑❑❑
❑ ❑ ❑ IN
❑ N ❑ ❑
❑ ❑ m ❑
Page # 5

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
e i Division of Water Quality
Asheville Regional Office
November 19, 2008
CERTIFIED MAIL
David Odom
Highlands of Lake Lure, LLC
152 East Main Street
Forest City, NC 28043
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Highlands of Lake Lure
NOV-2008-OP-0061
Stream Standard Violation - Other Waste (In -stream sediment)
Removal of Best Usage
Failure to Secure 401 Water Quality Certification (WQC)
Rutherford County
Response deadline: December 5, 2008 or 15 days from receipt
Dear Mr. Odom:
On October 31, 2008, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection for Highlands of Lake Lure along Highway 74A
in Rutherford County, Mr. Clint Calhoun with the Town of Lake Lure was present.
Stream standards and 401 Water Quality Certification violations were noted during the inspection
and file review. Sediment and in -stream impoundment impacts to an unnamed tributary to the
Broad River (Class B, Trout waters) were documented in excess of 1,000 feet.
VIOLATIONS
1. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211
(3)f - Greater than 1,000 feet of an unnamed tributary to the Broad River (Class B, Trout
waters) was impacted by sediment deposition reaching 18 inches in portions of the stream
reach with deeper deposits probable, representing Water Quality Stream Standard violation
of 15A NCAC 02B .0211 (3) (f)
II. Removal of Best Usage —15A NCAC 02B.0211 (2) — Greater than 50 feet of an unnamed
tributary to the Broad River (Class B, Trout waters) was impacted by the construction of an
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 Oppoounity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
NoRhCarolina
Naturally(

David Odom
November 19, 2008
Page 2 of 4
in -stream impoundment, which appeared to be designed as a sediment basin,
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2)
III. Failure to Secure a 401 WQC — Placing fill in a stream (dam impoundment) has occurred
without a 404 Permit from the U.S. Army Corps of Engineers nor the accompanying 401
Water Quality Certification. A Pre -Construction Notification submitted to DWQ is required
prior to the above -mentioned impacts pursuant to 15A NCAC 2H .0500
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In -Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
c. Please submit a Sediment Removal Plan to this office for review and approval. The
Plan must address removal of the accumulated sediment from unnamed tributary to
the Broad River and be submitted to the Division of Water Quality for review and
approval prior to implementation. You are encouraged to secure an environmental
consultant experienced in stream restoration to assist you with plan development
and authorization necessary to achieve compliance. It is recommended that your
consultant contact Chuck Cranford of the Asheville Regional Office for additional
guidance during restoration plan development. The Plan should include the
following:
® A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
® A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.

® A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
e. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
II. Removal of Best Usage —15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Please submit the following documents for review and approval:
® Stream Restoration Plan (impoundment impacts) — Please explain how you plan
to restore the pattern, profile and dimension of the impacted stream channels to
include the removal of pipes, fill and riprap. The streambed must be restored to
the original profile, the stream banks must be stabilized, and any fill material
must be removed from the riparian zone. Replanting of the riparian zone will be
required.
® Permit Application — If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. Depending on the type of permits USACOE
requires, application for a 401 Water Quality Certification to DWQ will also be
required. Please note:
® Sediment impacts to streams are not permittable
® For impoundments, you must show that the impact will not violate
water quality standards
0 Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished, and if you plan to seek a permit for the
permittable impacts, when an application will be submitted.
® It is required that you contact Clint Calhoun with the Town of Lake Lure and
the U.S. Army Corps of Engineers. These contacts are necessary to ensure that
your restoration efforts are in compliance with the Sedimentation Pollution
Control Act and Section 404 of the Clean Water Act.
III. Failure to Secure a 401 WQC
a. Clearly explain why appropriate a 401 Water Quality Certification and 404 Permit
were not secured

David Odom
November 19, 2008
Page 4 of 4
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
d. Satisfactory stream restoration requires planting in accordance with the EEP
Publication "Guidelines for Riparian Buffer Restoration". This document is
available electronically at http://www.nceep.net/news/reports/buffers.pdf.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Clint Calhoun — Town of Lake Lure
G:\WPDATA\DEMWQ\Rutherford\Complaints - Misc\HighlandsOfLakeLure\NOV-2008-OP-0061_11-18-08.doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
--q Division of Water Quality
"C
Asheville Regional Office
SURFACE WATER PROTECTION
November 19, 2008
CERTIFIED MAIL
7007 1490 0004 0798 8954
J Robert Boyette
City of Marion
PO Drawer 700
Marion, NC 28752
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit N00031879
City of Marion
Corpening Creek WWTP
Case No. LV-2008-0419
McDowell County
Dear Mr. Boyette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,051.70 ($1,000.00 civil penalty + $51.70 enforcement costs) against the City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Marion for the month of May 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0031879. The violations, which occurred in
May 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Marion violated the
terms, conditions or requirements of NPDES Permit NCO031879 and G. S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S, 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against City of Marion:
North Carolina
Awara!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit
$.00 NC0031879, by discharging waste water into the waters of the S1
in violation of the Permit Daily Maximum limit for CYANIDE.
$1,000.00
4 of the 5 violations of G.S. 143-215.1(a)(6) and NPDES Permit
NC0031879, by discharging waste water into the waters of the Stan
in violation of the Permit Weekly Average limit for CYANIDE.
$1,000.00 TOTAL CIVIL PENALTY
$51.70 Enforcement Costs
$1,051.70 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

., tailed statement that establishes why you believe the civil penalty should be
and submit it to the Division of Water Quality at the address listed below. In
.mining whether a remission request will be approved, the following factors shall be
.onsidered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282. 1 (b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request. Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings - is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
M]
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not -a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Keith Haynes of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Tic
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Enforcement File w/ attachments
Central Files w/ attachments
G:\WPDATA\DEMWQ\Mcdowell\Corpening Creek WWTP 31879\LV-2008-0419.doc

JUSTII+ICATION FOR REMISSION REQUEST
Case Number: LV-2008-0419 County: McDowell
assessed Party: City of Marion
Permit No. (if applicable): NC0031879 Amount Assessed: $1,051.70
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF McDowell
City of Marion
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
Corpening Creek WWTP )
PERMIT NO. NC0031879
DEPARTMENT OF ENVIRONr.
AND NATURAL RESOURCES,
WAIVED OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIP[1L,ATION OF FACTS
FILE NO. LV-2008-0419
Having been assessed civil penalties totaling $1,051.70 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 18, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
, 20
SIGNATURE

ATTACHMENT A
City of Marion
CASE NUMBER: LV-2008-0419
PERMIT: NCO031879
FACILITY: Corpening Creek WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPl
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$.00
5-2008
001
Effluent
CYANIDE
05/03/08 Weekly
ug/I
7.5
8.2
9.33
Weekly Average Exceeded
$.00
5-2008
001
Effluent
CYANIDE
05/07/08 Weekly
ug/I
22
23 '
4.55
Daily Maximum Exceeded
$250.00
5-2008
001
Effluent
CYANIDE
05/10/08 Weekly
ug/I
7.5
23
206.67
Weekly Average Exceeded
$250.00
5-2008
001
Effluent
CYANIDE
05/17/08 Weekly
ug/I
7.5
11
46.67
Weekly Average Exceeded
$250.00
5-2008
001
Effluent
CYANIDE
05/24/08 Weekly
ug/I
7.5
12
60.00
Weekly Average Exceeded
$250.00
5-2008
001
Effluent
CYANIDE
05/31/08 Weekly
ug/l
7.5
21
180.00
Weekly Average Exceeded

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
3' Coleen H. Sullins, Director
Division of Water Quality
'C.
Asheville Regional Office
D. Brent Nappier
Sunny Forcast 64,_LLC
Post Office Box 1870
Hendersonville, NC 28793
SUBJECT: Site Visit Findings and Required Actions
Wolfchase Development
Project # 07-0608
DWQ Tracking Number: NCR000979
Stream Standard Violation - Other Waste (In -stream sediment)
401 Water Quality Certification (WQC) Conditions
Henderson County
Dear Mr. Nappier:
On October 14, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection at the Wolfchase Development on U.S. Highway 64 East in Henderson
County. Ms. Anna Salzberg with C1earWater Environmental Consultants, Inc. was present.
401 WQC and stream standards violations were noted during the inspection and file review. Sediment, in -
stream rock check -dam and improperly installed culvert impacts to two unnamed tributaries to Wolfpen
Creek were documented. The items noted impacted approximately 100 feet of stream.
VIOLATIONS
I. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211 (3)f -
Greater than 50 feet of an unnamed tributary to Wolfpen Creek, classified as C waters, was
impacted by sediment deposition measuring up to three inches throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
II. 401 WQC Condition Violations —Nappier and Turner Construction Company submitted a Pre -
Construction Notification (PCN) on April 5, 2007. The impacts were requested under U.S. Army
Corps of Engineers Nationwide Permit(s) 29, and the corresponding General Water Quality
Certifications. DWQ issued an approval letter for the impacts on February 14, 2008, for 07-0608.
The approval letter specifies that the activities must follow the conditions listed in the General
Water Quality Certification, as well as additional conditions listed in the letter. The Additional
Condition (1) Impacts Approved states the following:
Stream — perennial: 297 (linear feet)
NorthCarolina
Nati mallry
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% Recycledl10% Post Consumer Paper

D. Brent Nappier
Page 2 of 3
November 19, 2008
During the site visit, a stream culvert was identified that had not been included in the approved
impacts.
III. Removal of Best Usage— 15A NCAC 02B.0211 (2) —Greater than 30 feet of an unnamed tributary
to Wolfpen Creek, classified as C waters, was impacted by the unpermitted installation of a culvert
and an in -stream check dam, representing Water Quality Stream Standard violation of 15A NCAC
02B .0211 (2).
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 Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance
and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following items:
I. Stream Standard - Other Waste (In -Stream Sediment) and Removal of Best Usage —15A
NCAC 02B.0211 (2)
a. Please submit a Sediment Removal Plan to this office for review and approval. The
Restoration Plan must address removal of the accumulated sediment from the unnamed
tributary to Wolfpen Creek just above the culvert indicated as Impact Area #2 in 401
Project 407-0608. The Restoration Plan must be submitted to the Division of Water Quality
for review and approval prior to implementation. You are encouraged to secure an
environmental consultant experienced in stream restoration to assist you with development
of your plan and the authorization necessary to achieve compliance. It is recommended that
your consultant contact Chuck Cranford of the Asheville Regional Office for additional
guidance during restoration plan development. The Restoration Plan should include the
following:
• A narrative explaining how sediment will be removed and how impacted jurisdictional
waters will be restored.
• A diagram of the stream channel, referenced with photo documentation of sediment
impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Stream Restoration Plan (pipe and check dam impacts) — Please explain how you plan to
restore the pattern, profile and dimension of the impacted stream channels to.include the
removal of pipes, fill and riprap/stone. The streambed must be restored to the original
profile, the stream banks must be stabilized, and any fill material must be removed from the
riparian zone. Replanting of the riparian zone will be required.
i. Permit Application — If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. Depending on the type of permits USACOE requires,
application for a 401 Water Quality Certification to DWQ will also be required.
Please note that sediment impacts to streams are not permittable.
c. Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished, and if you plan to seek a permit for the permittable
impacts, when an application will be submitted.

d. Once the Sediment Removal and Stream Restoration has been implemented and is
complete, a final report documenting restoration of the stream should be submitted to
Chuck Cranford.
11, 401 WQ Certification
a. Explain why the 401 Water Quality Certification Approved Impacts were exceeded.
b. Provide your intention as to whether you will pursue removal of the culvert, as described
above, or permitting through the USACOE.
c. It is required that you contact the United States Army Corps of Engineers to determine if a
- 404 Permit is necessary for these restoration activities. - - - -
d.. Satisfactory stream restoration requires planting in accordance with the EEP Publication
"Guidelines for Riparian Buffer Restoration This document is available electronically at
http://www.neeep.net/news/reports/buffei&pdf.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Chuck Cranford [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
C1earWater Environmental Consultants, Inc. -Anna Salzberg
Henderson County Planning
G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGO1\WolfChase-ncr000979\SiteVisitFindings_I1-18-08.doe

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
1�-
Coleen H. Sullins, Director
. {
Division of Water Quality
Asheville Regional Office
November 19, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 0978
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0546
Permit No. N00073814
North Buncombe Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of North Buncombe Elementary School's monitoring report for September 2008 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
09/23/08
400 #/100m1
600 #/100m1
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State
law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828-296-4500.
Sincerely, _
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
RPB Systems/ ORC
G:\WPDATA\DEMWQ\Buncombe\73814 North Elementary\NOV-2008-LV-0546.73814.doe One
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
Mr. Michael Molling
USDI National Park Service
199 Hemphill Knob Road
Asheville, North Carolina 28803
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO072729
USDI National Park Service
Mount Pisgah WWTP
Case No. LV-2008-0427
Haywood County
Dear Mr. Molling:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $265.00
($200.00 civil penalty + $65.00 enforcement costs) against USDI National Park Service.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by USDI National Park Service for the month of August 2008.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0072729. The violations which occurred in
August 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that USDI National Park Service
violated the terms, conditions or requirements of NPDES Permit NCO072729 and G.S. 143-
215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against USDI National Park Service:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.or_q FAX [phone] 623-7748

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit
$200.00 NC0072729, by discharging waste water into the waters of the S1
in violation of the Permit Daily Maximum limit for FEC COLL
$200.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$265.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2811(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
r
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Henry Keefer/ ORC/ National Park Service
GAWPDATA\DEMWQ\Haywood\72729 Mount Pisgah\LV-2008-0427.72729.doc

Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
DEPARTMENT OF ENVIf
AND NATURAL RESO
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
USDI NATIONAL PARK SERVICE/ )
MT. PISGAH WWTP 1
PERMIT NO. N00072729 l FILE NO. LV-2008-0427
Having been assessed civil penalties totaling $265.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 19, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

PERMIT: NCO072729
FACILITY: Mount Pisgah WWTP
ATTACHMENT A
USDI National Park Service
CASE NUMBER: LV-2008-0427
COUNTY:Haywood
REGION: Asheville
Limit Violations
MONITORING
OUTFALU
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY REPORT
PPI LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE LIMIT
VIOLATION TYPE
$100.00 8-2008
001 Effluent FEC COLT
08/12/08
Weekly
#/100ml
400 600 50.00
Daily Maximum Exceeded
$100.00 8-2008
001 Effluent FEC COLI
08/14/08
Weekly
#/100mI
400 600 50.00
Daily Maximum Exceeded

Permit Enforcement History by Owner
11/18/08
1
Owner: USDI National Park Service
Facility: Mount Pisgah MIVTP
Permit: NCO072729
Region: Asheville County: Haywood
Penalty
Remission Enf EMC EMC OAH Collection
Has
Assessment Penalty Enforcemen
Request Enf Conf Remission Hearing Remission Remission Memo Sent
Pmt Case
Case Number MR Approved Amount t Costs Damages
Received Held Amount Held Amount Amount to AGO Total Paid
Balance Due
Plan Closed
WQ-1988-0050 10/10/88 $3,000.00 $42.28 $.00
01/09/89 $3,042.28 $.00
$.00
No 03/15191
LV-2008-0427 8-2008 11/18/08 $200.00 $65.00
$265.00
No
Total Cases: 2 $3,200.00 $107.28
$265.00
Total Penalties: $3,307.28 Total Penalties after remission(s): $265.00

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6)
and NPDES Permit NCO061182
Buncombe County Board of Education
North Buncombe High School WWTP
Case No. LV-2008-0428
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $165.00
($100.00 civil penalty + $65.00 enforcement costs) against Buncombe County Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of
September 2008, This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NCO061182. The violations
which occurred in September 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of
Education violated the terms, conditions or requirements of NPDES Permit N00061182 and G.S.
143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the
maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-
215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Buncombe County Board of Education:
NoAhCarolina
VVatura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www,ncwaterouality.org FAX [phone] 623-7748

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit N ,
$.00 NC0061182, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
1 of the 1 violations of G.S. 143-215, l (a)(6) and NPDES Permit No.
$100.00 NC0061182, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for S/TSS.
$100.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$165.00 'TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(e), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Ia 7
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

_,tailed statement that establishes why you believe the civil penalty should be
and submit it to the Division of Water Quality at the address listed below. In
.mining whether a remission request will be approved, the following factors shall be
insidered:
(1) whether one or more of the civil penalty assessment factors in NCGS 1438-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in supportt of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
_ within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

No
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days.of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
01
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roger C . Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
RPB Systems/ ORC w/ attachments
G:\WPDATA\DEMWQ\Buncombe\61182 North High\LV-2008-0428.61182.doc

,t Case Number: LV-2008-0428 County: Buncombe
.ssessed Party: Buncombe BOE/ North Buncombe High School WWTP
Permit No.: NC0061182 Amount Assessed: $165.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences)
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
BUNCOMBE COUNTY BOARD OF EDUCATION)
/ NORTH BUNCOMBE HIGH SCHOOL WWTP 1
PERMIT NO. N00061182
DEPARTMENT OF ENVIROr
AND NATURAL RESOUR
STIPULATION OF FACTS
FILE NO, LV-2008-0428
Having been assessed civil penalties totaling $165.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 19, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty.must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Buncombe County Board of Education
CASE NUMBER: LV-2008-0428
PERMIT: NCO061182 FACILITY: North Buncombe High School COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING OUTFALLf VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 9-2008 001 Effluent RES/TSS 09/02/08 Weekly mg/l 45 55.7 23.78 Daily Maximum Exceeded
$.00 9-2008 001 Effluent RESlTSS 09/30/08 Weekly mg/I 30 31.92 6.40 Monthly Average Exceeded

Permit Enforcement History by Owner
11/18/08
1
Owner: Buncombe County Board of Education
Facility: North Buncombe High School
Permit: NCO061182
Region: Asheville
County: Buncombe
Penalty
Remission Enf EMC
EMC OAH Collection
Has
Assessment Penalty
Enforcemen Request Enf Conf Remission Hearing
Remission Remission Memo Sent
Pmt
Case
Case Number MR Approved Amount
t Costs Damages Received Held Amount Held
Amount Amount to AGO Total Paid
Balance Due
Plan
Closed
LT-1997-0006 12/04/97 $500.00
$.00
$500.00
$.00
No
02/11/98
TX-2003-0302 08/25/03 $2,000.00
$124.24
$2,124.24
$.00
No
09/16/03
LV-2005-0351 4-2005 09/14/05 $350.00
$100.00
$450.00
$.00
No
11/04/05
LV-2006-0138 8-2005 05/18/06 $100.00
$100.00
$200.00
$.00
No
06/13/06
LV-2006-0314 2-2006 08/25/06 $100.00
$126.82
$226.82
$.00
No
09/08/06
LV-2007-0187 2-2007 05/15/07 $100.00
$130.15
$230.15
$.00
No
05/31/07
TX-2007-0007 11/28/07 $2,000.00
$64.84
$2,064.84
$.00
No
02/25/08
TX-2008-0004
05/28/08
$2,000.00
$64.84
$2,064.84
No
LV-2008-0428 9-2008
11/18/08
$100.00
$65.00
$165.00
No
Total Cases: 9 $7,260.00 $775.89
Total Penalties: $8,025.89
$5,796.05 $2,229.84
Total Penalties after remission(s): $8,025.89

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
'C
Asheville Regional Office
SURFACE WATER PROTECTION
November 19, 2008
TO: Ken Pohlig, E.I. Project Review Engineer
FROM: Jeff Menzel
Asheville Regional Office
SUBJECT: Request for Authorization to Construct
East Yancey Water and Sewer District, South Toe River WWTP Improvements
NPDES Permit Number N00087891
Yancey County
The Asheville Regional Office received the Authorization to Construct and the supporting
documentation on November 17, 2008. After reviewing the material the Asheville Regional office
would like to remind the permitee of the following language which is within its NPDES permit.
The permittee will conduct a site -specific survey for the Appalachian elktoe mussel when
coordinating the exact location of the outfall pipe with the Division, in order to minimize direct
impact to mussel beds. Additionally the permittee has agreed to incorporate UV disinfection and
effluent filters, should funding become available for this alternative prior to plant construction.
Please do not hesitate to contact me if you have any additional questions or
require further explanation.
Jef Menzel
Environmental Specialist
North Carolina
Naturally
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November 20, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 901
Mr. Carl Daniel
Carolina Water Service Inc. of NC
P.O. Box 240908
Charlotte, North Carolina 28224-0908
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO076431
Carolina Water Service Inc Of NC
Wolf Laurel WWTP
Case No. LV-2008-0430
Madison County
Dear Mr. Daniel:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $315.00
($250.00 civil penalty + $65.00 enforcement costs) against Carolina Water Service Inc. of NC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Carolina Water Service Inc. of NC for the month of
September 2008. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NCO076431. The violations
which occurred in September 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc. of NC
violated the terms, conditions or requirements of NPDES Permit NC0076431 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215,1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Carolina Water Service Inc. of NC:
` Nne
orthCarolina
Aaiurally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES
$250.00 NC0076431, by discharging waste water into the waters c
in violation of the Permit Monthly Average limit for NH3
$250.00 'TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$315.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 1438-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

whether one or more of the civil penalty assessment factors in NCGS 143 B -2 82. 1 (b)
was wrongfully applied to the detriment of the petitioner;
�2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your,
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address;
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OIL
3. File a petition for an administrative bearing with the Office of Administrative Hearings..,
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative \\
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center t
Raleigh, North Carolina 27699-1601'
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
t
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/ DWQ Enforcement Files w/ attachments
Rex Woody/ ORC w/ attachments
GAWPDATA\DEMWQ\Madison\76431 Wolf Laurel WWTP\LV-2008-0430.7643Ldoc

`Case Number: LV-2008-0430 County: Madison
Jsessed Party: Carolina Water Service Inc. of NO Wolf Laurel WWTP
Permit No.: NC0076431
Amount Assessed: $315.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i, e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any, previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF MADISON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CAROLINA WATER SERVICE INC. OF NC/
WOLF LAUREL WWTP
DEPARTMENT OF ENVIRG��
AND NATURAL RESOURCb,
WAIVER OF RIGHT TO AN A
ADMINS'TRATIVE HEARING AND
STIPULATION OF FACTS
PERMIT NO. NCO076431 ) FILE NO, LV-2008-0430
Having been assessed civil penalties totaling $315.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 20, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE L
ADDRESS
TELEPHONE

ATTACHMENT A
Carolina Water Service Inc Of NC
CASE NUMBER: LV-2008-0430
PERMIT: NCO076431 FACILITY: Wolf Laurel WWTP COUNTY: Madison REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 9-2008 001 Effluent NH3-N 09/30/08 Weekly mg/I 2.3 2.98 29.35 Monthly Average Exceeded

Permit Enforcement History by Owner
11/19/08
1
Owner: Carolina Water Service Inc Of NC
Facility: 'Nolf Laurel VWVTP
Permit: NCO076431
Region: Asheville
County: Madison
Penalty
Remission Enf EMC
EMC OAH Collection
Has
Assessment Penalty
Enforcemen Request Enf Conf Remission Hearing
Remission Remission Memo Sent
Pmt
Case
Case Number MR Approved Amount
t Costs Damages Received Held Amount Held
Amount Amount to AGO Total Paid
Balance Due
Plan
Closed
WQ-1990-0003 06/06/90 $1,000.00
$168.92 $.00
$1,168.92
$.00
No
08/02/90
LV-2003-0480 4-2003 07/22/03 $250.00
$100.00
$350.00
$.00
No
07/31/03
LV-2007-0454 6-2007 12/06/07 $450.00
$65.07
$515.06
$.00
No
12/27/07
LV-2008-0414 7-2008 11/07/08 $250.00
$65.00
$315.00
No
LV-2008-0430 9-2008 11/19/08 $250.00
$65.00
$315.00
No
Total Cases: 5 $2,200.00 $463.99
Total Penaltiesi $2,663.99
$2,033.98 $630.00
Total Penalties after remission(s): $2,663.98

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
PColeen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
November 20, 2008
r
Steven Wheeler, Manager Town
Town of Lake Lure
PO Box 255
Lake Lure NC 287460255
Subject: NOTICE OF VIOLATION
OV-2008-LV-0549
EMC SOC WQ S07-007
Permit No. N00025381
Lake Lure WWTP
Rutherford County
Dear. Mr. Wheeler:
On October 18, 2007, the Environmental Management Commission entered into the
subject Special Order by Consent (SOC) whereby the subject WWTP was granted relaxed
effluent limitations for BOD, TSS and Fecal Coliform from those imposed by the NPDES Permit,
in exchange for the Town of Lake Lure's commitment to a schedule of wastewater treatment
plant improvements that will return the WWTP to compliance with the terms of the NPDES
Permit. The SOC contains provisions for the assessment of stipulated penalties when modified
limits are exceeded or schedule dates are not met.
A review of Lake Lure WWTP's monitoring report for August 2008 showed the following
violations:
Parameter
Date
Limit Value
Reported
Value
Limit Type
Nitrogen, Ammonia Total
08/31/08
4.3 mg/I
6.42 mg/I
Monthly
(as N)
Average
Exceeded
Coliform, Fecal MF, M-
08/31/08
250
348.16 ##/100ml
Monthly
FC Broth,44.5C
#/100ml
Geometric
Mean
Exceeded
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Lake Lure
November 20, 2008
Page 2
If you have not already done so, you are directed to immediately take whatever remedial
actions are necessary to correct the problems that have led to this violation. Section 3 of the
SOC stipulates that a penalty in the amount of $1000/violation (Monthly Average) and
$500.00/violation (Weekly Average or Daily Maximum) shall be paid for noncompliance with any
modified limit contained in the SOC. However, Section 4 of the SOC Lists circumstances under
which stipulated penalties are not due, essentially stating this provision is applicable when the
Division of Water Quality can be satisfied the non-compliance was caused by events or
circumstances beyond the control of the Town.
If you have information that will prove to the Division that any or all of the criteria set forth in
Section 4 have been met, you must submit this information, in writing, to the Asheville Regional
Office within ten (10) days after your receipt of this notice. In the absence of evidence justifying the
application of the provision within Section 4, this Office will proceed with assessment of stipulated
penalties as provided for in the SOC
If you should have any questions, please do not hesitate to contact Keith Haynes or me at
828/2964500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Enclosure
cc: WQ Central Files
NPDES Unit
ARO SWP
G:\WPDATA\DEMWQ\BIMS TEMPLATES\DMR Fastrack and N0V\N0V-2008-LV-0549.d0c

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 20, 2008
DWQ Project # 08-1636
Jackson County
Steven Pottle and Miriam Dent
1383 Cornell Rd.
Atlanta, GA 30306
Subject Property: Miriam Dent -Buck Knob Island Lot #12
Thorpe Lake (Glenville Lake)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pottle and Ms. Dent:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 930 square feet (0.021 acres) of open waters below normal pool lake level,
and 930 square feet (0.021 acres) above normal pool lake level for the purpose of constructing a rip rap
bulkhead to stabilize 155 linear feet of shoreline at the subject property, as described within your
application dated October 12, 2008 and received by the N.C. Division of Water Quality (DWQ) on
October 28, 2008. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use
Nationwide Permit(s) 30 when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and
Stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Waters
0.021 (acres)
930 sq.ft. below lake level
Waters
0.021 (acres)
930 s .ft. above lake level
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.,ncwaterquality.org FAX [phone]
G\WPDATA\DEMWQ\Jackson\401 s\08-1630entAPPROVAL.doc
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N
Violations of any condition herein set forth may result in revocation of this Certification and may result in'-,,
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
Coleen H. Sullins, Director
Enclosures: GC 3693
Certificate of Completion
cc: 401/Wetlands Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files
Duke Energy -Lake Services -Lisa Leatherman

Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
A ...I
-� Coleen H. Sullins, Director
Division of Water Quality
November 20, 2008
Mr. Tom Hogg
Interim Town Manager
Town of Spindale
Post Office Box 186
Spindale, North Carolina 28160
Subject: Oak Street Pump Station Force Main
Town of Spindale
Permit Number WQ0032292
Rutherford County
Dear Mr. Hogg:
I am writing this letter in support of the project which would replace the remaining
3,100 feet of the Oak- Street Pump Station ductile iron force main. The first part of the force
main was recently replaced by construction of approximately 8,722 linear feet of 12-inch
diameter force main. The original plan was to utilize the remaining 3,100 linear feet of force
as a gravity line. I recommended that the gravity portion of the line be equipped with
conventionally spaced manholes to allow access in event of blockage. When the
deteriorated condition of the line was detected, concern developed about whether it would
withstand the setting of manholes.
It is now proposed to replace the remaining force main with approximately 3,100
linear feet of 15-inch diameter gravity line. This project would have the added benefit of
allowing the abandonment of the old 10-inch diameter gravity line serving Stonecutter
Mills. I fully support such a project and wish you success in securing funding. Time is of
the essence. Given the fragile condition of the old force main, the absence of manholes in
the 3,100 feet of line being used as a gravity line and the fact that the line carries a
substantial volume of the Town's wastewater, the Town of Spindale would be faced with a
very serious situation should an obstruction develop. As always, please do not hesitate to
call me at [phone] if I may be of service.
Sincerely;
Roy M. avis
Environmental Engineer
Xc: Davis Arrowood, Town of Spindale
Vernon Atkinson, Summit Engineering Group, Inc.
G:\WPDATA\DEMWQ\Rutherford\Spindale Collection System\Oak Street PS Force Main-2.08.doc AatuCallna
y
North Carolina Division of Water Quality 2090 U.S, Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.,ncwaterquality.org FAX [phone]
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MEMORANDUM
To: Tracy A.Walter, Bridge Project Planning Engineer
Project Development and Environmental Analysis Branch
NC Department of Transportation
From: Michael R. Parker, NC Division of Water Quality, Asheville Regional Office
Subject: Scoping comments on proposed replacement of Bridge No. 31, NCSR 1308 in Yancey County,
Federal Aid Project No. BRZ-1308(6), WBS Element No. 38621.1.1,
TIP Project No. B-4851
This office has reviewed the correspondence dated October 28, 2008 in which you requested comments
for the referenced project. The Division of Water Quality (DWQ) is responsible for the issuance of the
Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands.
Based on a preliminary review of the project study area, tributaries, wetlands and riparian buffers
associated with the following named stream(s) that could be impacted by the proposed project:
Stream Name
River Basin
Stream
Classification(s)
Stream Index
Number
Brush Creek
French Broad
C-trout
7-2-60
Little Brush Creek
French Broad
C-trout
7-2-60-1
UT to Brush Creek
French Broad
C-trout
7-2-60
DWQ has the following comments:
Project Specific Comments:
1. Brush Creek, Little Brush Creek and associated unnamed tributaries are classified as C-trout
waters of the State. DWQ recommends that the most protective sediment and erosion control
BMPs be implemented to reduce the risk of turbidity violations in trout waters.
2. All appropriated work moratoria shall be followed in accordance with NCWRC recommendations
for Brush Creek, Little Brush Creek and associated unnamed tributaries.
3. Any anticipated dewatering or access structures necessary for construction of bridges should be
addressed in the CE. It is understood that final designs are not determined at the time the CE is
developed. However, the CE should discuss the potential for dewatering and access measures
necessary due to bridge construction.
Nne
orthCar
lvgtyn
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
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B-4851
November 20, 2008
Page 2
4. Any anticipated bank stabilization associated with bridge construction should be addressed in the
CE. It is understood that final designs are not determined at the time the CE is developed.
However, the CE should discuss the potential for bank stabilization necessary due to bridge
construction.
General Comments Regarding Bridge Replacement Projects:
5. The environmental document shall provide a detailed and itemized presentation of the proposed
impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as
required by 15A NCAC 2H.0506(h), it is preferable to present a conceptual (if not finalized)
mitigation plan with the environmental documentation. Appropriate mitigation plans will be
required prior to issuance of a 401 Water Quality Certification.
6. Environmental assessment alternatives shall consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff. These alternatives shall include road designs that
allow for treatment of the storm water runoff through best management practices as detailed in
the most recent version of NC DWQ S'tormwater Best Management Practices, such as grassed
swales, buffer areas, preformed scour holes, retention basins, etc.
After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the NCDOT is respectfully reminded that they will need to demonstrate the
avoidance and minimization of impacts to wetlands (and streams) to the maximum extent
practical. In accordance with the Environmental Management Commission's Rules {I 5A NCAC
2H.0506(h)), mitigation will be required for impacts of greater than 1 acre to wetlands. In the
event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost
functions and values. The NC Ecosystem Enhancement Program may be available for use as
wetland mitigation.
8. In accordance with the Environmental Management Commission's Rules { 15A NCAC
2H.0506(h)}, mitigation will be required for impacts of greater than 150 linear feet to any single
perennial stream. In the event that mitigation is required, the mitigation plan shall be designed to
replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be
available for use as stream mitigation.
9. DWQ is very concerned with sediment and erosion impacts that could result from this project.
NC DOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
10. If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ
believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of
Engineers to determine the required permit(s).
11. If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless
otherwise authorized by the US ACOE. Strict adherence to the Corps of Engineers guidelines for
bridge demolition will be a condition of the 401 Water Quality Certification.
12. Bridge supports (bents) shall not be placed in the stream when possible.

oember 20, 2008
Cage 3
13. Whenever possible, the DWQ prefers spanning structures. Spanning structures usually do not
require work within the stream or grubbing of the streambanks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges allow for human and
wildlife passage beneath the structure, do not block fish passage and do not block navigation by
canoeists and boaters.
14. Bridge deck drains shall not discharge directly into the stream, Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed
scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current
version of NC DWQ Stormwater Best Management Practices.
15. If concrete is used during construction, a dry work area shall be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
16. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species should be planted. When using temporary structures the area
shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush -hogs, or other
mechanized equipment and leaving the stumps and root mat intact allows the area to re -vegetate
naturally and minimizes soil disturbance.
17. Placement of culverts and other structures in waters, streams, and wetlands shall be below the
elevation of the streambedby one foot for all culverts with a diameter greater than 48 inches, and
20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC DWQ for
guidance on how to proceed and to determine whether or not a permit modification will be
required.
18. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided. Stream channel widening at the inlet
or outlet end of structures typically decreases water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage.
19. If foundation test borings are necessary; it should be noted in the document. Geotechnical work
is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey
Activities.
20. Sediment and erosion control measures sufficient to protect water resources must be implemented
_ and maintained in accordance with the most recent version of North Carolina Sediment and
Erosion Control Planning and Design Manual and the most recent version of NCS000250.

B-4851
November 20, 2008
Page 4
21. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise
approved by NC DWQ. Approved BMP measures from the most current version of NCDOT
Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and
other diversion structures should be used to prevent excavation in flowing water.
22. Sediment and erosion control measures shall not be placed in wetlands and streams.
23. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands
in borrow/waste areas could precipitate compensatory mitigation.
24. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of
Wetland Significance (NC -CREWS) maps and soil survey maps are useful tools, their inherent
inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit
approval.
25. Heavy equipment shall be operated from the bank rather than in stream channels in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into streams.
This equipment shall be inspected daily and maintained to prevent contamination of surface
waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials.
26. In most cases, the DWQ prefers the replacement of the existing structure at the same location
with road closure. If road closure is not feasible, a temporary detour should be designed and
located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing
stream banks. If the structure will be on a new alignment, the old structure shall be removed and
the approach fills removed from the 100-year floodplain. Approach fills should be removed and
restored to the natural ground elevation. The area shall be stabilized with grass and planted with
native tree species. Tall fescue shall not be used in riparian areas.
27. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed.
28. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible.
Riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water
Quality Certification requires that appropriate measures be instituted to ensure that water quality
standards are met and designated- uses are not degraded or lost. If you have any questions or require
additional information, please contact Mike Parker at [phone].
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Clarence Coleman, Federal Highway Administration
Marla Chambers, NC Wildlife Resources Commission
Transportation Permitting Unit
Asheville Regional Office Copy

iffis. Joya • Town Administrato
Town • r-
Post Office Box 386
Clyde,•rth Carolina 28721
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Subject: Wastewater Collection System Inspection
Town of Clyde
Permit Number WQ00259
Haywood County
Attached is the report resulting from my November 18, 2008 Town of Clyde
Wastewater Collection System Permit Compliance Evaluation Inspection. The Town of
Clyde is doing a good job of maintenance and operation of its wastewater collection and
the required record keeping. Please extend my appreciation to the staff' doing the work
and the Town Council for providing the necessary resources. I was pleased to learn that
since my last inspection the Town has acquired a closed circuit television camera. You will
find that the Town will experience substantial savings by avoiding unnecessary digging up
of sewers. I also need to mention the fine sewer system map the Town now has.
Since my last inspection the Town has increased water and sewer rates. I
encourage the Clyde Town Council it increase its sewer rates every year by an amount at
least enough to keep up with the annual inflation rate and hopefully even more. The Town
will find that a small annual increase is more palatable than a much larger increase every
few years.
Attached is my idea regarding a collection system annual report. If the report is
satisfactory you can sign and date it and in some fashion get it before the resident of
Clyde. One option is posting the report at the Town Hall, A copy needs to be submitted to
the:
PERCS Unit
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NorthCarolina
Nahmilly
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
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Our records still show Walter Southerland as backup Collection System Operat
Responsible Charge for the Town of Clyde. Please submit the attached Designation
to the address indicated designating Rickie Evans as the backup Collection System
Operator in Responsible Charge.
I very much appreciate the job Clyde is doing in maintaining its collection system.
Please do not hesitate to call me at [phone] should you have need to discuss
matters relating to the Town's wastewater collection system.
Sincerely,
Roy �MD vis
Environmental Engineer
Xc: Charlie Palmer, CSORC, Town of Clyde
PERCS Unit Central Files
Surface Water Protection Section Central Files
Steve Reid (Without Attachment)
G-.\WPDATA\DEMWQ\Haywood\Clyde Collection System\lnspection Cover Letter.08.doc

ANNUAL REPORT-2008
TOWN of CLYDE
WASTEWATER COLLECTIOU SYSTE
The Town of Clyde, located in Haywood County, maintains and operates
its wastewater collection system under the provisions of permit number
WQCS00259. The collection system consists of approximately 12 miles of
gravity sewers, a single duplex pump station and 0.18 miles of force main with
the discharge of the collected wastewater to the Junaluska Sanitary District. The
collection system serves residents of the Town of Clyde.
During 2008 the Town experienced one sewer blockage which resulted in
the loss of a small volume of wastewater which did not reach a stream. Each
year the Town cleans approximately 10 % of its gravity lines in order to remove
material before it can cause a sewer obstruction.
Anyone wishing to discuss the maintenance and operation of the Clyde
wastewater collection system should call Charles Palmer, Jr., Maintenance
Superintendent at (8280627-2566.
This report is submitted by Joy Garland, Town Administrator, and is
certified to be accurate and, complete to the best of my knowledge and belief.

Water Pollution Control System OperatorDesignation For
WPCSOCC
NCAC 15A 8G .0201
Perrrnit-tee Owner/Officer Name:
Mailing Address:
City: State: Zip: - Phone #:
Signature: Date:--
............. ....... ................ .............. ................................. ..... a..........................................
Facility Name: Permit #:
SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM!
Facility Type & Grade:
Type Grade Type Grade
Biological WWTP Surface Irrigation N/A
Physical/Chemical Land Application N/A
Collection System
........................................................................................................................................... ,
Operator in Responsible Charge (ORC);
Print Full Name:
Certificate Type / Grade / Number:
Work Phone #:
Signature: Date:
"I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the
rules and regulations pertaining to the responsibilities, of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so. can result in.
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission."
.............................................................................................................................................
Back -Up Operator in Responsible Charge (BU ORC)
Print Full Name:
Certificate Type / Grade / Number: Work Phone #:
Signature: Date:
"I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by
the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can
result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission."
...............................................................................................................................................
Mail or Fax to: WPCSOCC
_ 1618 Mail Service Center
Raleigh, NC 27699-1618
Fax: [phone]
_. _ .. ------
(See next page for designation of additional back-up operators. Designation of more than one back-up operator is optional.)
Revised 8-2007

Compliance Inspection Report
,snit: WQCS00259 Effective: 02/18/08 Expiration: 01/31/13 Owner: Town of Clyde
SOC: Effective: Expiration: Facility: Clyde Collection System
County: Haywood PO Box 386
Region: Asheville
Clyde NC 28721
Contact Person: A R Leatherwood Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
NC0021741 Town of Clyde - Clyde, Town / WWfP
Inspection Date, 11/18/2008 Entry Time: 09:00 AM Exit Time: 1 1:00 AM
Primary Inspector: Roy M Davis Phone: [phone]
Secondary Inspectors): RYY Ext.4659
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: 11 Compliant D Not Compliant
Question Areas:
Miscellaneous Questions Performance Standards Operation & Maint Regmts 0 Records
Monitoring & Rpting Inspections
Reqmts
(See attachment summary)
Page: 1

Permit:WQCo00e59 owner ' Facility: Town mClyde
Inspection Date: 11/18/2008 Inspection Type: Compliance Evaluation Reason on for Visit: Routine
Inspection Summary:
The needs �
The Town ofC�deiodoing a oodjob cf / "
submit uCollection System ORC.Backup UMGDao| tForm. The Collection systemmap needs additional
information. The Town needs to maintain records ofthe semi-annual inspection ofits high priority lines.
Page: 2

Permit: WQCS00259 Owner - Facility: Town of Clyde
_;pection Date: 11/18/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Performance Standards Yes No NA PIE
Is Public Education Program for grease established and documented? ❑ ❑! ❑
What educational tools are used?
Newsletter.
Is Sewer Use Ordinance/Legal Authority available? ❑ ❑ ❑
Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ❑
Is Grease.Trap Ordinance available? ❑ ❑ ❑
Is Septic Tank Ordinance available (as applicable, i.e. annexation) ❑ ❑ ❑
List enforcement actions by permittee, if any, in the last 12 months
None.
Has an acceptable Capital Improvement Plan (CIP) been implemented?
0
❑ ❑ ❑
Does CIP address short term needs and long term \"master plan\" concepts?
❑ ❑
❑
Does CIP cover three to five year period?
❑ ❑
❑
Does CIP include Goal Statement?
❑ ❑
❑
Does CIP include description of project area?
❑ ❑
❑
Does CIP include description of existing facilities?
13
❑ ❑
❑
Does CIP include known deficiencies?
M
❑ ❑
❑
Does CIP include forecasted future needs?
m
❑ ❑
❑
Is CIP designated only for wastewater collection and treatment?
in
❑ ❑
❑
Approximate'capital improvement budget for collection system?
$245,000.00
Total annual revenue for wastewater collection and treatment?
$228,000.00
CIP Comments
Good CIP.
Is system free of known points of bypass?
❑ ❑
❑
If no, describe type of bypass and location
NA
Is a 24-hour notification sign posted at ALL pump stations?
®
❑ ❑
❑
# Does the sign include:
Instructions for notification?
❑ ❑
❑
Pump station identifier?
®❑
❑
❑
24-hour contact numbers
®
❑ ❑
❑
If no, list deficient pump stations
None
Page: 3

Permit: WQCS00259 owner - Facility: Town of Clyde
Inspection Date: 11/18/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine \
# Do ALL pump stations have an "auto polling" feature/SCADA? n n
Number of pump stations 1
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry 1
Number of pump stations that have only audible and visual alarms 0
Number of pump stations that do not meet permit requirements 0
# Does the permittee have a root control program? In n
# If yes, date implemented?
Describe:
Comment:
Inspections
Yes
No
NA
NE
Are maintenance records for sewer lines available?
Are records available that document pump station inspections?
Are SCADA or telemetry equipped pump stations inspected at least once a week?
00
n
n
Are non-SCADA/telemetry equipped pump stations inspected every day?
n
n
0
n
Are records available that document citizen complaints?
n
In
n
# Do you have a system to conduct an annual observation of entire system?
n
❑
0
# Has there been an observation of remote areas in the last year?
n
n
Are records available that document inspections of high -priority lines?
n
n
n
Has there been visual inspections of high -priority lines in last six months?
n
❑
n
Comment: .
Operation & Maintenance Requirements
Yes
No
NA
NE
Are all log books available?
n
n
n
Does supervisor review all log books on a regular basis?
n
n
n
Does the supervisor have plans to address documented short-term problem areas?
n
n
n
What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas?
As needed.
Are maintenance records for equipment available?
n
Is a schedule maintained for testing emergency/standby equipment?
WOOD
What is the schedule for testing emergency/standby equipment?
Generator -weekly
Page: 4

rermit: VVQCS00259 Owner - Facility: Town of Clyde
iection Date: 11/18/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Do pump station logs include:
Inside and outside cleaning and debris removal?
❑ ❑
❑
Inspecting and exercising all valves?
❑ ❑
❑
Inspecting and lubricating pumps and other equipment?
❑ ❑
❑
Inspecting alarms, telemetry and auxiliary equipment?
❑ ❑
❑
Is there at least one spare pump for each pump station w/o pump reliability?
❑
❑
❑
Are maintenance records for right-of-ways available?
❑
❑ M
❑
Are right-of-ways currently accessible in the event of an emergency?
❑ ❑
❑
Are system cleaning records available?
❑ ❑
❑
Has at least 10% of system been cleaned annually?
❑ ❑
❑
What areas are scheduled for cleaning in the next 12 months?
Is a Spill Response Action Plan available?
❑ ❑
❑
Does the plan include:
24-hour contact numbers
❑ ❑
❑
Response time
❑ ❑
Equipment list and spare parts inventory
❑ ❑
❑
Access to cleaning equipment
❑ ❑
❑
Access to construction crews, contractors, and/or engineers
❑ ❑
❑
Source of emergency funds
❑
❑ ❑
Site sanitation and cleanup materials
❑
M ❑
❑
Post-overflow/spill assessment
❑ ❑
❑
Is a Spill Response Action Plan available for all personnel?
❑ ❑
❑
Is the spare parts inventory adequate?
❑ ❑
❑
Comment:
Records
Yes
No NA
NE
Are adequate records of all SSOs, spills and complaints available?
m
❑ ❑
❑
Are records of SSOs that are under the reportable threshold available?
m
❑ ❑
❑
Do spill records indicate repeated overflows (2 or more in 12 months) at same location?
❑
®❑
❑
If yes, is there a corrective action plan?
❑
❑ ■
❑
Is a map of the system available?
■
❑ ❑
❑
Page: 5

Permit: WQCS00259 Owner - Facility: Town of Clyde
Inspection Date: 11/18/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Does the map include:
Pipe sizes
El
m 0 0
Pipe materials
El
m El n
Pipe location
C) In In
Flow direction
0 0
Approximate pipe age
Number of service taps
0 Cj iF1
Pump stations and capacity
0
rl 0
If no, what percent is complete?
70
List any modifications and extensions that need to be added to the map
See above
# Does the permittee have a copy of their permit?
Comment:
Monitoring and Reporting Requirements
Yes
No NA NE
Are copies of required press releases and distribution lists available?
0
n M 0
Are public notices and proof of publication available?
0
n N n
# Is an annual report being prepared in accordance with G.S. 143-215.1 C?
m
El ❑ f]
# Is permittee compliant with all compliance schedules in the permits?
n
If no, which one(s)?
NA
Comment:
Page: 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary
l� North Carolina Department of Environment and Natural Resources
.Aa:;
Coleen H. Sullins, Director
4=!W Division of Water Quality
November 21, 2008
DWQ Project # 08-1464
Avery County
Buddy Norris, Solid Waste Director
Avery County
Post Office Box 305
Newland, North Carolina 28657
Subject Property: Avery County Landfill Expansion
UT to Brushy Creek (FRB06, 7-2-29, C;Tr)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Norris:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.004 acres of wetlands and 408 feet of
intermittent streams for the purpose of expansion of the Avery County Solid Waste
Landfill at the subject property, as described within your application received by the
N.C. Division of Water Quality (DWQ) on September 24, 2008. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non -discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
North Carolina
Iyaturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet; www..ncwaterquality.org FAX [phone]
GAWPDATA\DEMWQWvery\401 s\08-1464.AveryCountyLandfill.Approval.doc
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper

Avery
N
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Approved
Plan Location or
(Units)
Reference
Stream
408 (feet)
UT to Brushy Creek
404/LAMA
0.004 (acres)
Wetlands
Wetlands
2. Compensatory Mitigation (Final Plan Needed)
As the submitted mitigation is the restoration / enhancement of a stream
impacted from the land disturbing activities on -site, this is not suitable mitigation
for the proposed impacts. Mitigation must be provided for the proposed impacts
as specified in the table below. A final compensatory mitigation plan must be
approved in writing by this Office before any of the impacts approved herein are
conducted. Additionally, the compensatory mitigation plan must be completely
constructed and implemented according to the plans approved by this Office
before any permanent building or road associated with the project is occupied or
opened. The mitigation must be maintained according to the approved plan and
permanently protected by the use of conservation easements or similar
protections. Any repairs or adjustments to the mitigation site must be made
according to the approved plan or must receive written approval from this Office
to make the repairs or adjustments.
Compensatory Credit Mitigation Required
Stream
204 (linear feet) (0.5:1 ratio multiplier added)
Wetlands
0.004 (acres)
3. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
4. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre -
Construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.

Avery County Landfill
Page 3 of 4
November 21, 2008
.o Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
6. Trout Moratorium
The stream is a Class C Trout Waters. In order to protect downstream uses for
Class C Trout Waters a requirement of this Certification is that any additional
work conducted within the stream may not occur between the dates of October
15 through April 15.
7. Sediment Removal
All sediment within the perennial section of the UT to Brushy Creek shall be
removed and the impacted area returned to the original grade, including each
stream's original cross sectional dimensions, planform pattern, and longitudinal
bed and bed profile by May 15, 2009 and the various sites shall be stabilized with
natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

Avery c
November
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
t Coleen H. Sullins, Director
CHS/khb
Enclosures: GC 3705
Certificate of Completion
cc: Phil May,
Carolina Ecosystems, Inc.
8208 Brian Court
Garner, NC 27529
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Filename: 08-1464.AveryCountyLandfill.Approval

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
rColeen
H. Sullins, Director
-
Division of Water Quality
'C
9i
Asheville Regional Office
November 21, 2008
Lisa Foster -Morrow
Continental Automotive Systems .
One Quality Way
Fletcher, NC 28732
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Continental -Henderson Plant
Permit No: NCG030572
Henderson County
Dear Ms. Foster -Morrow:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
November 20, 2008. The facility was found to be in compliance with permit NCG030572.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at [phone] or chttck.cranford a,ncmail.net, if I can be of any further
assistance.
Sincerely,
Chuck Cranford
Enclosure
cc: Central Files
Asheville Files
One
NorthCarolina
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 877-623-6748 'VGltlli6lllf
G:\WPDATA\DEMWQ\Henderson\S.tort iwater Fabricated Metal NCG03\ContinentalTeves CEI l 1-20-08.doc

Compliance Inspection Report
;rmit: NCG030572 Effective: 06/06/08 Expiration: 10/31/12 Owner: Continental
SOC: Effective: Expiration: Facility: Continental -Henderson Plant
County: Henderson One Quality Way
Region: Asheville
Fletcher NC 28732
Contact Person: Lisa Foster Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 11/20/2008 Entry Time: 12:30 PM Exit Time: 01:30 PM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Metal Fabrication Stormwater Discharge COC
Facility Status: 0 Compliant 0 Not Compliant
Question Areas:
0 Storm Water
(See attachment summary)
Page: 1

Permit: NGG030572 Owner - Facility: Continental
Inspection Date: 11/20/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
DWQ staff was met on site by Lisa Foster -Morrow. A tour was conducted of the exterior of the facility, where stormwater
conveyances and outfalls and site conditions were observed. During the visit, the SPPP manual was reviewed,
operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as
pertaining to the most recent permit version. At the time of the inspection the site was found to be in compliance with the
permit. The inspector noted that the facility appears to maintain good housekeeping practices and records were found to
be in good order.
The site is a good candidate for a No Exposure Certification, if areas of pallet, dumpster and equipment storage were
roofed.
The permittee has applied for representative outfall status. The inspector supports the monitoring change. Upon
evaluating the facility's stormwater drainage areas and conveyances, it was determined that Outfalls 1 and 4 suffuciently
represent the stormwater discharges of the site.
Page: 2

Permit: NCG030572 owner - Facility: Continental
inspection Date: 11/20/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
Cl 0
0
# Does the Plan include a General Location (USGS) map?
n
0
0
# Does the Plan include a "Narrative Description of Practices"?
1)
0
0
# Does the Plan include a detailed site map including outfall locations and drainage areas?
0
0
0
# Does the Plan include a list of significant spills occurring during the past 3 years?
0.
n
f1
# Has the facility evaluated feasible alternatives to current practices?
0
0
n
# Does the facility provide all necessary secondary containment?
0
0
lo)
# Does the Plan include a BMP summary?
n
❑
1)
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
[]
n
n
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
0
0
0
# Does the facility provide and document Employee Training?
0
0
0
# Does the Plan include a Fist of Responsible Party(s)?
# Is the Plan reviewed and updated annually?
0
0
# Does the Plan include a Stormwater Facility Inspection Program?
0000
Has the Stormwater Pollution Prevention Plan been implemented?
0
111
n
Comment:
Qualitative Monitor n
Yes No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
Comment: New permit as of June 2008. Permittee within grace period for sampling.
Analytical Monitoring
Yes No
NA
NE
Has the facility conducted its Analytical monitoring?
n im
00
#_Has_the.facility condu�ed its Analytical_monitoring_from Vehicle Maintenance areas?
Q
n
Ei
Comment: New permit as of June 2008. Permittee within grace period for sampling.
Permit and Outfalls
Yes No
NA
NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
0
00
# Were all outfalls observed during the inspection?
# If the facility has representative outfall status, is it properly documented by the Division?
❑
# Has the facility evaluated all illicit (non Stormwater) discharges?
Comment: Facility has applied for repsresentative outfall status. The inspector
supports such a change.
Page: 3

Michael F. Easley, Governor
State of North Carolina
William G. Ross, Jr., Secretary
�- Department of Environment and Natural Resources
y
�- Coleen H. Sullins., Director
Division of Water Quality
November 21, 2008
Lisa Foster -Morrow
Continental Automotive Systems
One Quality Way
Fletcher, NC 28732
Subject: Representative Outfall Status Request
NPDES Stormwater Permit
Permit No: NCG030572
Continental -Henderson Plant
Henderson County
Dear Ms. Foster -Morrow:
Asheville Regional Office staff have reviewed your Representative Outfall Status Request dated November 20,
2008 for stormwater discharges related to NPDES NCG030572 held by Continental Automotive Systems facility
at I Quality Way, Fletcher, NC.
Based on the information provided and the site visit and evaluation conducted on November 20, 2008, your
request is approved. In accordance with 40 CFR § 122.2 1 (g)(7), you are authorized to sample stormwater
discharge outfall (SDO) numbers 1 and 4 as representative of facility stormwater discharges. This approval is
effective with the next sampling event. We also want to remind you that the permit still requires Qualitative
Monitoring be performed at all SDOs, regardless of representative status.
Please remember that any actions you initiate in response to benchmark exceedances as directed in the tiered
response provisions of your permit must address all drainage areas represented by SDO 1 and 4, as appropriate.
Please append this letter to your Stormwater Pollution Prevention Plan (SPPP) or permit to document that
representative outfall status has been approved. If changes in drainage areas, structures, processes, storage
practices, or other activities occur that significantly alter the basis of this approval, representative outfall status
may no longer be valid. You should either resume sampling at all SDOs, or reapply to this office for
representative outfall status based on updated information. If you have any questions or comments concerning
this letter, please contact Chuck Cranford at [phone] or at [e-mail].
Sincerely,
.. mil.
Roger Edwards
Regional Supervisor
Surface Water Protection
cc: ARO files
Central Office/Stormwater Permitting Unit
Central Files
NorthCarolina
,Vat ally
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
G:\WPDATA\DEMWQ\Henderson\Stormwater Fabricated Metal NCG03\ContinentalTeves ROS Letter 11-20-08.doc

A
November 21., 2008
Mr. Martin Lashua, Regional Manager
Carolina Water Service of NC
Utilities Inc. Water
PO Box 240908
Charlotte NC, 28224-0908
SUBJECT: Compliance Evaluation Inspection
Bear Paw WWTP
Permit No: NCO023001
Cherokee County
Dear Mr. Lashua:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on November 13, 2008. The facility was found to be in Compliance with
permit N00023001.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Phillip Murphy, ORC
Central Files
Asheville Files - GAWPDATA\DEMWQ\Cherokee\23001 Bear Paw\23001 CEI 2008.doc
Noonreth Carolina
Nah(rally
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency Form Approved.
Washington, D.C. 20460
OMB No. 2040-0057 \
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 11 NCO023001 Ill 121 08/11/13 117 18I rl 19u 201 I
Remarks 1_ J i®
211 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I I I I I I L IiIan L I I I I I I 116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------
671 l . o 169 70I 3 711 1 721 NI 73� 74 751 I I I 180
�a Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
01:00 PM 08/11/13 07/11/01
Bear Paw WWTP
100 M Below xiwassee Dam Exit Time/Date Permit Expiration Date
Murphy NC 28906 02:00 PM 08/11/13 12/08/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Phillip K Murphy/ORC/828-644-5066/
Name, Address of Responsible Official/Title/Phone and Fax Number
Phillip Murphy,PO Box 240908 Charlotte NC Contacted
282240908//704-525-7990/7045258174 No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ® Operations & Maintenance ® Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
6 0
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (cont. 1
NCO023001 11 12f 08/11/13 I17 181CI
LJ
Section D: Summary of Find ing/Cornments (Attach additional sheets of narrative and checklists as necessary)
Treatment Units / Process Control Testing / Effluent Data:
This facility consists of a package plant.
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 8-20-2008 by Janet Cantwell
The permit expires on 8/31/2012. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report was been filed for 2007. The 2008 report is due March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The operator, Mr. Phillip Murphy, was on -site during the inspection and is doing an excellent
job.
Page # 2

Permit: NCO023001 Owner - Facility: Bear Paw VWVTP
Inspection Date: 11/13/2008 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
D
.
Is the facility as described in the permit?
❑
❑
❑
# Are there any special conditions for the permit?
❑
❑
❑
Is access to the plant site restricted to the general public?
❑
❑
❑
Is the inspector granted access to all areas for inspection?
❑
❑
❑
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
❑
❑
❑
Are surface aerators and mixers operational?
❑
❑
N
❑
Are the diffusers operational?
❑
❑
❑
Is the foam the proper color for the treatment process?
❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
❑
❑
❑
Is the DO level acceptable?
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
®❑
n
n
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
N
❑
Cl
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
n
❑
N
n
Are weirs level?
®❑
❑
❑
Is the site free of weir blockage?
❑
❑
❑
Is the site free of evidence of short-circuiting?
®❑
n
n
Is scum removal adequate?
®❑
❑
❑
Is the site free of excessive floating sludge?
®❑
❑
❑
Is the drive unit operational?
❑
❑
0
❑
Is the return rate acceptable (low turbulence)?
®❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
❑
Cl
❑
Is the sludge blanket level acceptable? (Approximately''/4 of the sidewall depth)
®❑
❑
❑
Page. # 3

Permit: NCO023001 Owner - Facility: Bear Paw WWTP
,action Date: 11/13/2008 inspection Type: Compliance Evaluation
Secondary Clarifier
Yes
No
NA
NE
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
D
0
13
Are the receiving water free of foam other than trace amounts and other debris?
D
D
U
If effluent (diffuser pipes are required) are they operating properly?
D
L
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
(l
0
0
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge
Judge, and other that are applicable?
Comment:
Page # 4

4 iZ I
1 ;�Ii
lig 11� 111 11171 A
121'1• - • �_11
Mr. Belvin Hall, Assistant Director of Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
SUBJECT: Compliance Evaluation Inspection
Leicester Elementary School
Permit No: NCO066796
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on November 17_2008. The facility was found to -be in Compliance with
permit NC0066796.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Enclosure
Sincerely,
J pi
Wanda P. Frazier
Environmental Specialist
cc: Ken Henson, ORC - RPB Systems, Inc.
Bob Barr - RPB Systems, Inc.
Central Files
n
Asheville Files - G:\�/VPDATA\DEMWQ\Buncombe\66796 Leicester Elementary\66796 CEI 2008.doc NoorethCarolina
A1744rally
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency Form Approved. \
Washington, D.C. 20460 OMB No. 2040-0057
EPA
EPA
water Coln �IaliCe fi1S eCtl®n �e ®6� Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NJ . 2 151 .31 NCO066796 111 121 08/11/17 117 181 rl 191 SI 20I 1
t�
Remarks 66
2111111111IIIIIIIIIIIIIIII11 IIIIIIIIIIIILLLLL LJ
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ----------------------
671 1, 0 69 701 3) 711 1 721 NJ 73 74 711 1 1 1 1 1 1 1 80
�+
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
02:30 PM 08/11/17 06/02/01
Leicester Elementary School
NCSR 1615 Gilbert Rd
Exit Time/Date Permit Expiration Date
Leicester NC 28748
03:30 PM 08/11/17 10/12/31
Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official[Title/Phone and Fax Number
Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit E Operations & Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
� N
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (cont. ? 1
NCO066796 '11 12� 08/11/17 I17 18N
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Treatment Units /Process Control Testing / Effluent Data:
This facility consists of a septic tank and sand filter system. There are no audible or
visible alarms present.
The effluent data was as follows:
Chlorine = 35 ug/I
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 2-28-2007 by Janet Cantwell.
The permit expires on 12/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report was filed for 2008. The 2008 report is due March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The operator, Mr. Ken Henson, was on -site during the inspection and is doing an excellent job.
Page # 2

Permit: NC0066796 Owner - Facility: Leicester Elementary School
Inspection Date: 11/17/2008 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
n
D
m
n
Is the facility as described in the permit?
11
n
n
n
# Are there any special conditions for the permit?
C)
n
n
Is access to the plant site restricted to the general public?
M
n
0
n
Is the inspector granted access to all areas for inspection?
n
n
n
Comment:
Septic Tank
Yes
No
NA
NE
(If pumps are used) Is an audible and visual alarm operational?
n
®
m
0
Is septic tank pumped on a schedule?
n
n
n
Are pumps or syphons operating properly?
M
n
D
n
Are high and low water alarms operating properly?
n
n
mn
Comment:
Sand Filters (Low rate)
Yes
No
NA
NE
(If pumps are used) is an audible and visible alarm Present and operational?
n
❑
M
n
Is the distribution box level and watertight?
00
Q
n
Is sand filter free of ponding?
n
n
n
Is the sand filter effluent re -circulated at a valid ratio?
n
n
M
n
# Is the sand filter surface free of algae or excessive vegetation?
n
n
n
# Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1)
n
n
m
n
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
❑
n
n
Are the tablets the proper size and type?
®
n
n
n
Number of tubes in use?
1
Is the level of chlorine residual acceptable?
00
n
n
Is the contact chamber free of growth, or sludge buildup?
n
n
n
Is there chlorine residual prior to de -chlorination?
®❑
n
n
Comment:
_
Yes
No
NA
NE
Type of system ? Tablet
Page # 3

Permit: NCO066796 Owner - Facility: Leicester Elementary School
,ction Date: 11/17/2008 Inspection Type: Compliance Evaluation
.je-chlorination
Yes
No
NA NE
Is the feed ratio proportional to chlorine amount (1 to 1)?
El
El
0 0
Is storage appropriate for cylinders?
D
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
n
❑ n
Are tablet de -chlorinators operational?
Number of tubes in use?
3
Comment:
Effluent Pipe
Yes
No
NA NE
Is right of way to the outfall properly maintained?
0
0 n
Are the receiving water. free of foam other than trace amounts and other debris?
D 0
If effluent (diffuser pipes are required) are they operating properly?
n
0
Comment:
Operations & Maintenance
Yes
No
NA NE
Is the plant generally clean with acceptable housekeeping?
0
00
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑
Judge, and other that are applicable?
Comment:
Page # 4

Asheville Regional Office
November 21, 2008
Mr. Belvin Hall, Assistant Director of Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
SUBJECT: Compliance Evaluation Inspectior
Fariview Elementary School
Permit No: NCO066788
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on November 17, 2008. The facility was found to be in Compliance with
permit NC0066788.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Ken Henson, ORC - RPB Systems, Inc.
Bob Barr - RPB Systems, Inc.
Central Files
Asheville Files - GAWPDATA\DElVlWQ\Buncombe\66788 Fariview Elementary\66788 CEI 2008.doc N.AhCa,,Ii.a
Natumily
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water CoM IlanCe Ins eCtiOn Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 N 2 5 31 U1 I NC0066788 Ill 12 08/11/17 17 18 C 19IfS 20��
I I
Remarks
216
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA---------------------------Reserved---------------------
67I 1. o ! 69 701 3 I 711 1 721 N I 73 I�tI.�l 174 751 I I 1 I I�� 80
�P I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
12:20 PM 08/11/17
06/01/01
Fairview Elementary School
Exit Time/Date Permit Expiration Date
1355 Charlotte Hwy
Fairview NC 26730
01:15 PM 08/11/17 10/12/31
Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official(Title/Phone and Fax Number
Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance M Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
f * C✓Lr U i 2 7 a '8
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
e AA
l
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
11
Page # 1

NPDES yr/mo/day Inspection Type (cont. 1
NCO066788 I11 12I� 08/11/17 17 18I C�
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Treatment Units / Process Control Testing / Effluent Data:
This facility consists of a Purestream metal package plant.
The activated sludge aeration basin process control data was as follows:
Temperature = 13.4 degrees Celcius
pH = 6.95 units
Dissolved Oxygen = - 1.0 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/l.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal
dissolved oxygen levels.
Settleable Solids = 400/1000 ml/I = 40%
The excess solids were pumped on 12/14/2008.
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately.equal to the percentage volumes occupied by the settleable solids
from the aeration basin after settling for 30 minutes in a settleometer. For example, a
settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping
rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant
cannot handle that return sludge pumping rate, then wasting is probably recommended, unless
the sludge is too young.
The effluent data was as follows:
Dissolved Oxygen = —1.0 mg/I
pH = 6.95 units
Temperature = 13.4 degrees Celcius
Chlorine = 22 ug/I
The operator uses a Hach DR 2800 spectrophotometer to analyze the total residual chlorine.
Page # 2

Permit: NCO066788
Inspection Date: 11/17/2008
owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
Records &Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 2-28-2007 by Janet Cantwell.
The permit expires on 12/31 /2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report was filed for 2007. The 2008 report is due March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The operator, Mr. Ken Henson, was on -site during the inspection and is doing an excellent job.
Flow measurement:
The flow measuring device consists of an effluent 60 degree v-notch weir plate and a Stevens
model 61 R chart flow meter with totalizer. The meter was calibrated on 8-20-2008.
Page # 3

armit: NCO066788 owner - Facility: Fairview Elementary School
son Date: 11/17/2008 Inspection Type: Compliance Evaluation
-rmit
Yes No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑ ❑
❑
Is the facility as described in the permit?
❑
❑
❑
# Are there any special conditions for the permit?
❑ N
❑
it
Is access to the plant site restricted to the general public?
IND
❑
❑
Is the inspector granted access to all areas for inspection?
❑
❑
❑
Comment:
Bar Screens
Yes No
NA NE
Type of bar screen
a.Manual
b.Mechanical
n
Are the bars adequately screening debris?
N ❑
D
❑
Is the screen free of excessive debris?
m ❑
❑
❑
Is disposal of screening in compliance?
N❑
❑
❑
Is the unit in good condition?
■ ❑
❑
❑
Comment:
Equalization Basins
Yes No
NA
NE
Is the basin aerated?
■ ❑
❑
❑
Is the basin free of bypass lines or structures to the natural environment?
■ ❑
❑
❑
Is the basin free of excessive grease?
❑
®
❑
Are all pumps present?
■ ❑
❑
❑
Are all pumps operable?
■ ❑
❑
Cl
Are float controls operable?
m ❑
❑
fai
Are audible and visual alarms operable?
■ ❑
❑
❑
# Is basin size/volume adequate?
■ ❑
❑
❑
Comment:
Aeration Basins
Yes No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■ ❑
❑
❑
Are surface aerators and mixers operational?
❑ ❑
■
❑
Page # 4

Permit: NCO066788 Owner - Facility: Fairview Elementary School
Inspection Date: 11/17/2008 Inspection Type: Compliance Evaluation
\'
Aeration Basins
Yes
No
NA
NE
Are the diffusers operational?
0
0
D
Is the foam the proper color for the treatment process?
0
[1
0
Does the foam cover less than 25% of the basin's surface?
Li
n
n
Is the DO level acceptable?
El
0
El
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Cl
D
0
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
El
0
M
0
Are weirs level?
0
C3
n
Is the site free of weir blockage?
0
Q
0
Is the site free of evidence of short-circuiting?
n
E
Is scum removal adequate?
®
C1
0
0
Is the site free of excessive floating sludge?
fl
Is the drive unit operational?
0
0
El
Is the return rate acceptable (low turbulence)?
n
Is the overflow clear of excessive solids/pin floc?
®
0
❑
Q
Is the sludge blanket level acceptable? (Approximately''/4 of the sidewall depth)
0
0
Q
Comment:
Standby Power
Yes
No
NA
NE
Is automatically activated standby power available?
®❑
n
0
Is the generator tested by interrupting primary power source?
®
El
0
0
Is the generator tested under load?
®❑
❑
Q
Was generator tested & operational during the inspection?
®
Q
❑
Q
Do the generator(s) have adequate capacity to operate the entire wastewater site?
®
®
0
Is there an emergency agreement with a fuel vendor for extended run on back-up power?
Is the generator fuel level monitored?
❑
Q
®
Q
Comment: The fuel source was recently converted from the on -site storage tank for
propane to a service line for natural gas.
Disinfection -Tablet
Yes
No
NA
NE
Page # 5

ermit: NCO066788 Owner - Facility: Fairview Elementary School
„[ion Date: 11/17/2008 Inspection Type: Compliance Evaluation
..,Isinfection-Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
n
n
D
Are the tablets the proper size and type?
n
n
n
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
M
n
®
n
Is the contact chamber free of growth, or sludge buildup?
n
n
n
Is there chlorine residual prior to de -chlorination?
n
n
n
Comment:
De -chlorination
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
M
n
n
n
Is storage appropriate for cylinders? ,
n
0
M
n
# Is de -chlorination substance stored away from chlorine containers?
n
n
n
Comment:
Are the tablets the proper size and type?
n
n
n
Are tablet de -chlorinators operational?
m
n
❑
n
Number of tubes in use?
3
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
El
n
Are the receiving water free of foam other than trace amounts and other debris?
®❑
❑
n
If effluent (diffuser pipes are required) are they operating properly?
0
n
■
0
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
n
Q
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
n
011
Judge, and other that are applicable?
Comment:
Page # 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
;!� !11111i 11,111 X� 431!11',; j;
W
Mr. Belvin Hall, Assistant Director of Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
SUBJECT: Compliance Evaluation Inspection
Cane Creek Elementary School
Permit No: NCO086436
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on November 17, 2008. The facility was found to be in Compliance with
permit NC0086436.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Ken Henson, ORC - RPB Systems, Inc.
Bob Barr - RPB Systems, Inc.
Central Files
Asheville Files - GAWPDATA\DElVlWQ\Buncombe\86436 Cane CreekN86436 CEI 2008.doc
n
NooAhCarolina
Aati(rally
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency Form Approved.
�� Washington, D.C. 20460 OMB No. 2040-0057
Water Approval expires 8 31 98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 3I NCO086436 I11 121t 08/11/17 117 18ICI 19ISI 20� II
Remarks
21I � � I � I � � I I i � I � i! ' I I � I � � � �I6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
671 1.0 69 70I� 71 �I 72 I N I 73L_ij 74 751 I I I_ I `` I 1180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:30 AM 08/11/17 06/02/01
Cane Creek Elementary School
570 Lower Brush Creek Rd
Exit Time/Date Permit Expiration Date
Fletcher NC 28732
12:10 PM 08/11/17 10/12/31
Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
1114dazIly'l-a
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (cont. 1
NCO086436 I11 12I 08/11/17 117 18I d
Section D: Summary of Finding/Cromments (Attach additional sheets of narrative and checklists as necessary)
Treatment Units / Process Control Testing / Effluent Data:
This facility consists of a Prowater Inc. package plant. The plant is less than 10 years old
and is now showing some signs of corrosion and rust on the exposed surfaces. To prevent further
damage, these areas need to be sanded and repainted.
The bar screen bars a wider apart than usual, however the operator is able to routinely remove
debris as needed, therefore no further action is recommended.
The activated sludge aeration basin process control data was as follows:
Temperature = 14.4 degrees Celcius
pH = 6.98 units
Dissolved Oxygen = —1.0 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal
dissolved oxygen levels.
Settleable Solids = 330/1000 ml/I = 33%
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately equal to the percentage volumes occupied by the settleable solids
from the aeration basin after settling for 30 minutes in a settleometer, For example, a
settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping
rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant
cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the
sludge is too young.
The effluent data was as follows:
Dissolved Oxygen = —1.0 mg/I
pH = 6.98 units
Temperature = 14.4 degrees Celcius
Chlorine = 40 ug/I (taken straight out of the dechlor dispenser, prior to post aeration)
Page # 2

Permit: NCO086436
Owner - Facility: Cane Creek Elementary School
Inspection Type: Compliance Evaluation
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 2-28-2007 by Janet Cantwell.
The permit expires on 12/31/2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The Annual. Performance Report was filed for the 2007. The 2008 report is due by March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The operator, Mr. Ken Henson, was on -site during the inspection and is doing an excellent job.
Flow Measurement:
The flow measuring device consists of an effluent v-notch weir plate and a Stevens model 61 R
chart flow meter with totalizer. The meter was recently calibrated on 8-20-2008.
Standby Power:
The emergency generator is a Kohler Power System and was exercised during the inspection.
Page # 3

rermit: NC0086436 Owner - Facility Cane Creek Elementary School
Edon Date: 11/17/2008 Inspection Type: Compliance Evaluation
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
E
❑
Is the facility as described in the permit?
0
❑
❑
❑
# Are there any special conditions for the permit?
❑
E
❑
❑
Is access to the plant site restricted to the general public?
0
D
Cl
❑
Is the inspector granted access to all areas for inspection?
❑
❑
❑
Comment:
Bar Screens
Yes
No
NA NE
Type of bar screen
a.Manual
b.Mechanical
❑
Are the bars adequately screening debris?
M
❑
❑
❑
Is the screen free of excessive debris?
M
❑
❑
❑
Is disposal of screening in compliance?
M
❑
❑
❑
Is the unit in good condition?
M❑
❑
❑
Comment:
Equalization Basins
Yes
No
NA
NE
Is the basin aerated?
M
❑
❑
n
Is the basin free of bypass lines or structures to the natural environment?
m
❑
❑
❑
Is the basin free of excessive grease?
M
❑
❑
❑
Are all pumps present?
M
❑
❑
❑
Are all pumps operable?
M
❑
❑
❑
Are float controls operable?
M
❑
❑
❑
Are audible and visual alarms operable?
®❑
Cl
❑
# Is basin size/volume adequate?
M
❑
❑
❑
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext.
Air
Type of aeration system
Diffused
Is the basin free of dead spots?
®❑
❑
❑
Are surface aerators and mixers operational?
❑
❑
®
❑
Page # 4

Permit: NCO086436
Inspection Date: 11/17/2008
Aeration Basins
Owner - Facility: Cane Creek Elementary School
Inspection Type: Compliance Evaluation
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Comment:
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
Comment:
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Yes
No
NA NE
❑
❑ ❑
0
❑ IDi
0
Ij ❑
100011
❑
❑ ❑
Yes
No
NA NE
❑
❑ Cl
❑
❑
W D
fl
❑ ❑
❑
❑ U
❑
❑ ❑
❑
❑ ❑
❑
❑ ❑ -
❑
❑
® ❑
■
❑
❑ ❑
❑❑❑
❑
❑ ❑
Yes No NA NE
■ ❑ ❑ ❑
■❑❑❑
2
Yes No NA NE
Tablet
■❑❑❑
Page # 5

Permit: NCO086436 Owner - Facility: Cane Creek Elementary School
.ction Date: 11/17/2008 Inspection Type: Compliance Evaluation
ale -chlorination Yes No NA NE
f1
Is storage appropriate for cylinders?
—
❑
❑
# Is de -chlorination substance stored away from chlorine containers?
❑
❑
❑.
Comment:
Are the tablets the proper size and type?
❑
❑
❑
Are tablet de -chlorinators operational?
❑
❑
❑
Number of tubes in use?
2
Comment:
Standby Power
Yes
No
NA
NE
Is automatically activated standby power available?
®❑
❑
Is the generator tested by interrupting primary power source?
❑
❑
❑
Is the generator tested under load?
❑
❑
❑
Was generator tested & operational during the inspection?
❑
❑
❑
Do the generator(s) have adequate capacity to operate the entire wastewater site?
0
❑
❑
❑
Is there an emergency agreement with a fuel vendor for extended run on back-up power?
❑
❑
®
❑
Is the generator fuel level monitored?
❑
❑
❑
Comment: The fuel source was recently converted from the on -site storage tank for
propane to a service line for natural gas.
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
®❑
❑
❑
Are the receiving water free of foam other than trace amounts and other debris?
®❑
❑
❑
If effluent (diffuser pipes are required) are they operating properly?
❑
❑
®
❑
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
®❑
❑
❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑
❑
❑
Judge, and other that are applicable?
Comment:
Page # 6

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
-i Division of Water Quality
Asheville Regional Office
4100,
SURFACE WATER PROTECTION
November 24, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70071490 0004 0798 9036
Terry Duffy
Benson Duffy Holdings, LLC
651 V S Dalton Road
Rutherfordton, NC 28139
SUBJECT: Site Visit Findings and Required Actions
Lurewoods
Stream Standard Violation - Other Waste (In -stream sediment)
Rutherford County
Dear Mr. Duffy:
On November 4, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection along Chapel Point Road, downslope of the Lurewoods
subdivision in Rutherford County. Mr. Clint Calhoun of the Town of Lake Lure was present.
Stream standards violations were noted during the site inspection. Sediment impacts to an unnamed
tributary to the Broad River (Lake Lure) were documented measuring approximately 300 feet.
Prior to the site visit, this office received a Sediment Removal Plan from Odom and Associates
Engineering, Inc. to address the stream impacts described above, This submittal was inadequate to be
accepted by DWQ.
VIOLATIONS
I. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211 (3)f -
Greater than 3000 feet of an unnamed tributary to the Broad River (Lake Lure), classified as B /
Trout waters, was impacted by sediment deposition measuring up to 20 inches throughout the
stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3)
(fl•
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 Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance
and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following. items:
I. Stream Standard - Other Waste (In -Stream Sediment) —15A NCAC 02B.0211 (2)
Nne
orthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
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D. Brent Nappier
Page 2 of 2
November 19, 2008
a.
Please submit a Sediment Removal Plan to this office for review and approval. The .
must address removal of the accumulated sediment from the unnamed tributary to the
Broad River (Lake Lure). The Plan must be submitted to the Division of Water Quality f
review and approval prior to implementation. It is recommended that your consultant
contact Chuck Cranford of the Asheville Regional Office for additional guidance during
plan development. The Plan should include the following:
a A narrative explaining how sediment will be removed and how impacted jurisdictional
waters will be restored.
a A diagram of the stream channel, referenced with photo documentation of sediment
impacts.
Note: What appears to be an abandoned beaver dam exists at the outlet of the
stream at Lake Lure, which has prevented much of the sediment from reaching the
lake. It is recommended that sediment removal cease just above the headwaters of
the beaver pond area and sediment stabilization take place utilizing a wetland plant
seed mixture.
a A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished.
c. Once the Sediment Removal and Stream Restoration has been implemented and is
complete, a final report documenting restoration of the stream should be submitted to
Chuck Cranford.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Chuck Cranford [phone].
Sincerely,
`TZ
d
a r f`
d
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
Enc: Sediment Removal Plan Guidance
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Town of Lake Lure — Clint Calhoun
Odom Engineering — Chris Waters

> Q Michael F. Easley, Governor
G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
'C Coleen H. Sullins, Director
Division of Water Quality
SUFACE WATER PROTECTION
November 24, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Rex Meadows
Clear Water Well Drilling
PO Box 71
Hot Springs, North Carolina 28743
Subject: Notice of Violation
NOV-2008-WQ-0094
Un-permitted Discharge
Shelton Commercial Site
Jackson County, NC
Dear Mr. Meadows:
In response to a complaint of materials (appearing to be cement) in an. Unnamed Tributary
and its receiving stream Scott Creek, the Jackson County Erosion Control Office documented that
Clear Water Well Drilling Company had made a discharge of drilling mud and cuttings into an
Unnamed Tributary and Scott Creek. The County representative observed a Clear Water Well
Drilling rig parked in the Shelton Commercial Development. Flow from the drilling operation
conveyed mud and cuttings (gray in color) into an Unnamed Tributary and Scott Creek, which are
classified "trout" waters. The volume of gray cuttings and mud documented indicated that the
subject drilling operation would have violated the trout -water standard for turbidity (muddiness,
cloudiness).
State Law found at Section 143-215.1 of the General Statutes of North Carolina expressly
prohibits discharges (of mud and cuttings) resulting in violations of water quality standards.
Additionally, the General Statutes provide. enforcement procedures that may be implemented
against alone who violates the referenced section of law. Care should be exercised to prevent
discharge of mud and cuttings to streams, as the volume from most drilling operations would likely
result in turbidity violations subjecting the driller to enforcement proceedings.
Please be advised that future documented violations of water quality standards will result in
a recommendation from this office for enforcement proceedings. Your attention is appreciated. If
there are questions, please contact Linda Wiggs at telephone number 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Jackson County Erosion Control
Well Drillers Certification Commission One
Northcarolina
Aquifer Protection Section Vaturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.,ncwa(erquality.org FAX [phone]
G:\WPDATA\DEMWQ\Jackson\Complaints - Misc\clearwaterweildrillingNOVresend.doc
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality .
SURFACE WATER PROTECTION
November 24, 2008
Jerry Ingate
2003 Hill St
New Smyrna, FL 32169
SUBJECT: Sediment Removal Plan Approval
Ingate Property
NOV-2008-OP-0049
Macon County
Dear Mr. Ingate:
The Division of Water Quality has received the Sediment Removal Plan as part of the response to -
the NOV noted above.
The Sediment Removal Plan provided by Fish and Wildlife Associates, Inc. and dated November
14, 2008 has been approved. Activities involved in the approved plan, as well as submittal of the
final report, are to be completed within 45 days of this letter.
Thank you for your attention to this matter. Please contact me if you have any questions or I can be
of any further assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: Pam Boaze — Fish and Wildlife Associates, Inc.
John Hennessy — NPS Assistance and Compliance Oversight Unit
Town of Highlands — Josh Ward
ARO File Copy
DWQ Central Files
NorthCarolina
Naturally
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% Recycledl10% Post Consumer Paper
G:\WPDATA\DEMWQ\Macon\Complaints\ingatePond\SedRemPlan_Approval-11-21-08.doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
`.I
Coleen H. Sullins, Director
Division of Water Quality
November 24, 2008
DWQ Project 4 08-1567
Macon County
Keith J. H. McKim
Post Office Box 964
Highlands, North Carolina 28741
Subject Property: Keith McKim Driveway
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. McKim:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.00 acres of wetlands and 50 feet of streams in order to construct a driveway
at the subject property, as described within your application dated October 8, 2008 and received by the
N.C. Division of Water Quality (DWQ) on October 13, 2008. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705).
The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non -discharge, and Stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h), This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Stream
50 (feet)
Sketch
2. Erosion & Sediment Control Practices
NorthCarolina
�Vaiura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
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Keith J. H. McKim
Page 2 of 3
November 24, 2008
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur. _
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum .
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
In -stream Waste Removal
Loose riprap and silt fence shall be removed from the stream as required by the USACE permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that

civc this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
.dorth Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
..aleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
m. Coleen H. Sullins, Director
CHSIcbc
Enclosures: GC 3705
Certificate of Completion
cc: 401 Permitting Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: G:\WPDATA\DEMWQ\Macon\401s\McKim\08-1567_Approval_11-24-08.doe

Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 24, 2008
Ms. Barbara Harmon
Town Manager
Town of Rhodhiss
Post Office Box 40
Rhodhiss, North Carolina 28667
Subject: Town of Rhodhiss
Wastewater Treatment Plant Improvements
Permit Number NCO025917
Burke County
Dear Ms. Harmon:
I am writing this letter in support of the a possible wastewater treatment plant
improvements project which would replace the filter sand and chlorine building and
gaseous feed equipment. Given the length of time that the current filter sand has been in
service we see filter sand replacement as crucial to permit limits compliance.
I understand that the Town would like also to secure funding to study its wastewater
collection system. We certainly hope that such funding may be found. The Town is playing
a certain amount of catch-up with its collection system. Only in recent times has the
collection system started to receive reasonable maintenance. A study would be helpful to
the Town in terms of identifying areas most in need of attention.
I fully support your projects and wish you success in securing funding. As always,
please do not hesitate to call me at [phone] if I may be of service.
Sincerely;
Jeff Menzel
Environmental Specialist
Xc: Benjamin Thomas, PE
G:\WPDATA\DEMWQ\Burke\Rhodiss Collection System\Rhodhiss WWTP Improvements.08.doc
North Carolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
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1J,4�1� Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> Coleen H. Sullins, Director
Division of Water Quality
Mr. Joe Cline, Executive Director
Tuckaseigee Water & Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
Subject: Permit No. WQ0033623
Tuckaseigee Water & Sewer Authority
Cashiers Recreation Center
Wastewater Collection System Extension
Jackson County
Dear Mr. Cline:
In accordance with your application received on November 5, 2008, we are forwarding herewith
Permit No. WQ0033623, dated November 25, 2008, to the Tuckaseigee Water & Sewer Authority
(TWSA) for the construction and operation of the subject wastewater collection system extension. This
permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein. This cover letter shall be considered a part of this permit and is
incorporated therein by reference. Please send Roy Davis a copy of the contractor's Notice to Proceed
for this project.
Please pay particular attention to Permit Condition 3 that requires that the wastewater collection
facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual
system -wide collection system permit issued to the Permittee.
Permitting of this..project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70, Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
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NorthCarolina
Aatura!!rf

Tuckaseigee Water & Sewer Authority November 25, 2008
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the TWSA to construct and operate approximately 1,238 linear feet of 8-inch diameter
gravity sewer to serve the Cashiers Recreation Center and the discharge of 8,793 gpd of additional
wastewater into TWSA's existing sewerage system, pursuant to the application received on November
5, 2008 and in conformity with 15A NCAC 2T .0305 the Division's Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit. All wastewater discharged to this force main, whether
by gravity or pressure, shall only be released after having passed through a septic tank for purposes of
solids removal
The sewage and wastewater collected by this system shall be treated in TWSA's Cashiers
Wastewater Treatment Facility (Permit No. NC0063321) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations. contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
fog Coleen H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0033344)
Victor Lofquist, PE
Surface Water Protection Section Central Files
PERCS Files
G:\WPDATA\DEMWQ\Jackson\TWASA # 3 Collection System\W00033623, TWSA-Cashiers Recreation
Center2.08.doc '

ENVIRONMENTALCOMMISSION
VATUIAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033623
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
3

Permit No WQ0033623,Tuckaseiaee Water & Sewer Authority, Cashiers Rec. Center Jackson Co..: NoJ
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection,
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213.0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
4

,Q0033623, Tuckaseigee Water & Sewer Authority. Cashiers Bec. Center, Jackson CQ.: N—ov-2-5-2-0-08
Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 25th day of November, 2008
r,- t
>
for of en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033623

ENGINEERING CERTIFICATION ® POST CONSTRUCTION
System Description: 1,233 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
® supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
i, , as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
..................................................................
The Permittee is responsible for tracking all partial certifications up Until a final certification is received. Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
—I
Coleen H. Sullins, Director
Q
Division of Water Quality
Asheville
November 25, 2008
Mr. Chad D. Terry
90 Hookers Gap Road
Leicester, North Carolina 28748
Subject: Permit No, WQ0033622
Lee's Creek Apartments
Wastewater Collection System Extension
Buncombe County
Dear Mr. Terry:
In accordance with your application received on November 13, 2008 we are forwarding herewith
Permit No. WQ0033622, dated November 25, 2008, to you for the construction and operation of the
subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is incorporated therein by reference. Please
send Roy Davis a copy of the contractor's Notice to Proceed for this project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division). Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70, Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
One
NorthCarolina
Naturally
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper

Chad D. Terry November 25, 2008
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Chad D. Terry to construct and operate approximately 450 linear feet of 6-inch diameter
gravity sewer to serve Lee's Creek Apartments and the discharge of 5,200 gpd of additional domestic
wastewater into the collection system belonging to the Metropolitan Sewerage District of Buncombe
County pursuant to the application received on November 13, 2008 and in conformity with 15A NCAC
2T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit.
The sewage and wastewater collected by this system shall be treated in the Metropolitan
Sewerage District of Buncombe County's (MSD) Wastewater Treatment Facility (Permit No.
NC0024911) prior to being discharged into the receiving stream.
Construction of the subject wastewater collection system shall not commence until approval for
the construction and operation of these sewers has been obtained from the Metropolitan Sewerage
District of Buncombe County.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4659.
Sincerely,
4�
for Coleen H. Sullins, Director
Division of Water Quality
cc: Buncombe County Building Inspector
ARO, Surface Water Protection (NC0024911)
John T. Coxey, PE
Stan Boyd, MSD
PERCS Files
Surface Water Protection Section Central Files
G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\WQ0033622-Lee's Creek Apartments.doc

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

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

00033622, Chad D. Terry Lee's Creek Apartments, Buncombe Co., November 25 2008
Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control
Permit issued this the 25th day of November, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for bol6en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033622
3

System Description:
450 linear feet of 6-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
® supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the, Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having.
been authorized to observe ([],periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable, the Division's Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
................................-..................................................................:
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

Michael F. Easley, Governor
�G William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 25, 2008
Mitchell County
DWQ Project No. 081713
NCSR 1316 (Brummitt's Creek Road)
APPROVAL of 401 Water (Quality Certification with Additional Conditions
Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
Brummitt's Creek and in an unnamed tributary to Brummitt's Creek, for the purpose of widening and making
improvements to NCSR 1316 (Brummitt's Creek Road) in Mitchell County:
Site
Permanent
Temporary Fill ini..
Permanent Fill in
Temporary
Total Stream
Stream
Fill in
Intermittent Stream
Perennial Stream
Dewatering in
Impact
Impacts
Intermittent
(linear ft)
(linear ft)
Perennial Stream
(linear ft)
Requiring
Stream (linear
(linear ft)
Mitigation
ft)
linear ft)
Site 1 Sta.
0
0
16
45
61
0
9+20
Site 2 Sta.
0
0
15
70
$5
0
16+50
Total
0
4
31
115
146
0
Total Stream Permanent Impact for Froject: J1 unear feet. I empurar-y 1111pau► .tir i Iviu-_ . ii� ..■.......,—
The project should be constructed in accordance with your application dated November 13, 2008 (received 18, 2008),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Internet` www.newaterquality.org FAX [phone]
NorthCarolina
Nate molly
Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. J. Swain, Jr., P.E.
November 25., 2008
Page Two
1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Adequate sediment and erosion control measures must be installed and maintained on the project site to minimize
transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent
herbaceous cover shall be planted on all bare soil within 15 working days of ground disturbing activities. Erosion
control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting
shall be secured in place with staples or wherever possible. Matting should be secured in place with staples or
wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity
causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer
areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
6. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
9. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on -site project manager.

P.E.
L008
1. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
19, The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
20, Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing,
- ,,This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500,
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
081713 (Swain) NCSR 1316 (Brummitt's Creek Road)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
—
—i
Division of Water Quality
'C.
Asheville Regional Office
SURFACE WATER PROTECTION
November 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9111
Matthew Waugh
1995 Island Ford Rd
Mooresboro, NC 28114
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
DWQ Tracking Number: NOV-2008-SS-0047
Stream Standard Violation - Other Waste (In=stream sediment)
Rutherford County
Response deadline: December 12, 2008 or 15 days from receipt
Dear Mr. Waugh:
On November 4, 2008, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at your farm on Island Ford Road in Rutherford
County. You and Linda Wiggs of the DWQ were present.
Stream standards violations were noted during the inspection. Sediment, measuring up to 24
inches in depth, had impacted an unnamed tributary of the Broad River.
VIOLATIONS
I. Stream Standard Violation -Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f - Greater than 1,800 feet of an unnamed tributary of the Broad River was impacted by
sediment deposition measuring up to 24 inches throughout the stream reach, representing
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
REQUIRED RESPONSE
This office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090
US HWY 70, Swannanoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands
and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617. Your response should address the following items:
NorthCarolina
Nawally
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

Matthew Waugh
Page 2 of 3
November 25, 2008
I. Stream Standard - Other Waste (In -Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
c. Please submit a Sediment Removal Plan to this office for review and approval. The
plan must address removal of the accumulated sediment from unnamed tributary of
the Broad River and be submitted to the Division of Water Quality for review and
approval prior to implementation. You are encouraged to secure an environmental
consultant experienced in stream restoration to assist you with development of your
plan and authorization necessary to achieve compliance. It is recommended that
your consultant contact Chuck Cranford of the Asheville Regional Office for
additional guidance. The plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
is not released.
d. Once the Sediment Removal Plan has been implemented and is complete, a final
report documenting restoration of the stream should be submitted to Chuck
Cranford.

ou for your attention to this matter. This office is considering sending a recommendation
111forcement to the Director of the Division of Water Quality regarding these issues and any
.,tture/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
17
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
G:\WPDATA\DEMWQ\Rutherford\Complaints - Misc\WaughFarm\NOV-2008-SS-0047-11-24-08.doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
November 25, 2008
MEMORANDUM
To: Tracy A.Walter, Bridge Project Planning Engineer
Project Development and Environmental Analysis Branch
NC Department of Transportation
From: Michael R. Park!,IC Division of Water Quality, Asheville Regional Office
Subject: Scoping comments on proposed replacement of Bridge No. 655, NCSR 2797 in Buncombe
County, Federal Aid Project No. BRZ-2797(1), WBS Element No. 38489.1.1,
TIP Project No. 8-4715
This office has reviewed the correspondence dated October 27, 2008 in which you requested comments
for the referenced project. The Division of Water Quality (DWQ) is responsible for the issuance of the
Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands.
Based on a preliminary review of the project study area, tributaries, wetlands and riparian buffers
associated with the following named stream(s) that could be impacted by the proposed project:
Stream Name
River Basin
Stream
Classification(s)
Stream Index
Number
Broad River
Broad
C-trout
9-(1)
UT1 to Broad River
Broad
C-trout
9-(1)
UT2 to Broad River
Broad
C-trout
9-(1)
UT3 to Broad River
Broad
C-trout
9-(1)
Rock Creek
Broad
C-trout
9-9
DWQ has the following comments:
Project Specific Comments:
1. The Broad River, associated unnamed tributaries and Rock Creek are classified as C-trout waters
of the State. DWQ recommends that the most protective sediment and erosion control BMPs be
implemented to reduce the risk of turbidity violations in trout waters.
2. All appropriated work moratoria shall be followed in accordance with NCWRC recommendations
for the.Broad River, associated unnamed tributaries and Rock Creek.
3. Any anticipated dewatering or access structures necessary for construction of bridges should be
addressed in the CE. It is understood that final designs are not determined at the time the CE is
developed. However, the CE should discuss the potential for dewatering and access measures
necessary due to bridge construction.
Nne
orth Car
'Vaturt
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

B-4715
November 25, 2008
Page 2
4. Any anticipated bank stabilization associated with bridge construction should be addressed in the
CE. It is understood that final designs are not determined at the time the CE is developed.
However, the CE should discuss the potential for bank stabilization necessary due to bridge
construction.
General Comments Regarding Bridge Replacement Projects:
5. The environmental document shall provide a detailed and itemized presentation of the proposed
impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as
required by 15A NCAC 2H..0506(h), it is preferable to present a conceptual (if not finalized)
mitigation plan with the environmental documentation. Appropriate mitigation plans will be
required prior to issuance of a 401 Water Quality Certification.
6. Environmental assessment alternatives shall consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff. These alternatives shall include road designs that
allow for treatment of the storm water runoff through best management practices as detailed in
the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed
swales, buffer areas, preformed scour holes, retention basins, etc.
7. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the NCDOT is respectfully reminded that they will need to demonstrate the
avoidance and minimization of impacts to wetlands (and streams) to the maximum extent
practical. In accordance with the Environmental Management Commission's Rules {15A NCAC
2H.0506(h)}, mitigation will be required for impacts of greater than 1 acre to wetlands. In the
event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost
functions and values. The NC Ecosystem Enhancement Program may be available for use as
wetland mitigation.
8. In accordance with the Environmental Management Commission's Rules {I 5A NCAC
2H.0506(h)), mitigation will be required for impacts of greater than 150 linear feet to any single
perennial stream. In the event that mitigation is required, the mitigation plan shall be designed to
replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be
available for use as stream mitigation.
9. DWQ is very concerned with sediment and erosion impacts that could result from this project.
NC DOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
10. If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ
believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of
Engineers to determine the required permit(s).
11. If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless
otherwise authorized by the US ACOE. Strict adherence to the Corps of Engineers guidelines for
bridge demolition will be a condition of the 401 Water Quality Certification.
12. Bridge supports (bents) shall not be placed in the stream when possible.

Aber 20, 2008
be 3
13. Whenever possible, the DWQ prefers spanning structures. Spanning structures usually do not
require work within the stream or grubbing of the streambanks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges should allow for human
and wildlife passage beneath the structure, do not block fish passage and do not block navigation
by canoeists and boaters.
14. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed
scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current
version of NC DWQ Stormwater Best Management Practices.
15. If concrete is used during construction, a dry work area shall be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
16. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species should be planted. When using temporary structures the area
shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush -hogs, or other
mechanized equipment and leaving the stumps and root mat intact allows the area to re -vegetate
naturally and minimizes soil disturbance.
17. Placement of culverts and other structures in waters, streams, and wetlands shall be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and
20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC DWQ for
guidance on how to proceed and to determine whether or not a permit modification will be
required.
18. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided. Stream channel widening at the inlet
or outlet end of structures typically decreases water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage.
19. If foundation test borings are necessary; it should be noted in the document. Geotechnical work
is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey
Activities.
20. Sediment and erosion control measures sufficient to protect water resources must be implemented
and maintained in accordance with the most recent version of North Carolina Sediment and
Erosion Control Planning and Design Manual and the most recent version of NCS000250.

B-4715
November 20, 2008
Page 4
21. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise
approved by NC DWQ. Approved BMP measures from the most current version of NCDOT
Construction and Maintenance Activities manual such as sandbags, rock berms; cofferdams and
other diversion structures should be used to prevent excavation in flowing water.
22. Sediment and erosion control measures shall not be placed in wetlands and streams.
23. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands
in borrow/waste areas could precipitate compensatory mitigation.
24. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of
Wetland Significance (NC -CREWS) maps and soil survey maps are useful tools, their inherent
inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit
approval.
25. Heavy equipment shall be operated from the bank rather than in stream channels in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into streams.
This equipment shall be inspected daily and maintained to prevent contamination of surface
waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials.
26. In most cases, the DWQ prefers the replacement of the existing structure at the same location
with road closure. If road closure is not feasible, a temporary detour should be designed and
located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing
stream banks. If the structure will be on a new alignment, the old structure shall be removed and
the approach fills removed from the 100-year floodplain. Approach fills should be removed and
restored to the natural ground elevation. The area shall be stabilized with grass and planted with
native tree species. Tall fescue shall not be used in riparian areas.
27. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed.
28. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible.
Riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water
Quality Certification requires that appropriate measures be instituted to ensure that water quality
standards are met and designated uses are not degraded or lost. If you have any questions or require
additional information, please contact Mike Parker at [phone].
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Clarence Coleman, Federal Highway Administration
Marla Chambers, NC Wildlife Resources Commission
Transportation Permitting Unit
Asheville Regional Office Copy
Scoping Comments TIP Protect NO. B-4715 NCSR 2797

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 25, 2008
Mr. Rex McNeese
10 Dwyer Drive
Black Mountain, North Carolina 28711-9797
Subject: Maintenance of Private Sewers
Buncombe County
Dear Mr. McNeese:
A privately owned sewer serving several homes above you crosses your property.
Looking at a sewer map of Buncombe County, it is logical to assume that the line also
crosses the property below yours before tying into the Metropolitan Sewerage District of
Buncombe County (MSD). Given that the sewer is not located on a deeded right-of-way,
the line belongs to the owner of the property under which it lies.
Responsibility for maintenance and upkeep of a private sewer line falls on the
owners and users of the line. The Metropolitan Sewerage District of Buncombe County
(MSD) has a very generous private sewer rehabilitation program whereby the District will
assume maintenance responsibility for a private sewer if the owners of the property under
which the sewer lies will give written permission for the MSD to come on their property to
maintain the line.
I have discussed your sewer line with Mike Butler with the MSD. Mike is of the
opinion that your sewer is a candidate for inclusion in their private sewer rehabilitation
program. Attached is the form used to give permission to the MSD to come on your
property to maintain your sewer. I cannot state too strongly what a good deal this is. Both
you and your down slope neighbor would need to sign copies of the form. Mike would want
all the forms returned together by one of you willing to serve as contact with the MSD. The
Metropolitan Sewerage District of Buncombe County's mailing address is 2028 Riverside
Drive, Asheville, North Carolina 28804.
NorthCarolina
�atGlXGll�l�
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% Recycledl10% Post Consumer Paper

A search of the Buncombe County web site indicates that the property below you
belongs to:
Glen Wright Melton
15 Old Lakey Gap Road
Black Mountain, North Carolina 28711
[phone]
Should you and/or Mr. Melton choose not to sign the attached Agreement and
blockages of the private sewer occur in the future, we would be pretty much back to where
we are now. That is scrambling around trying to find people responsible who are willing to
pay a plumber to repair the line. Should you need to discuss this matter in greater detail
please do not hesitate to call me at [phone].
Sincerely,
Roy M. Davis
Environmental Engineer
Xc: Mike Butler, MSD
GAWPDATA\DEMWQ\Buncombe\MSD Collection System\Dwyer Drive Letter.08.doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 25, 2008
DWQ Project # 08-1655
Jackson County
Paul Strong
1403 Westshore Drive
Houston, TX 77094
Subject Property: Paul Strong Property, Lot # 13
Thorpe Lake (Glenville Lake)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Strong:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1218 square feet (0.028 acres) of open waters below normal pool lake level,
and 1218 square feet (0.028 acres) above normal pool lake level for the purpose of shoreline stabilization
along 203 linear feet of shoreline at the subject property, as described within your application dated
October 26, 2008 and received by the N.C. Division of Water Quality (DWQ) on November 3, 2008.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Regional Permit(s) 30
when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non -discharge, and Stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Waters
0.028 (acres)
1218 sq.ft. below lake level
Waters
0.028 (acres)
1218 sq.ft. above lake level
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www,.ncwaterquality.org FAX [phone]
GAWPDATA\DEMWQ\Jackson\401 s\08-1655StrongAPPROVAI.doc
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Nove
Violations of any condition herein set forth may result in revocation of this Certification and may result
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any 'of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
/0-q
Coleen H. Sullins, Director
Enclosures: GC 3693
Certificate of Completion
cc: 401/Wetland Unit
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
Central Files
Duke Energy -Lake Services -Lisa Leatherman

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
Surface Water Protection
November 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9104
William N Hughes
Town of Murphy
PO Box 130
Murphy, NC 28906
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215, 1 (a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2008-0435
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $301.17
($250.00 civil penalty + $51.17 enforcement costs) against the Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Murphy for the month of June 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
June 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Murphy violated the terms,
conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Town of Murphy:
1 of the 1 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit,No.
$250.00 NC0020940, by discharging waste water into the waters of the State
>, in violation of the Permit Weekly Geometric Mean limit for FEC ore
COLI. NorthCarolina
- �aiura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

$250.00 TOTAL CIVIL PENALTY
$51.17 Enforcement Costs
$301.17 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. ' Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b)
was wrongfully applied to the detriment of the petitioner;

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

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

JUSTIFICATION<.. REMISSION REQLEST
r Q Case Number: LV-2008-0435 County: Cherokee
Assessed Party: Town of Murphy
Permit No.: NC0020940 Amount Assessed: $301.17
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences),
_ (c) the violation was inadvertent or a result of an accident (i, e., explain why the violation
was unavoidable or something you could not prevent or prepare for),
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF Cherokee
Town of Murphy
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Murphy WWTP
PERMIT NO. N00020940
DEPARTMENT OF ENVIRONi,
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
AlaaMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0435
Having been assessed civil penalties totaling $301.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 25, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

%i
ATTACHMENT A
Town of Murphy
CASE NUMBER: LV-2008-0435
PERMIT: NCO020940 FACILITY: Murphy WWTP COUNTY: Cherokee REGION: Asheville
Limit Violations
MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 6-2008 001 Effluent FEC COLT 06/28/08 3 X week #/100ml 400 600 50.00 Weekly Geometric Mean Exceeded

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
_
Coleen H. Sullins, Director
Division of Water Quality
"C
Aw
Asheville Regional Office
Surface Water Protection
November 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9098
William N Hughes
Town of Murphy
PO Box 130
Murphy, NC 28906
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2008-0436
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,801.17 ($1,750.00 civil penalty+ $51.17 enforcement costs) against the Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Murphy for the month of July 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
July 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Murphy violated the
terms, conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215. 1 (a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following -civil penalty assessment
against Town of Murphy:
NorthC,,Iina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www,ncwatergualitV.org FAX [phone] 623-7748

A
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit N
$750.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
1 of the 1 violations of G.S. 143-215,1(a)(6) and NPDES Permit No.
$1,000.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLI.
$1,750.00 TOTAL CIVIL PENALTY
$51.17 Enforcement Costs
$1,801.17 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;.
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
MIN
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as.they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violations)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative

,ii a request must be accompanied by a waiver of your right to an administrative
and a stipulation and agreement that no factual or legal issues are in dispute. Please
,re a detailed statement that establishes why you believe the civil penalty should be
,mitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2008-0436 County: Cherokee
Assessed Party: Town of Murphy
Permit No. (if applicable): NC0020940 Amount Assessed: $1,801.17
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences),
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF Cherokee
DEPARTMENT OF ENVIRON._
AND NATURAL RESOURCES
Town of Murphy
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE FEARING AND
Murphy WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO020940 ) FILE NO. LV-2008-0436
Having been assessed civil penalties totaling $1,801.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 25, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
z

PERMIT: NCO020940 FACILITY: Murphy WWTP
ATTACHMENT A
Town of Murphy
CASE NUMBER: LV-2008-0436
COUNTY: Cherokee
REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED J OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE . LIMIT VIOLATION TYPE
$250.00
7-2008
001
Effluent
FEC COLI
07/05/08
3 X week
#[loom]
400
600
50.00
Weekly Geometric Mean Exceeded
$250.00
7-2008
001
Effluent
FEC COLT
07/12/08
3 X week
#/100ml
400.
1,278.14
219.53
Weekly Geometric Mean Exceeded
$250.00
7-2008
001
Effluent
FEC COLI
07/19/08
3 X week
#/loom[
400
600
50.00
Weekly Geometric Mean Exceeded
$1,000.00
7-2008
001
Effluent
FEC COLT
07/31/08
3 X week
#/100ml
200
437.67
118.83
Monthly Geometric Mean
Exceeded

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
November 25, 2008
7007 1490 0004 0798 9081
Mr. William James Jones
Carolina Civil Design Associates, P.A.
4A Herman Avenue Extension
Asheville, North Carolina 28803
Subject: Fast -Track Application Return
Foster Creek Preserve
Town of Columbus
Polk County
Dear Mr. Jones:
Attached herewith is the Fast -Track Sewer Application which you submitted seeking
permission to construct a sewer system to serve Foster Creek Preserve. The application
is being returned for the following reason:
(1)The Developers Operational Agreement submitted does not indicate the name of
this Divisions' current Director.
look forward to receiving a completed Application. The Application and Operational
Agreement submitted have been marked up extensively. You might consider submitting
cleaner versions. Please do not hesitate to call me at 828/296-4659 should you wish to
discuss this matter.
Sincerely,
R__G�yy\a) a -IV"
Roy M. Davis
Environmental Engineer
GAWPDATA\DEMWQ\POLK\Columbus Collection System\Application Return -Foster
Creek Preserve.doc
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet: www.ncwaterquality.org Customer Service 1-877-623-6748
Phone [phone]
FAX [phone]
No'rthCarolina
Naturallrp
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
® Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler, North Carolina 28715
Dear Mr. Wright:
November 25, 2008
7007 1490 0004 0798 9074
Subject: NOTICE OF VIOLATION
N OV-2008-LV-0550
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
A review of Pleasant Cove Home WWTP's monitoring report for September 2008 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended
09/04/08
45 mg/I
90.4 mg/I
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ DWQ Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\NOV-2008-LV-0550.75388.doc North Carolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
✓� Coleen H. Sullins, Director
-� Division of Water Quality
Asheville Regional Office
November 25, 2008
J Robert Boyette
City of Marion
PO Drawer 700
Marion, NC 28752
SUBJECT: Notice of Violation -and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO031879
City of Marion
Corpening Creek WWTP
Case No. LV-2008-0434
McDowell County
Dear Mr. Boyette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $551.17
($500.00 civil penalty + $51.17 enforcement costs) against the City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Marion for the month of June 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in
June 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Marion violated the
terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the City of Marion:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit Nu.
$500.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for CYANIDE.
$500.00 TOTAL CIVIL PENALTY
$51.17 Enforcement Costs
$551.17 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted,. and submit it to the Division of Water Quality at the address listed below. in
determining whether a remission request will be approved, the following factors shall be

whether one or more of the civil penalty assessment factors in NCGS 1438-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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

JUSTIFICATION FOR REMISSION REQUEST
i Q Case Number: LV-2008-0434 County: McDowell
Assessed Party: City of Marion
Permit No. (if applicable): NC0031879 Amount Assessed: $551.17
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF McDowell
DEPARTMENT OF ENVIRONh
AND NATURAL RESOURCES
City of Marion
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Corpening Creek WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO031879 ) FILE NO. LV-2008-0434
Having been assessed civil penalties totaling $551.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 25, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTAC H M ENT A
City of Marion
CASE NUMBER: LV-2008-0434
PERMIT: NCO031879 FACILITY: Corpening Creek WWTP COUNTY: McDowell REGION: Asheville
Limit Violations
MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$2%00 6-2008 001 Effluent CYANIDE 06/14/08 Weekly ug/I 7.5 13 73.33 Weekly Average Exceeded
$250.00 6-2008 001 Effluent CYANIDE 06/21/08 Weekly ug/I 7.5 14 86.67 Weekly Average Exceeded

Michael F. Easley, Governor
William G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
{ Division of Water Quality
"C
Asheville Regional Office
SURFACE WATER PROTECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Harold L Henson
Town of Crossnore
PO Box 129
Crossnore NC 28616
Dear Mr Henson:
November 26, 2008
7007 1490 0004 0798 9050
Subject: NOTICE OF VIOLATION
NVO-2008-MV-0079
Permit No. NCO026654
Crossnore WWTP
Avery County
A review of Crossnore WWTP's monitoring report for September 2008 showed the following
violations:
Parameter
Date
Measuring
Frequency
Violation
Phosphorus, Total (as P)
09/30/08
Quarterly
Failure to Monitor
Nitrogen, Total (as N)
09/30/08
Quarterly
Failure to Monitor
Remedial actions, if not already implemented, should be taken to correct any problem. The Division
of Water Quality may pursue enforcement actions for this and any additional violations.
If you should have any questions, please do not hesitate to contact Keith Haynes or me at 828/296-
4500.
Sincerely,
w
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: WQ Central Files
ARO SWP
G:\WPDATA\DEMWQ\Avery\26654 Crossnore\NOV-2008-MV-0079.doc
NorthCarolina
Amaully
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.org FAX [phone]
Customer Service
1-877-623-6748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
PG North Carolina Department of Environment and Natural Resources
7 Coleen H. Sullins, Director
Division of Water Quality
N,
Asheville Regional Office
SURFACE WATER PROTECTION
November 26, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9043
Johnny Brown, Mayor
Town of Andrews
PO Box 1210
Andrews NC 28901
Subject: NOTICE OF VIOLATION
NOV-2008-MV-0078
Permit No. NCO020800
Andrews WWTP
Cherokee County
Dear Mayor Brown:
A review of Andrews WWTP's monitoring report for September 2008 showed the following
violations:
Parameter
Date
Measuring
Frequency
Violation
Phosphorus, Total (as P)
09/30/08
Quarterly
Failure to Monitor
Nitrogen, Total (as N)
09/30/08
Quarterly
Failure to Monitor
Remedial actions, if not already implemented, should be taken to correct any problem. The Division
of Water Quality may pursue enforcement actions for this and any additional violations.
If you should have any questions, please do not hesitate to contact Keith Haynes or me at 828/296-
4500.
Sincerely,
d- av
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Cc: WQ Central Files
ARO SWP
G:\WPDATA\DEMWQ\Cherokee\20800 Andrews WWTP\NOV-2008-MV-0078.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 26, 2008
Manuel DeJuan
P.O. Box 2908
Cashiers, NC 28717
Subject: Follow-up to Notice of Violation and Recommendation for Enforcement
NOV Dated April 26, 2007, Case #SS-2008-001
Jackson County
Dear Mr. DeJuan:
The Division of Water Quality (DWQ) conducted a follow-up site visit on July 29, 2008. The
removal of the upper pond and subsequent stream restoration, as well as the lower pond cold water
release observed at the site have satisfactorily resolved the violations noted in Notice of Violation
and Recommendation for Enforcement dated April 26, 2007, and Case # SS-2008-001. An
Approval of 401 Water Quality Certification was issued on January 4, 2008,
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation.
- Should you have any questions regarding these matters, please contact Linda Wiggs at (828) 296-
4500.
Sincerely,
1
t �m
Roger C. Edwards
Surface Water Protection Section
Regional Supervisor
cc: NPS Compliance Unit
ARO File Copy
DWQ Central Files
Jackson County Planning
USACE Asheville Office
One
North Carolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Jackson\401s\DeJuan\dejuanNOV Response Closure.doc
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
i Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
November 26, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9189
Andrew G Bradley, Affairs Environmental VP
Unimin Corporation
258 Elm St
New Canaan CT 06840
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0077
Schoolhouse Quartz facility.
Permit No. N00000361
Avery County
Dear Mr Bradley:
A review of the facility's June 2008 self -monitoring report revealed the following violation:
Parameter
Date
Measuring
Frequency
Violation
Oil & Grease
06/30/08
Quarterly
Failure to monitor
To prevent further action, carefully review this violation and respond in writing to this office within
fifteen (15) working day of receipt of this letter. You should address the causes of noncompliance
and all actions taken to prevent the recurrence of similar situations. If you should have any
questions, please do not hesitate to contact Keith Haynes at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: Central Files
ARO SWP
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]