Macon_Co_Historic401s_SSs_20201001

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
May 26, 2009
Kevin Corpening
56 Bellview Park Road
Franklin,North Carolina 28734
SUBJECT: Notice of Violation Rc:.::,onse and Stream Restoration Plan Approval
Corpening Pr;
NOV-2009-S s--iil'
Macon County
Dear Mr. Corpening:
The Division of Water has reviewed your response to the Notice of Violation (NOV) listed above,
along with the communication from the Corps of Engineers dated May 6, 2009.
The stream restoration plan was found to be satisfactory as long as the modifications dictated by
the Corps letter are followed.
The DWQ understands the restoration activities will be completed by July 31, 2009. Please see.
that a final report, including pictures of the finished work, is delivered to this office within 30 ddys .
of project completion.
Thank you for your cooperation in this matter and contact me at 828-296-4664 or
chuck.cranfordnncdenr.gov if you have any questions or I can provide further assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Lori Beckwith—USACE
Matt Mason - Macon County Erosion Control
DWQ Central Files
GAWPDATA\DEM WQ\Macon\Complaints\Corpening\StreamrestorationApp roval_5-22-09.doe
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE 1�1V TOne 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 orthCa1.O11ria
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org NahmR'"y
An Equal Opportunity 1 Affirmative Action Employer

Kevin Corpening E C u y
56 Bellview Trailer Park Road
Franklin,NC 28734 ! MAY 1 9 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
May 18, 2009
Lori Beckwith
Regulatory Specialist
Department of the Army
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville,NC 28801-5006
Dear Mrs. Beckwith:
Thank you, For your time and consideration in this matter. I am writing you today
requesting an extension. The five acres of hay I grow in the pasture adjacent to the creek
is almost 85%mature. Starting the project at this time would result in a losing
approximately 50%of the hay I use to feed my cattle in the winter months. I am asking to
extend the deadline to July 31 st due to this hardship. I understand the importance of the
restoration of this stream bank, and will start as soon as possible.
If you have any question feel free to call me at 1-828-371-2872. Again thank you
for your time and consideration in this matter.
Sincerely,
/ein Corpening
Cc: Chuck Cranford
Dave McHenry
Matt Mason

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE,NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
May 6, 2009
Regulatory Division
MAY 1 8 2009 ! ` p
Action ID: 2008-03213 ; I
WATER.QUALITY SECTION
A51,'EI�ILLE R,�C I;JrI Q'=FiCE
Mr. Kevin Corpening -
56 Bellview Park Road
Franklin,North Carolina
Dear Mr. Corpening:
I refer to the Nationwide Permit(NWT) verification letter that was issued to you on
January 21, 2009. This letter authorized you to perform bank stabilization along 450 linear
feet(If) of Poplar Cove Creek on your property near Franklin, Macon County,North Carolina.
As discovered during the site visit on February 12, 2009,this work was not conducted as
authorized; instead, approximately 225 linear feet of the stream was dredged and this material
was placed along the left bank of the creek. In response,we sent you a Notice of Unauthorized
Activity letter, dated March 2, 2009,in which we notified you that the activities conducted on
your property were in non-compliance with permit conditions and constituted a violation of
Section 301 of the Clean Water Act(33 USC 1311). We requested that you sumbit a restoration
plan to address these unauthorized activities.
We have reviewed the plan you submitted (attached) and have determined that this plan,
along with the following modifications, is acceptable:
1. Rip rap shall not be used to line the channel bottom.
2. A bankfull bench shall be constructed along this stream bank, as opposed to this area
being merely sloped.
3. The bench and sloped bank shall be coir matted, seeded, and planted with native shrubs
and trees.
4. No hard structures (such as rock,rip rap, etc.) shall be used on the slope/above the
ordinary high water mark.
In addition to conducting work in strict accordance with theplan and modifications to the
plan(noted above), all restoration work must be completed by June 5, 2009.
Please be reminded that in order to resolve.this enforcement action,you must restore
the entire area as described above. Failure to undertake this restoration, or complete it by
June 5, 2009, constitutes a continuing violation of the Clean Water Act and may result in
further legal or administrative actions against you,to include assessing an administrative penalty

- 2 -
or referring this matter to the United States Attorney. Additional time may be granted to complete
restoration activities; however,requests for such extensions must be made in writing before the
deadline stated above, include an explanation as to why the established deadline cannot be met,
and contain a revised timeline for work completion. Please note, only reasonable requests for
extensions will be considered.
If there are questions, please contact me at(828) 271-7980, extension 226.
Sincerely,
f. 1
t ,
eckwith
latory Specialist
Asheville Regulatory Field Office
Enclosure
Copies Furnished(w/o enclosure):
Mr. Chuck Cranford
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2090 U.S. Highway 70
Swannanoa,North Carolina 28778
Mr. Dave McHenry
North Carolina Wildlife Resources Commission
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville,North Carolina 28786
Mr. Matt Mason
Macon County Department of Projects and Development
1834 Lakeside Drive
Franklin,North Carolina 28734

ACTION ID: SAW 2008-03213 MACON COUNTY N.0
Mr.Chuck Cranford
Lorri Beckwith with the Army Corps of Engineers ask me to get you a copy of this plan.
The plan for stabilization of the stream bank will consist of removing the stockpiled river
cobble, slopping the stream banks, installation of coir matting and the planting of native
riparian species.
The stock piled river cobble will be removed from the flood prone area. The stream banks
will be sloped to a 2:1 ratio and coir matting will be installed to protect the stream bank
until the native riparian vegetation becomes established. Attached are stream bank
stabilization details, coir matting installation, and stream bank reshaping and re-
vegetation.
My phone#is 1-828-371-2872
Thank you,
Kevin Corpening
v
MAR 3 0 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
y

vegetate slop, above
Iiplap
Assumed phreatic �
Gevtextile
ne (dry season) �., o j' 1 —2' Above Riprop
Live willow stet es
or shrubs
High flow
Mean summer-
flaw
<< \
Rork rrplap
Stable c I I IreI
hottom
T`fPICAL SECTION
/.<.� (Not to Scale)
r
STREAMBANI� PROTECTION
Notes:
I. Mechanical protection includes erosion control blankets, VEGETATED BANS\
PLAN erosinn control mats and other manufactured products
designed to support and enhance the establishment
(Not to Scale) of vegetation.
_. Mechanical protection shill be installed and anchored
in accordance with the manufacturer's recommend.
W-I,ENAIS.DWG

STREAMBANK TREATMENT
Bank Shaping and Planting Applications and Effectiveness
oll sil-c' nllmilks where fllodermc e"rosioll Irld cl�;I�rll3c�l
rrlir<Iticin arc. �rr�tic 1rI(c�cl.
Re..illf'orc-emenl at tile, tot'. of the e inbimkinent is often needed.
�.'.11 2i111t:E'i C.C)11C�I It:}1.15 ff.:)I' COIOIIiZILIOIl O I1�1C14''C Sr)('C::ICS,
Used in conjunction with other -)rot .ct V Prac'{_ices where flow velo(tCIE.'4
C cced til toter. �cc ral c for �� �ail<�ialc pl�iI ts: I�ci el cr}- erosionc cetlts
_ i Strearn1:}ank soil n-imcri�115, i}Iolaabie grOLIndwater dttctUilLi011, and bmi
- loading conditions =al'c factors forcict{�I-Iiuning appropriate .s[c.)pe condi-
����� ticalls.
Slope Stability an<ilt`°5i°s ',.try rc:�c;r:rir�rr�cncictl.
Regrading stre-ambanks to a stable slope,
placing topsoil and other materials
deeded for sustaining plant growth, and
Ie:cting, installing and establishing
'opriat:e plant species.

CHANNEL INSTALLATION AB
NOTE: HORIZONTAL STAPLE SPACING SHOULD BE ALTERED CRITICAL POINTS
IF NECESSARY TO ALLOW STAPLES TO SECURE THE A-
CRITICAL POINTS ALONG THE CHANNEL SURFACE. A.OVERLAPS AND SEAMS J
B. PROJECTED WATER LINE B C
REFER TO GENERAL STAPLE PATTERN GUIDE FOR C.CHANNEL BOTTOM/SIDE y\ .
CORRECT STAPLE RECOMMENDATIONS FOR CHANNELS. SLOPE VERTICES
2
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.. . . . . . . . .
t � 'ram
. . . . . . . . . "1 3 f 11
_ 1 �11 5
Ii
1
�1=111
11-111
4
1.PREPARE SOIL BEFORE INSTALLING BLANKETS,INCLUDING APPLICATION OF LIME,FERTILIZER,AND SEED.
2.BEGIN AT THE TOP OF THE CHANNEL BY ANCHORING THE BLANKET IN A 6"DEEP X 6"WIDE TRENCH.
BACKFILL AND COMPACT THE TRENCH AFTER STAPLING.
3.ROLL CENTER BLANKET IN DIRECTION OF WATER FLOW ON BOTTOM OF CHANNEL.
4.PLACE BLANKETS END OVER END(SHINGLE STYLE)WITH A 6"OVERLAP. USE A DOUBLE ROW OF,
STAGGERED STAPLES 4"APART TO SECURE BLANKETS.
5.FULL LENGTH EDGE OF BLANKETS AT TOP OF SIDE SLOPES MUST BE ANCHORED IN 6" DEEP X 6"WIDE
TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING.
6.BLANKETS ON SIDE SLOPES MUST BE OVERLAPPED 4"OVER THE CENTER BLANKET AND STAPLED
(2"FOR C350 MATTING).
7.IN HIGH FLOW CHANNEL APPLICATIONS A STAPLE CHECK SLOT IS RECOMMENDED AT 30 TO 40 FOOT
INTERVALS. USE A ROW OF STAPLES 4"APART OVER ENTIRE WIDTH OF THE CHANNEL. PLACE A
SECOND ROW 4"BELOW THE FIRST ROW IN A STAGGERED PATTERN.
8.THE TERMINAL END OF THE BLANKETS MUST BE ANCHORED IN A 6"DEEP X 6"WIDE TRENCH.
BACKFILL AND COMPACT THE TRENCH AFTER STAPLING.

E E, 1
U.S.Army Corps of Engineers
Asheville Regulatory Field Office MAR 3 0 2009 f
151 Patton Avenue,Room 208
Asheville,NC 28801-5006 WATER QUALITY SECTION
ASHE\/ILLE REGIONAL OFFICE
Action ID: SAW 2008-03213 County: Macon
Notification of Unauthorized Activity
Responsible Party: Mr. Kevin Corpening
56 Bellview Park Road
Franklin,North Carolina 28734
Size and Location of Property(water body,Highway name/number,town, etc.): The property is
located on Poplar Cove Creek near Franklin,Macon County,North Carolina. Coordinates for the site
are 35.1335 north and 83.4993 west.
Description of Unauthorized Activity/Permit Noncompliance: On January 21,2009, this office
issued a Nationwide Permit(NWP)verification letter to you to perform bank stabilization along 450
linear feet(lf)of Poplar Cove Creek. As noted in the project description in the application, you
proposed to place clean rock at the toe of the bank and establish a flood plain bench at bankfull level.
The drawing enclosed with the application showed riprap as the material you would use.
We received a call from an area property owner that the stream had been excavated and the material
had been placed along the bank of the stream in this location. Matt Mason of Macon County and I
conducted a site visit on February 12,2009;and discovered that approximately 225 linear feet of
Poplar Cove Creek had been dredged and that this material had been placed along the left bank of the
creek and a berm had been built on the bank.
The above-described activity was conducted in non-cotnpliance with general conditions of the NWP, a
special condition of the NWP verification letter, and is a violation of federal law.:gU farthcr
unauthorized work in waters or wetlands will be considered a willful and intentional violation of
federal law.
X Unauthorized Activity Rivers & Harbors Act, Section.10(33 USG 403)
X Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 131 1)
Specifically, you did not comply with the following conditions:
1. Disturbance in the stream and the stream banks was prohibited from October 15`k'to April 15`h of
any year in order to protect trout spawning. This condition was listed as a special condition in the
verification letter.
2. Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in.the physical destruction(e.g.,through excavation,fill, or
downstream smothering by substantial turbidity)of an important spawning area are not authorized.
3. No material will be placed in a manner that will be eroded by normal or expected high flows.

-2-
4. You did not conduct activities as described in your application(i.e., to construct a flood plain bench
at bankfull and use rip rap for bank stabilization).
If you continue to work in waters of the U.S. without the required authorization, and/or fail to perform
the.requested action below,the Corps will take further administrative action and may request U.S.
Attorney to file suit against you.
Remedial Action:
Because in-stream habitat was eliminated or reduced as a result of the excavation activities,the
construction of in-stream structures will be required. These in-stream structures should also reduce the
length of stream that needs to be.stabilized with rock or rip rap.
Within 30 days of the date of this letter,please submit a plan(both drawings and a text description)
that details where in-stream structures would be constructed in order to replace lost habitat and to
prevent bank erosion. This plan should also detail where stabilization is required(as opposed to the
entire 225 If), and should detail the removal of the excavated material that has already been placed, as
well as show any vegetative planting along the stream. .
Please ensure that you send a copy of the plan to the N.C. Wildlife Resources Commission at the
following address: Mountain Region Coordinator, Attn: Mr. Dave McHenry, 20830 Great Smoky
Mtn. Expressway, Waynesville,NC 28786. We must have a copy of their comments prior to
authorizing any work in this stream.
We also recommend that you contact the N. C. Division of Water Quality(DWQ)concerning State
requirements for work in this stream. `I7ne POC at DWQ is Mr. Chuck Cranford at(828)296-4500.
If you have any questions about this letter or need further information about the U.S. Army Corps of
Engineers regulatory program,please contact me at(828)271-7980, ext. 226.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party
Signature
Project Manaa r Lon Bec
Signature
Date: MarkI2,fO09
Copy Furnished by e-mail:
DWQ—Chuck Cranford.
NCtiVRC—Dave McHenry
Macon County—Matt Mason

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M
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 11, 2009
Kevin Corpening
56 Bellview Park Road
Franklin, NC 28734
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-SS-0008
Removal of Best Usage
Macon County
Response deadline: March 28, 2009 or 15 days from receipt
Dear Mr. Corpening:
On February 11, 2009, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection for along Smith Hill Road in Macon County.
Darlene Kucken with the NC Division of Land Resources was present.
Stream standards violations were noted during the inspection. Approximately 225 feet of Poplar
Cove Creek (Classified as WS-III /Trout) had been impacted by dredging activities.
VIOLATIONS
I. Removal of Best Usage— 15A NCAC 02B.0211 (2) —Approximately 225 feet of Poplar
Cove Creek (Classified as WS-111 /Trout) had been impacted by dredging activities,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to 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:
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
North Carolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �u'/N����
Internet: www.ncwaterquality.org Na
An Equal Opportunity%AKrmative Action Employer

Kevin Corpening
March 11,2009
Page 2 of 2
I. ]removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please submit the following documents for review and approval:
Stream Restoration Plan—Please explain how you plan to restore the impacted
stream channel to replace the lost habitat. Include drawings and a narrative.
• 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 as required by the Water Supply
Watershed rules (i.e., 30 foot vegetated buffer).
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished.
The DWQ understands the US Army Corps of Engineers has required remedial action for the
dredging activities and will coordinate efforts as needed.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Lori Beckwith - USACE
=RO=Fi°1e=Copy
DWQ Central Files
Matt Mason - Macon County Erosion Control
G:\W PDATA\DEM WQ\Macon\Complaints\Corpen ing\NO V-2009-SS-0008_3-1 1-09.doe

�°�W ATF94) Michael F.Easley,Governor
7 ' FILE COPY
William G.Ross Jr.,Secretary
F
C!) r North Carolina Department of Environment and Natural Resources
O Coleen H.Sullins,Director
Division of Water Quality
x
January 22, 2009
Jerry Ingate
2003 Hill Street
New Smyrna, Florida 32169
Subject: Incident Closure
Ingate Property
NOV-2008-OP-0049
Macon County
Dear Mr. Ingate:
The Division of Water Quality (DWQ) has received the Sediment Removal From Unnamed
Tributary of East Fork Overflow Creek: Final Report from Fish and Wildlife Associates,_Inc.,
related to the Notice of Violation and Recommendation for Enforcement NOV-2008-OP-0049.
DWQ has reviewed the information provided and conducted a follow-up site visit on January 8,
2009. The written response and the sediment removal results observed at the site have satisfactorily
resolved the violations noted in the subject NOV.
Thank you for your cooperation in this matter. Should you have any questions regarding these
matters or other water quality issues, please contact me at [phone] or the letterhead address
provided.
Sincerely,
Chuck Cranford ('
Environmental Specialist
Surface Water Protection
cc: Pam Boaze—Fish and Wildlife Associates, Inc.
Josh Ward—Town of Highlands
John Hennessy—NPS Assistance and Compliance Oversight Unit
�7R Iu lle C@�,
DWQ Central Files
o`NrthCarolina
Xatumlly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Fish and Wildlife Associates, Inc.
25 Water Tower Lane ♦ P.O. Box 241 ♦ Whittier, NC 28789
Phone: [phone] ♦ [phone] ♦ Fax: [phone]
Email:[e-mail] ♦ Web:wwwfishandwildlifeassociates.com-
December 22, 2008
L� 1
DEC 2 9 2008
Chuck Cranford
Division of Water Quality WATER QUALITY SECTION
2090 US Hwy 70 ASHEVILLE REGIONAL OFFICE
Swannanoa,NC 28778
Re: Notice of Violation,NOV-2008-OP-0049
Ingate Property, Macon County
Dear Mr. Cranford:
Fish and Wildlife Associates, Inc. has completed the sediment removal activities in the unnamed
tributary of East Fork Overflow Creek regarding the NOV-2008-OP-0049. Please find the
enclosed Final Report detailing the removal activities, as well as photo documentation at the
removal sites.
Please feel free to contact me with any questions.
Sincerely,
Pamela M. Boaze
President
cc: Jerry Ingate

SEDIMENT REMOVAL FROM UNNAMED TRIBUTARY
OF EAST FORK OVERFLOW CREEK
INGATE PROPERTY,NOV-2008-OP-0049
MACON COUNTY
FINAL REPORT
r
DEC 2 9 2008
s
W?TER QUALITY SECTION
ASHEVILLE PEGL_ ^L OFFICE
Prepared by:
Fish and Wildlife Associates,Inc.
Whittier,NC
December 2008

i
The estimate of cubic yards removed was based on the number of 5-gallon buckets filled
during the sediment removal process. From the unnamed tributary, a total of 0.64 cubic
yards was removed,which was slightly less than the target volume. FWA personnel
believe that removal of sediment lost during the pond repair on the Ingate properly has
been accomplished to the greatest practicable extent.

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90
LegendiK
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Sediment Removal Site 4ItJ
If
- Stream Y a
0 Pond
0 95 190 380 570 760
Feet
Jurisdictional waters on the Ingate Property, Highlands, Macon County, NC.

N
59 215 750
. 840
�.
981
Legend
0 Photo Sites
-- Stream
Pond
0 50 100 200 300 400
Feet
Photograph Documentation of Sediment Deposition in the unnamed tributary of East Fork Overflow Creek,Highlands,Macon County,NC.

Appendix B
Photographs of Sediment Removal Sites
Unnamed Tributary of East Fork Overflow Creek

11 11 1
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Before Before
Wz
}}
After After

Station 840, right descending bank. Station 840, showing sediment on left descending bank.
No photo was taken during the initial
investigation. Less than one hundredth
of a cubic yard of removal sediment
was present at that time. The "before"
picture was going to be taken just before
sediment removal. At that time, it was
noted and documented(see picture below)
that removable sediment was no longer present.
The opposite bank showed additional sediment
deposits from road run off,
therefore, approximately 1/4 of a cubic yard of � ®�
sediment was removed to
help maintain stream flow(see pictures to the right).
Before Before 7�
.P
After After

Station 981
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Before
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ry r-
After

�QF WA7-p172 Michael F.Easley,Governor
E C c Y
William G.Ross Jr.,Secretary
Cq r 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,
Lf
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
lRr 9iJe-GiiaPe
DWQ Central Files
Non
hCarolina
,Vatura!!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] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
G:IWPDATAIDEMWQIMaconlComplaintslingatePondlSed Rem Plan_Approval-11-21-08.doc

Fish and Wildlife Associates, Inc.
25 Water Tower Lane ♦ P.O. Box 241 ♦ Whittier, NC 28789
Phone: [phone] ♦ [phone] ♦ Fax: [phone]
Email: [e-mail] ♦ Web: www.fishandwildlifetit, .��a ,
yaan.e!'""n Y*'fta•.a i u.-.i_�.�t..'x:.�e�'°`"'.^"
E C E E
November 10, 2008
w �
.1
NOV 14 2008
it
Chuck Cranford '
Division of Water Quality
7O VIWATER QUALITY SECTION
2090 US Hwy ASHELLE REGIONAL OFFICE
Swannanoa NC 28778 r((y�gg^� "
51:�..f:':5.ad+e::w3r. a?iCS.h�: .�
ti>'e� ]:W,,:_..^.` C.'•�ii1":YNYicsl`.u)S`.K'l.:u+ ..-s::::1+1'CA... : 1....!s.... '
John Hennessy
Wetlands and Stormwater Branch
NPS Assistance and Compliance Oversight
1617 Mail Service Center
Raleigh,NC 27699
Re: Notice of Violation and Recommendation for Enforcement
Ingate Property
NOV-2008-OP-0049
Stream Standard Violation and Failure to Secure a 401 Water Quality Certification (WQC)
Macon County
Dear Mr. Cranford and Mr.Hennessy:
Fish and Wildlife Associates, Inc. (FWA)was retained by Jerry Ingate to assist with a sediment
removal plan and the permit application regarding the NOV-2008-OP-0049. FWA.conducted a-
field survey on October 30, 2008 to assess sediment impacts on the unnamed tributary of East
Fork Overflow Creek and map jurisdictional waters on the Ingate property.
While mapping jurisdictional waters on the property, FWA noted the similarity between
sediment deposits upstream and downstream of Mr. Ingate's pond. The sediment deposits above
and below the pond were similar in color and texture. FWA believes that a majority of deposits
below the pond did not come from the dredged material'and that the deposits are normal bedload.
There was little evidence of silty, organic substrate typically found at the bottom of ponds. No
delta was observed at the confluence with East Fork Overflow Creek,while an adjacent tributary,
immediately upstream, had a large delta of fine sediments at its confluence with East Fork
Overflow Creek. Photographs of the upstream sediment deposits and the tributary's confluence
with East Fork Overflow Creek are included in the referenced photographs section(see
attached).

Although most of the sediment deposits are likely normal bedload, FWA plans to remove
sediment within the first 100 feet and the larger deposits downstream (see attached Sediment
Removal Plan). A 401 Water Quality Certification and 404 permit will be submitted for
activities conducted on Mr. Ingate's property.
Sincerely,
`7a,,,J. `fn.
Pamela M.Boaze
President
cc: Jerry Ingate

Stream Standard
Construction History
The gate, stanchion, and rod were leaking/rusted and in need for repair. The pond was
drained in May 2008. The decision was made to dredge the pond while the pond was
drained. During the repairs and dredging, a series of small settling basins/dikes were
constructed to catch sediment and control turbidity. Hay bales were also placed at the
dam to trap sediments. Dredging, dam maintenance, and spillway repair were completed
by September 1, 2008. The dredging and spillway repair were completed prior to the
August 25-26 Hurricane Fay storm event. The dam maintenance was not complete;
therefore, a tarp was placed over the dam to prevent erosion. In addition,hay bales were
placed in the front and back of the drain to trap sediment.
Sediment Removal Plan
FWA surveyed the tributary on foot from the pond to the confluence with East Fork
Overflow Creek. The tributary had a bedrock bottom and many cascades. Sediment
deposits were mostly observed in pools. The locations of accumulated sediment were
marked with flagging above the thalweg. The sediment deposits were measured. Using
the length,width, and average depth,the amount of sediment was calculated to be
approximately 2.3 cubic yards. Figuring that the last one inch of sediment can not be
removed, 1.8 cubic yards are removable.
Removal will be from upstream to downstream. To document the removal/restoration,
photographs of the impacted areas before and after sediment removal will be taken.
FWA plans to remove sediment deposits and hay bales in the first 100 feet downstream
of the pond, as well as the larger removable deposits in the remainder of the reach. FWA
does not plan to remove sediment that will result in over-widening of the stream. In
addition, it is expected that the smaller deposits will provide habitat for benthic
macroinvertebrates.
Sediment deposits in the stream below the pond will be manually removed by shoveling
sediment into buckets and emptied into a dump truck for removal to a permanent waste
disposal site. A sand wand was considered for sediment removal. Due to steep slopes
and thick rhododendron understory along the tributary, a sand wand would not be
practical.
The sediment that is removed will be taken to an upland site, spread as thinly as possible
and seeded. Silt fencing will be placed along the lower slope of the disposal. While
removing sediment from the stream,hay bales will be placed downstream of restoration
activities in order to maintain turbidity level standards. Temporary silt fencing may also
be used wherever possible.
FWA intends to begin the sediment removal process within seven days of DWQ's
approval of the sediment removal plan. Restoration activities are expected to be
complete within one to two days.

r401 Water Quality Certification
Mr. Ingate did not secure an appropriate 401 Water Quality Certification and a 404
Permit because he was unaware that permits were needed to repair his drain valve and/or
dredge his pond. The 401/404 permit will be submitted concurrently with the sediment
removal.
Total Removable Sediment
Unnamed Tributary of East Fork Overflow Creek
Station
Width Length Depth Cubic Yard Removable
inches inches inches Sediment*
12 24 120 6 0.37037037 0.308641975
59 24 48 2 0.049382716 0.024691358
215 12 66 6 0.101851852 0.084876543
290 60 120 4 0.617283951 0.462962963
355 12 36 4 0.037037037 0.027777778
425 12 60 6 0.092592593 0.077160494
445 24 24 6 0.074074074 0.061728395
492 24 48 3 0.074074074 0.049382716
585 48 60 8 0.49382716 0.432098765
625 24 24 4 0.049382716 0.037037037
750 36 60 6 0.277777778 0.231481481
840 6 48 2 0.012345679 0.00617284
981 24 36 5 0.092592593 0.074074074
Total Sediment: 2.342592593 1.87808642
*Removable sediment was determined by subtracting 1 inch from the depths

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Sediment Removal Site
0
Stream
a •N; .
0 Ponds g r
0 95 190 380 570 760
Feet
Jurisdictional waters on the Ingate Property, Highlands, Macon County, NC.

'A
585 625
59 216 290 366 425445 49 760
12 840
uKY {
a
981
Legend
M Photo Sites
Stream
Pond
0 50 100 200 300 400
Feet
Photograph Documentation of Sediment Deposition in the unnamed tributary of East Fork Overflow Creek,Highlands, Macon County, NC.

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prior to removal to include in
Final Report.
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removal to include in Final Report.
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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
FR E COP Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
September 29,2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8282
Jerry Ingate
Ingate Property
2003 Hill St
New Smyrna,FL 32169
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Ingate Property
NOV-2008-OP-0049
Stream Standard Violation- Other Waste(In-stream sediment)
Failure to Secure a.401 Water Quality Certification(WQC)
Macon County
Dear Mr. Ingate
On September 4, 2008, Chuck Cranford from the Asheville Regional Office of the Division of,
Water Quality(DWQ) conducted a site inspection at the Ingate Property at 2764 Dillard Road in
Macon County. Josh Ward from the Town of Highlands was present.
Stream standard and 401 Water Quality Certification violations were noted during the inspection
and file review. Sediment impacts to an unnamed tributary of East Fork Overflow Creek,
classified as C/Trout/Outstanding Resource.Waters,were documented.
VIOLATIONS
1. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 900 feet of an unnamed tributary of East Fork Overflow Creek was
impacted-by sediment deposition ranging from 3 to 8 inches throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
11. Failure to Secure a 401 WQC -DWQ site visits and file review confirmed that impacts
occurred without a 404 Permit from the U.S. Army Corps of Engineers. A file review
indicates that the U.S. Army Corps of Engineers (COE) has not authorized use of a 404
Permit for this activity nor has notification been provided to the COE for this activity. The
file review confirmed that a Pre-construction Notification has not been received by the
Division of Water Quality for this project and that a 401 Water Quality Certification has
No One
Noatura!!�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Jerry Ingate
September29,2008
not been issued. A Pre-Construction-Notification submitted to DWQ is requ
the above-mentioned impacts pursuant to 15A NCAC 2H'.0500.
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 to 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:
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
Restoration Plan must address,removal of the_accumulated sediment.from the...
unnamed tributary of East Fork Overflow Creek. The Plan must be submitted to the
Division of Water Quality for review and approval prior to 'implementation. You are
encouraged to secure an environmental consultant experienced in stream restoration
to assist you with development of your plan,permit application 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. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
Catalogl

Page 3 of 3
1Catlon
Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
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.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
.subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at(828)296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
DWQ Central Files
Division of Land Resources
Josh Ward—Town of Highlands
Catalog 1

Telephone Communication
Date: 10/8/2008
Time: 03:28 pm
To: Chuck Cranford
From: Mr. Ingate
RE: NOV Response
Comments: Mr. In gate will be enlisting a consultant to comply with the NOV.
Due date has been extended 30 days.
G:\WPDATAXDEMWQ\TXTCBC\Templates

Incident Report
Report Number: 200802746
Incident Type: Complaint On-Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 08/25/2008 Company Name:
County: Macon Phone:
City: Highlands Pager/Mobile Phone: /
Farm#:
Responsible Party: Reported By:
Owner: First/Mid/Last Name: Dorothy O'Neill
Permit: Company Name:
Facility: Ingate Property Address: 174 Highland Ter
First Name: Jerry
Middle Name: City/State/Zip: Athens GA 30606
Last Name: Ingate Phone: [phone]
Address 2003 Hill St Pager/Mobile Phone: /
City/State/Zip: New Smyrna FL 32169
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty.lbs. Reportable Qty.kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Ingate Pond
Address: 2764 Dillard Rd
City/State/Zip Highlands NC 28741
Report Created 09/26/08 04:16 PM Page 1

Cause/Observation: Directions:
Sediment in creek
Action Taken: Comments:
Site visit Dam repairs and possible work in creek committed.
Incident Questions:
Did the Material reach the Surface Water? Yes Conveyance: Unnamed tributary
Surface Water Name? East Fork Overflow Creek
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted: Unknown
Event Type Event Date Due Date Comment
Incident closed
Requested Additional Information
Referred to Regional Office-Primary Contact
Report Entered 2008-09-26 04:14:19
Report Created 09/26/08 04:16 PM Page 2

tart 2008-08-25 11:45:00
rt Received 2008-08-25 11:45:00
Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Chuck Cranford Chuck Cranford Chuck Cranford
Phone:
Date/Time: 2008-08-25 11:45:00 AM 2008-09-26 04:14:19 PM
Referred Via: email
Did DWQ request an additional written report?
If yes,What additional information is needed?
Report Created 09/26/08 04:16 PM Page 3

i!ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVE'RY
■ Complete items 1,2,and 3.Also complete A Signatu ,^
item 4 if Restricted Delivery is desired. X ❑Agent
N_Print_y_our name_and_address on the reverse > o ❑Addressee
I-ted`I1faee)�^ ate of Delivery
PIMA
North Carolina Depaytment o�j� ��
• Environment and Natural Resource
I � Division,of Water Quality�`d�ffe�fitirom em 1?�0 Yes
Surface Water Protection SeeQ��iery ad dress�b�
NCDENR 2090 U.S.Highway70,Swann;noaiNC
JERRY IItGATE
-1NGATE PROPERTY �cv
„'2003 HILL STREET I 3_ 6 rv., tepee-
NEW SMYRNA FL 32169 Certified.Mait .`❑Express:Mali
❑Register�e�d,�DgR urn Receip or rcha dise
❑Insun�Mail, C.OSD.
4. Restricted Delivery?'(Extr ,Fee) ❑Y
7007 1490 0004 0798 8282 ;&V U •202)9-0A ao yq
fill

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CHUCK CRANFORD
NCDENR-DWQ.SWP
2090 U.S.HIGHWAY 70 -
SWANNANOA NC 28778

NOV-2008-SS-0019
Request for additional information 7-23-2008
length, and in the Nantahala River. I believe that this is normal bedload;augmented by
runoff from dirt roads.
The amount of deposition was estimated by measuring from the upstream to the
downstream length at each site. An average width and depth of the deposit was
estimated. The cubic yardage was calculated. A table is attached showing the location,
measurements,and cubic yardage. Removal will be done manually, shovel and bucket,
due to the heavy vegetation along the stream. Temporary silt fences will be placed across
the stream to trap the fines released by-the removal operation. At least half the sediment
deposition is on the banks,not in-stream. Most of this sediment can be removed down to
the original bank contours. In-stream deposition is more difficult to remove because it
has to be lifted out through running water and because the gravel/cobble substrate hinders
removal. Therefore,I calculated the amount of material to be removed by reducing the
deposition depth one inch. The material removed will be measured and should fall
between the two estimates.

N
Tigertail Drive
526' 426'
343'
29' 305'
00' 279'
253' {
38' 210' 191'
163' 116' 94' 46'33'20'. 3'
t
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Shope Lake
Legend s 5
�i Shope Lake Photo Sites
Limited Access
Highway }}`
G.:.
Major Road
Local Road
—Minor Road
--- Other Road .E
Ramp I>
-- Ferry
Pedestrain Way
Lake
0 60 120 240 Feet
I t t t I t i t I
Photo sites on unnamed tributary below Shope Lake, Macon County, NC.

N
T.`9gTI9:"prive 635'
s95'
1266' 7 5'
8 85'
07'
179'1170' 88 '
1085' 1 1005'
15'
Legend
Shope Lake Photo Sites
Limited Access
�® Highway
�+ Major Road
Local Road
Minor Road
--- Other Road
Ramp
-- Ferry
Pedestrain Way
Lake
0 60 120 240 Feet
I t t i I I t i I
Photo sites on unnamed tributary below Shope Lake,Macon County, NC.

N
Tigertail Drive
1307' 1268'
� "• 1465'15 -
_� 1629'
?` 1791170'
Rainbow ��:.:
Springs Lake g
Legend
M Shope Lake Photo Sites
Limited Access
® Highway
• Major Road
Local Road
Minor Road
--- Other Road
Ramp
---- Ferry
Pedestrain Way
Lake -
0 60 120 240 Feet
I i i i I i i t 1
Photo sites on unnamed tributary below Shope Lake, Macon County, NC.

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j,.
a.
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Legend
(�• Rainbow Springs Photo Sites
Limited Access
Highway
Major Road
Local Road
--Minor Road
--- Other Road
Ramp
---- Ferry
Pedestrain Way
Moore Creek
Lake
0 60 120 240 Feet
I i i i I i I i I
Photo sites on Moore Creek below Rainbow Springs Lake, Macon County,NC.

Rainbow Springs Rd
527'
6 '
7 2'
•
8'
997'997'
•
1 2'
00'1200'
• 880,880, o
Legend a
Rainbow Springs Photo Sites
cn
Limited Access N
Highway a
Major Road
Local Road
Minor Road
--- Other Road
Ramp
---- Ferry
Pedestrain Way
Moore Creek
Lake
0 60 120 240 Feet
I t t t I t t t I
Photo sites on Moore Creek below Rainbow Springs Lake, Macon County,NC.

Rainbow Springs Rd
1647' 1500'
1716' • 1450'
1745 • �
•
1 g 1370'
1892'
•
Legend
W Rainbow Springs Photo Sites
Limited Access
Highway
Major Road
Local Road
---Minor Road
--- Other Road
Ramp
---- Ferry
Pedestrain Way
Moore Creek
Lake
0 60 120 240 Feet
I I i i I I I i I
Photo sites on Moore Creek below Rainbow Springs Lake, Macon County,NC.

Rainbow Springs Rd
1647'
1716' •
1745'•
•
18 '
1892' •
00'
Legend
(rJ• Rainbow Springs Photo Sites
Limited Access
Highway
Major Road
Local Road
- —Minor Road
--- Other Road
Ramp
--- Ferry
Pedestrain Way
Moore Creek
0 Lake
0 60 120 240 Feet
Photo sites on Moore Creek below Rainbow Springs Lake, Macon County,NC.

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Moore Creek below Rainbow Springs Lake
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Upper end of Shope Lake
Trib on LOB of lake
O
Tigertail Drive
hope Lake Dam at outlet
Shope Lake ,
Legend
t n ROB of lake
© Streams •
Unnamed Tributary
a
Limited Access
Highway
Q
Major Road �Zi
Local Road
— Minor Road
--- Other Road co
J�
Ramp
---- Ferry
Pedestrain Way
Wetlands
Lake
0 100 200 400 Feet
I i i I I i i i I
Aquatic resources on unnamed tributary below Shope Lake, Macon County,NC.

Tigertail Drive
Moore Creek
rib on LDB and RDB
hope Lake Dam at outlet
Shope Lake
tream on LDB
Legend
® Streams
Unnamed Tributary
Limited Access
® Highway
— Major Road
Local Road
—Minor Road
--- Other Road
Ramp
---- Ferry
Pedestrain Way
Wetlands
Lake
0 100 200 400 Feet
I i t i I i t t I
Aquatic resources on unnamed tributary below Shope Lake, Macon County,NC.

Unnamed Trib to IRS lake Moore Creek at outflow
r ' Stre on LDB Moore Creek at backwaters
r tream on LDB
Lake ,.
G 'f Stream an LDB
A
Legend
0 Streams
Unnamed Tributary
Limited Access
Highway
v� Major Road
Local Road
Minor Road
--- Other Road
Ramp
--- Ferry
Pedestrain Way
.. Wetlands
Lake
0 100 200 400 Feet
i i i I i i i I
Aquatic resources on unnamed tributary below Shope Lake, Macon County,NC.

Ark
Unnamed Trib to IRS lake Moore Creek at outflow
l
1
k F ..ib tk
r k < Backwaters s ake
on LDB Moore Creek at backwaters
< 1 °RainbowkSpringsz
Lakes '
Stream an LDB
W r
W, e t .i
h3 y
Legend s
rt4
® Streams
Unnamed Tributary
Limited Access
Highway
�■ Major Road
Local Road
--Minor Road
--- Other Road
Ramp
-- Ferry
Pedestrain Way
Wetlands
Lake
0 100 200 400 Feet
i i i I i t i
Aquatic resources on Moore Creek below Rainbow Springs Lake, Macon County,NC.

IF_ Ark
S Rd ®Rainbo lsrm Sgs L
,V
VVWC on LDB L'
Culve
on RDB
Stream on RDB _,
am on RDB
Legend
® Streams
Moore Creek
o Nantahala River
Limited Access
Highway
�^ Major Road
Local Road N.
7�
Minor Road O
-- Other Road N
Ramp 0�
--- Ferry SN
Pedestrain Way
Wetlands
Lake
0 100 200 400 Feet
Aquatic resources on Moore Creek below Rainbow Springs Lake, Macon County,NC.

Rainbow Springs Rd
Stream on RDB
,
f ✓ f f Stream
Legend
S Streams
Moore Creek N
a�
® Nantahala River �ahai
Limited Access a Rider
Highway
Major Road
Local Road
--Minor Road
--- Other Road
Ramp
-- Ferry
Pedestrain Way
Wetlands
Lake
0 100 200 400 Feet
I i I i I i i I I
Aquatic resources on Moore Creek below Rainbow Springs Lake, Macon County,NC.

Fish. and Wildlife Associates, Inc.
Main Office at: P. Oo Box 241 Tel [phone]
25 Water Tower Lane Whittier, NC 28789 Fax[phone]
Whittier,NC 28789 Email [e-mail]
July 22,2008
Division of Water Quality
Attn: Chuck Cranford
2090 US HWY 70
Swannanoa,NC 28778
Wetlands and Stormwater Branch
NPS Assistance and Compliance Oversight Unit
Attn: John Hennessy
1617 Mail Service Center
Raleigh,NC 27699-1617
SUBJECT: Sediment Removal Plan Review
NOV-2008-SS-0019
Macon County
Dear Mr. Cranford and Mr.Hennessy:
The additional information requested for the Sediment Removal Restoration plan is
included below by item.
1. A sediment impact summary; including,the depth and extent of sediment discharged
to Moore Creek and the Nantahala River.
Repsonse: The deposition of sediment from Shope Lake into Moore Creek will be
documented as follows..The individual areas of deposition will be recorded by linear
foot from the dam downstream. The depth of the sediment deposit and its extent by area
will be recorded. GPS readings will be taken whenever possible. The sediment in place
will be photodocumented, showing position and depth in stream. The number of 5 gallon
buckets of sediment removed will be recorded to give an overall volume of sediment
removed. The removal from Shope Lake to the backwater of Rainbow Springs lake will
be the extent of stream for which Mr. Shope is responsible.
The deposition of sediment from Rainbow Springs Lake to the Nantahala River will be
documented as follows. The individual areas of deposition will be recorded by linear
foot from the dam downstream. The depth of the sediment deposit and its extent by area
will be recorded. GPS readings will be taken wherever possible. The sediment in place
will be photodocumented. The volume of sediment removed will be estimated. The

sediment will be removed from the dam to the wetland in the old beaver pond and below
the wetland to the Nantahala River.
2. Areas of sediment removal must be identified and depicted on a map with
corresponding photographs.. At a minmum, stream channel photographs should.be
collected at 100-foot intervals.
Response: This will be done. If the stream channel is not wadeable in the wetlands or
beaver ponds,these areas will be omitted. As much photodocumentation as possible will
be provided for these areas.
3. Turbidity reduction measures must be utilized downstream of the work area.
Response: Straw bales will be used in Moore Creek below the work area, starting with
the uppermost reach. The deepest and most abundant sediment deposits occur in the
portion of Moore Creek below Shope Lake and above the first unnamed tributary. These
will be removed upon completion of the sediment removal in the upper stream reach.
The lower reach will be evaluated as to the most suitable placement for turbidity
reduction. Depending on the flow in the stream,bales or temporary silt fencing across
the stream above the beaver pond and above the wetland in the lower reach on Moore
Creek.
4. Utilization of vacuum actuated sediment removal technology most be evaluated.
The use of a Sand Wand was considered. The requirements for this technology are a
power source and sufficient depth in the stream to run the equipment. The power source
is a small generator,but too heavy for one man to carry. The suction hose and source
water pump hose are 2"in diameter. A 4-5"deep pool is necessary for the water source
intake. This system only removes sediment from the stream bottom. Sediment that is
not underwater must be removed manually.
Moore Creek is not flowing through Shope Lake. The stream is only 1' wide and 1-2"
deep in the reach between the dam and the confluence with Moore Creek. The sediment
deposits are mostly not underwater. The sand wand cannot be used in this stretch due to
location of the sediment and lack of pools.
Although there are two places for a reach of about 200 feet that the sand wand could be
used in Moore Creek below Rainbow Springs Lake,the remainder of the stream has thick
understory. The generator is a problem in the thick undergrowth. Therefore, I don't
believe that there is enough accessible stream length to warrant using this technique.
5. A timeline for initiation and completion of sediment removal/restoration efforts.
Both parties wish to remove the sediment as soon as possible. Bud Shope has the
personnel and equipment available to remove the sediment in his portion on Thursday,
July 24t`. The estimated time for completion of the removal is one day. The sediment

d
11 be spread thinly on an upland site. Silt fencing will be placed across the natural
ainage patterns to hold the sediment on site. After drying for 2-3 weeks,the final
seeding will be done.
The Rainbow Springs Partnership is prepared to remove the sediment on July 31;2008.
Estimated time to complete removal and spread the sediment at an upland site is one day.
Temporary seed will be sown for stabilization and permanent seeding will be done after
the sediment has dried.
As discussed with Chuck on July 22,2008,I will evaluate the impacts to the Nantahala
River from the initial sediment event and include this in the final report.
This is submitted on behalf of both Edgar B. Shope and the Rainbow Springs Partnership.
Sincerely,
Pamela M. Boaze
President
Cc: Edgar B. Shope
Rainbow Springs Partnership

Q�OF W 1FhjQG Michael F.Easley,Governor
William G.Ross Jr.,Secretary
F' I L orth Carolina Department of Environment and Natural Resources
p Coleen H.Sullins,Director
Division of Water Quality
SURFACE WATER PROTECTION
July 23, 2008
Edgar B. Shope
756 Wayah Road
--- ---Franklin—NC-2873 - ----- ---- ----. - ...
Charles D. Owen, Jr.
Rainbow Springs Partnership
7 Greenwood Road
Asheville,NC 28803
SUBJECT: Sediment Removal Plan Review:
Response to July 22, 2008 Follow-up
NOV-2008-SS-0019
Macon County
Dear Messrs. Shope and Owen:
The Division of Water Quality has received additional correspondence from Fish and Wildlife
Associates, Inc. in response to a request for more detailed information prior to approving the
proposed Sediment Removal Plan associated with NOV-2008-SS-0019.
The DWQ has found the latest response inadequate. Particularly, items 1 and 2 repeated below:
1. A sediment impact summary; including, the depth and extent of sediment discharged to
Moore Creek and the Nantahala River.
2. Areas of sediment removal must be identified and depicted on a map with corresponding
photographs. At a minimum, stream channel photographs should be collected at 100-foot
intervals within the impacted reaches of Moore Creek.
The information requested above is standard for stream restoration plans submitted to the DWQ and
considered essential for planning and successful outcomes.
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this letter. Your
response should be sent to both to the.attention of Chuck Cranford, Division of Water Quality,
No ethCarolina
7Jatura!!;
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Messrs. Shope and Owen Page 2 of 2
July 23,2008
2090 US HWY 70, Swanannoa,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.
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 response to this correspondence will be
considered in this process. Violations related to NOV-2008-SS-0019 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 me at [phone].
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: Pam Boaze—Fish and Wildlife Associates, Inc.
Tim Moore—Rainbow Springs
DWQ Central Files
Macon County Planning
G:\WPDATA\DEMWQ\Macon\Complaints\RainbowSprings\RestorationPlanRespohse2.1_7-23-08.doc

�F WAr�9 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
\� pG North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins,Director
_ AILE CCPY
Division of Water Quality
O 'C
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Edgar B. Shope
756 Wayah Road
Franklin,NC 28734
Rainbow Springs Partnership
Charles D. Owen, Jr.
7 Greenwood Road
Asheville,.NC 28803
SUBJECT: Sediment Removal Plan Review
NOV-2008-SS-0019
Macon County
Dear Messrs. Shope and Moore:
The Division of Water Quality has received correspondence in response to the NOV noted above;
including, a proposed Sediment Removal Restoration Plan from Fish and Wildlife Associates, Inc.
This letter requests additional information prior to approval of sediment removal efforts.
The following items are required to be included in the Plan:
1. A sediment impact summary; including,the depth and-extent of sediment discharged to
Moore Creek and the Nantahala River.
2. Areas of sediment removal must be identified and depicted on a map with corresponding
photographs. At a minimum, stream channel photographs should be collected at 100-foot
intervals.
3. Turbidity reduction measures must be utilized downstream of the work area.
4. Utilization of vacuum actuated sediment removal technology must be evaluated. This is in
consideration of the Outstanding Resource/Trout water classification of Moore Creek.
5. 'A timeline for initiation and completion of sediment removal/restoration efforts.
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this letter. Your
response should be sent to both to the attention of Chuck Cranford,Division of Water Quality, One
No hCarolina
Natumlip,
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Macon\Complaints\RainbowSprings\RestorationPlanResponse_7-15-08.doc

Messrs. Shope and Moore Page 2 of 2
July 16,2008
2090 US HWY 70, Swanannoa,NC 28778 and to the attention of-Mt John Hennessy at the
Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh,NC 27699-1617.
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 response to this correspondence will be
considered in this process. Violations related to NOV-2008-SS-0019 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 me at [phone].
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: Pam Boaze—Fish and Wildlife Associates, Inc.
Tim Moore—Rainbow Springs
DWQ Central Files
Macon County Planning

Fish and Wildlife Associates, Inc.
Main Office at: P. O. Box 241 Tel [phone]
25 Water Tower Lane Whittier, NC 28789 Fax[phone]
Whittier,NC 28789 Email [e-mail]
July 22, 2008
Division of Water Quality
Attn: Chuck Cranford
2090 US HWY 70
Swannanoa,NC 28778
Wetlands and Stormwater Branch
NPS Assistance and Compliance Oversight Unit
Attn: John Hennessy
1617 Mail Service Center
Raleigh,NC 27699-1617
SUBJECT: Sediment Removal Plan Review
NOV-2008-SS-0019
Macon County
Dear Mr. Cranford and Mr. Hennessy:
The additional information requested for the Sediment Removal Restoration plan is
included below by item.
1. A sediment impact summary; including,the depth and extent of sediment discharged
to Moore Creek and the Nantahala River.
Repsonse: The deposition of sediment from Shope Lake into Moore Creek will be
documented as follows. The individual areas of deposition will be recorded by linear
foot from the dam downstream. The depth of the sediment deposit and its extent by area
will be recorded. GPS readings will be taken whenever possible. The sediment in place
will be photodocumented, showing position and depth in stream. The number of 5 gallon
buckets of sediment removed will be recorded to give an overall volume of sediment
removed. The removal from Shope Lake to the backwater of Rainbow Springs lake will
be the extent of stream for which Mr. Shope is responsible.
The deposition of sediment from Rainbow Springs Lake to the Nantahala River will be
documented as follows. The individual areas of deposition will be recorded by linear
foot from the dam downstream. The depth of the sediment deposit and its extent by area
will be recorded. GPS readings will be taken wherever possible. The sediment in place
will be photodocumented. The volume of sediment removed will be estimated. The

sediment will be removed from the dam to the wetland in the old beaver pond and below
the wetland to the Nantahala River.
2. Areas of sediment removal must be identified and depicted on a map with
corresponding photographs. At a minmum, stream channel photographs should be
collected at 100-foot intervals.
Response: This will be done. If the stream channel is not wadeable in the wetlands or
beaver ponds,these areas will be omitted. As much photodocumentation as possible will
be provided for these areas.
3. Turbidity reduction measures must be utilized downstream of the work area.
Response: Straw bales will be used in Moore Creek below the work area, starting with
the uppermost reach. The deepest and most abundant sediment deposits occur in the
portion of Moore Creek below Shope Lake and above the first unnamed tributary. These
will be removed upon completion of the sediment removal in the upper stream reach.
The lower reach will be evaluated as to the most suitable placement for turbidity
reduction. Depending on the flow in the stream, bales or temporary silt fencing across
the stream above the beaver pond and above the wetland in the lower reach on Moore
Creek.
4. Utilization of vacuum actuated sediment removal technology most be evaluated.
The use of a Sand Wand was considered. The requirements for this technology are a
power source and sufficient depth in the stream to run the equipment. The power source
is a small generator, but too heavy for one man to carry. The suction hose and source
water pump hose are 2" in diameter. A 4-5" deep pool is necessary for the water source
intake. This system only removes sediment from the stream bottom. Sediment that is
not underwater must be removed manually.
Moore Creek is not flowing through Shope Lake. The stream is only 1' wide and 1-2"
deep in the reach between the dam and the confluence with Moore Creek. The sediment
deposits are mostly not underwater. The sand wand cannot be used in this stretch due to
location of the sediment and lack of pools.
Although there are two places for a reach of about 200 feet that the sand wand could be
used in Moore Creek below Rainbow Springs Lake, the remainder of the stream has thick
understory. The generator is a problem in the thick undergrowth. Therefore, I don't
believe that there is enough accessible stream length to warrant using this technique.
5. A timeline for initiation and completion.of sediment removal/restoration efforts.
Both parties wish to remove the sediment as soon as possible. Bud Shope has the
personnel and equipment available to remove the sediment in his portion on Thursday,
July 24th. The estimated time for completion of the removal is one day. The sediment

will be spread thinly on an upland site. Silt fencing will be placed across the natural
drainage patterns to hold the sediment on site. After drying for 2-3 weeks, the final
seeding will be done.
The Rainbow Springs Partnership is prepared to remove the sediment on July 31, 2008.
Estimated time to complete removal and spread the sediment at an upland site is one day.
Temporary seed will be sown for stabilization and permanent seeding will be done after
the sediment has dried.
As discussed with Chuck on July 22, 2008, I will evaluate the impacts to the Nantahala
River from the initial sediment event and include this in the final report.
This is submitted on behalf of both Edgar B. Shope and the Rainbow Springs Partnership.
Sincerely,
Pamela M. Boaze
President
Cc: Edgar B. Shope
Rainbow Springs Partnership

Fish and Wildlife Associates, Inc.
Main Office at: P. O. Box 241 Tel [phone]
25 Water Tower Lane Whittier, NC 28789 Fax [phone]
Whittier,NC 28789 Email [e-mail]
July 11, 2008
Chuck Cranford
Division of Water Quality
4500 Swannanoa Drive
Asheville,NC
RE: Notice of Violation and Recommendation for Enforcement
NOV-2008-SS-0019
Stream Standards Violation and Failure to secure Stormwater General Permit
Macon County
Dear Chuck:
Rainbow Springs Partnership and Mr. Bud Shope have both retained Fish and Wildlife
Associates, Inc. to assist them in the resolution of the NOV cited above. As we discussed
by telephone last week, I have developed a plan for the removal of sediment from Moore
Creek for each of the landowners. I will submit a permit for the removal/dredging of
Rainbow Springs Lake in the next two weeks.
Attached is a statement of the activities that led up to the loss of sediment into Moore
Creek, and the proposed plan for removal of this sediment. We would like to remove the
sediment next week or as soon as written or email approval of the plan has been received.
At the present time,Mr. Shope does not know whether he will dredge his lake. If he
decides to proceed with the dredging, the appropriate permits and approvals will be
requested prior to any activities.
Sincerely,
Pamela M. Boaze
President
Cc: Lori Beckwith, COE

Explanation of Sediment Loss into Moore Creek
In February 2008,the lake at Rainbow Springs was drained in preparation of removing
the excess sediment that had accumulated in the upper end. The water release from this
lake is via a gated culvert at the bottom of the dam. The overflow spillway also utilizes
this same culvert, as a surface release. During the 2004 hurricanes, stormwater
overtopped the dam as the culvert was at maximum capacity. Between hurricanes, the
gate was raised 3 inches to drain the lake sufficiently to install an emergency overflow
pipe under the road on the southern end of the dam. This is a 24" corrugated pipe.
An attempt was made in 2004 to close the gate, but some obstruction made that
impossible. From 2004 until 2008, there was flow into Moore Creek off the bottom of
the lake. In 2008,the decision was made to dredge the lake and reseat the gate. In order
to minimize loss of sediment from the lake while it was being drained,the gate was
raised slowly. The drop in lake level was monitored during the process, keeping the drop
at 2 inches every 4 hours.
The sediment deposits in Moore Creek below Rainbow Springs Lake are a light brown
sandy color. Most likely, these deposits have been building up since the hurricanes.
They are not organic waste from the bottom of the lake. They are probably a
combination of the bedload and the loss of some sandy material when the lake was
drained.
In April 2008, the lake on Bud Shope's property was also drained to allow for dredging.
The two property owners planned to use the same waste disposal site for the material
removed from the lakes. The intention was to slowly drain the Shope Lake by raising the
gate in small increments.
When the gate at the Shope Lake was initially raised, nothing happened. No water came
out. So,the gate was raised higher. The water laden with sediment that apparently had
built up around the gate rushed out and sediment was.deposited downstream in Moore
Creek. The sediment is dark black to gray in color and obviously came from the bottom
of the lake.
At the request of Chuck Cranford(DWQ), the gate was shut and the lake began to refill.
However,the gate did not seat properly and is being held open an inch or so by some
obstruction. Water is flowing out the drain pipe continuously. On June 30, 2008,the
water was not visibly turbid. On July 10, 2008 following a 1.14 inch rain, the turbidity
was 4.47 NTU.

PP'
Sediment Removal Restoration Plan
Rainbow Springs
Sediment deposits in the stream below the lake will be manually removed and disposed at
an upland site. All deposits greater than one inch in depth that show evidence of recent
deposition will be removed. The sediment will be shoveled into buckets and emptied into
a dump truck for removal to a permanent waste disposal site.
To document the removal/restoration, photographs of the impacted areas before and after
sediment removal will be taken. The linear footage from the dam downstream to each
area where sediment-is removed will be measured using a tape placed down the thalweg
of the stream. Removal will be from upstream to downstream.
The upland location for disposal of the sediment is an old timber landing cleared in 2003
and maintained as a wildlife plot after completion of the logging operation. It is located
west of the Moore residence. The plot is mostly level, draining to the south through
wooded area to the Clubhouse road. There are no streams or springs within 500+feet of
this site. Silt fencing will be installed across the drainage way and the sediment spread to
a depth not exceeding two inches. Additional seeding will be added to facilitate re-
vegetation. The plot is approximately 3075 square feet and it is believed that all the
material removed from Moore Creek can be spread there. A photo of this area is
attached. Two other upland disposal areas have been located for the dredged material
from the lake, but could also be used for the stream sediment disposal if needed.
Moore Creek below Shope Lake
The stream reach below the Shope Lake has hydric, organic sediment deposits that were
lost from lake during the draining process. The dark graylbrown sediment deposits will
be removed carefully to insure that original stream substrate is left in place. All material
greater than one inch in depth will be removed manually. This material will be shoveled
into buckets, hauled to a dump truck, and removed to the disposal site.
The impacted stream areas will be photodocumented both before and after removal of the
sediment. The areas will be located by linear footage from the dam downstream as
measured by a tape laid down the thalweg of the stream.
The disposal area will be the yard behind the old house. All excavated sediment will be
kept 100 feet or more from the lake and Moore Creek. Silt fencing will be installed
across the sides to which drainage would occur. The sediment will be spread as thinly as
possible and seeded.

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Sediment Removal Gnid2nce
Sediment Removal Plan
I. Intro./Overview
II. Stream Description/Impact Summary
III. Sediment Removal Plan of Action
a. Sediment Removal Technique
b. Turbidity Reduction Technique Downstream
c. Sediment Spoil Area/Mechanisms
d. Timeline for Removal Process
e. Who will oversee laborers performing work
Attachments:
• Site Map-USGS Topo
• Photo Documentation of Sediment Impacts (Minimum 1 photo per
100 Linear Feet of Stream Channel Impacts)
• Stream Reach Overview/Delineation
o Indicate Markers/Cross Sections/Reference Points for Photo
documentation.
Note: If Cross Sections are performed or required, include "PRE"Removal
Cross Sections
Sediment Removal Final Report
I. Overview of Restoration Work
II. Post Removal Assessement
a. Photo Documentation following Sediment Removal at same
locations as previous photo documentation (Also include a
photo documenting spoil area)
b. Other Findings-Visual/Survey Work
III. Conclusions
Note: If Cross Sections have been surveyed included "POST" Removal
Cross Sections.

Communication Log
To: Rainbow Springs File
Author. Chuck Cranford
Date: 6/11/2008
Re: Phone message
11:50 AM: Called Mr. Bud Shope and left message at his home requesting him to call regarding his
lack of response to the NOV.
i
1

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G. F RE 40HPartment of Environment and Natural.Resources
Coleen H.Sullins,Director
Division of Water Quality
C
Asheville Regional Office
SURFACE WATER PROTECTION
May 20, 2008
Edgar B. Shope
756 Wayah Road
Franklin,NC 28734 .
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7941
Rainbow Springs Partnership
Tim Moore
781 Rainbow Springs Road
Franklin,NC 28734
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-SS-0019
Stream Standards Violation- Other Waste (In-stream sediment)
Failure to Secure Stormwater General Permit NCGO10000
Macon County
Dear Messrs. Shope and Moore:
On May 8, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection along Moore Creek and the Nantahala River in Macon
County. According to the incident file,Mr. Moore was in attendance during part of the site visit.
Stream standards and Construction Stormwater Permit NCG010000 violations were noted during
the site visit and file review. Sediment impacts to Moore Creek, classified as C, Tr, ORW waters
and the Nantahala River, classified as B,Tr, ORW waters, were documented.
This office understands that release of water and sediment from the Upper and Lower Moore
Creek Lakes occurred during separate events. According to information provided to DWQ, the
Lower Lake, owned by the Rainbow Springs Partnership,was drained in February 2006 and the
Upper Lake, owned in part by Mr. Shope was drained on or about April 28, 2008.
The documented violations apply to both parties and are detailed below:
None Carolina
�turallr�
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G\W PDATA\DEMWQ\Macon\Complaints\RainbowSprings\NOV-2008-SS-019.doc

Messrs.Shope and Moore Page 2 of 3
May 20,2008 ? :3 ` s 44
VIOLATIONS
I. Stream Standards Violation- Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (3)f- Greater than 4,500 feet of Moore Creek, classified as C, Tr, ORW waters,was
impacted by sediment deposition estimated to be between 3 and 17 inches throughout the
stream reach. An indeterminate length of the Nantahala River,classified as B,Tr, ORW
waters, was also impacted by sediment deposition ranging upwards of 14 inches. These
impacts represent Water Quality Stream Standards violations of 15A NCAC 02B .021.1-(3) .
(f)-
H. Failure to Secure Stormwater General Permit NCGO10000 - Site visits and information
provided by Macon County Erosion Control confirmed that no application had been
submitted nor approval received for a Sedimentation and Erosion Control (S&EC)Plan
relating to the subject land-disturbing activity. The submission of a proposed S&EC Plan to
the Division of Land Resources or delegated local program shall be considered to take the
place of a Notice of Intent for coverage under the NCGO10000 General Permit needed for
those projects disturbing greater than 1 acre of land and requiring a S&EC Plan. Coverage
under this General Permit shall become effective upon issuance of an approval for the
S&EC Plan by the Land Quality Section of the Division of Land Resources or delegated
local program.
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 to the attention of Chuck'Cranford, Division of Water Quality,
2090 US HWY 70, Swanannoa,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. Stream Standards - Other Waste (In-Stream Sediment)
a. Please explain how and when the sediment discharge 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 Moore Creek and the Nantahala River. 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 work to assist you with development and
implementation of the Restoration Plan in order 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:
An impact assessment of both Moore Creek and Nantahala River.

d Moore Page 3 of 3
8
• 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 Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
H. Construction Stormwater Permit NCGO10000
a. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
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 or myself at(828)
296-4500.
Sincerely,
Roger C.Edwards
Regional Supervisor
.Surface Water Protection Section
Enclosure: NCGO1000
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ajyj,ijQn of Land Resources
DWQ Central Files
Macon County Planning

Permit No.NCGO10000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended,
All owners or operators of stormwater point source discharges associated with construction
activities including clearing, grading and excavation activities resulting in the disturbance of land
are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a .
separate storm sewer system conveying storm' water to the surface waters.
The General Permit shall become effective on October 3, 2006.
The General Permit shall expire at midnight on September 30,2008.
Signed this day October 3, 2006.
Original signed by Coleen Sullins
for Alan W. Klimek,P.E.,Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Page 1 of 20 Pages

7
Permit No. NCGO10000
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater which has been adequately treated and managed in accordance with an approved
Erosion and Sedimentation Control'Plan by the North Carolina Division of Land Resources,
Land Quality Section,. or a delegated local program under the provisions and requirements of
North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a
separate storm sewer system. All discharges shall be in accordance with the attached schedules
as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part H: Standard Conditions
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval. -The discharges allowed by this General Permit shall
not cause or contribute to violations of Water Quality Standards. Discharges allowed. by this
permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231
and water quality certification requirements as outlined in 15A NCAC 2H.0500.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law,rule, standard, ordinance, order,judgment, or decree.
General Permit Coverage
This General Permit is applicable to point source discharges from construction activities
disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be
applicable to point source discharges of stormwater from construction activities disturbing one or
more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to
the Division of Land Resources or'delegated local program shall be considered to take the place
of a Notice of Intent for coverage under this General Permit for those projects requiring this
Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the
Division of Land Resources or delegated local program. . Prior to the commencement of
construction and land disturbing activities approval of the Erosion and Sedimentation Control
Plan shall be obtained.
Any owner or operator not wishing to-be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to the time the permit is needed .
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been rescinded. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be rescinded and coverage under this General Permit be
provided.
Page 2 of 20 Pages

Permit No. NCGO10000
PART
MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER
DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with construction activity. Such
discharges shall be controlled, limited and monitored as specified below.
1. Prior to the commencement of construction, the permittee shall submit for approval a
Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and
Natural Resources, Division of Land Resources, Land Quality Section, (or an approved
local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity
with rules adopted by the North Carolina Sedimentation Control Commission.
2. The Permittee shall implement the plan, which has been approved by the approval
authority. The approved plan is considered a requirement or condition of this general
permit. Deviation from the approved plan, or approved amendment to the plan, shall
constitute a violation of the terms and conditions of this general permit except that
deviation from the approved plan will be allowed (1) to correct an emergency situation
where sediments are being discharged off the site or (2) when minor modifications have
been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modification has been made
to the Division of Land Resources (or approved local program). Such a deviation from
the approved plan shall be noted on the approved plan maintained at the job site. During
active construction, a copy of the approved plan shall be maintained on the site.
3. Equipment utilized during the construction activity on a site must be operated and
maintained in such a manner as to prevent the potential or actual pollution of the surface
or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any
other petroleum products, shall not be discharged onto the ground or into surface waters.
Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or
ground, of the state and in accordance with applicable state and federal disposal
regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed
of in a manner so as not to allow their entry into the waters, surface or ground, of the
state.
4. Herbicide, pesticide, and fertilizer usage during the construction activity shall be
consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
Page 3 of 20 Pages

Permit No. NCGO10000
5. All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 -Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
6. The Permittee shall control the management and disposal of litter and sanitary waste from
the site such that no adverse impacts to water quality occur.
Page 4 of 20 Pages

Permit No. NCGO10000
SECTION B: MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Water Quality.
1. All erosion and sedimentation control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days (at least twice every
seven days for those facilities discharging to waters of the State listed on the latest EPA
approved 303(d)list for construction related indicators of impairment such as turbidity or
sedimentation") and within 24 hours after any storm event of greater that 0.5 inches of
rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the
rainfall amounts and dates shall be kept by the permittee.
(**The latest approved list may be obtained from the Division of Water Quality, or from
the following website location: httpJ/h2o.enr.state.nc.uslsulconstruction303d)
2. Once land disturbance has begun on the site, stormwater runoff discharges shall be
inspected by observation for stormwater discharge characteristics as defined below at the
frequency in#1 above to evaluate the effectiveness of the pollution control facilities or
practices. If any visible sedimentation is leaving the disturbed limits of the site,
corrective action shall be taken immediately to control the discharge of sediments outside
the disturbed limits.
Stormwater Discharge Monitoring Monitoring
Characteristics T el Location2
Clarity SDO
Floating Solids SDO
Suspended Solids SDO
Oil Sheen SDO
Other obvious indicators SDO
of stormwater pollution
Footnotes:
1 Monitoring Type: The monitoring requires a qualitative observation of each
stormwater outfall. No analytical testing or sampling is required.
2 Sample Location: Stormwater Discharge Outfall (SDO)
3. The operator shall keep a record of inspections. Visible sedimentation found outside of
the disturbed limits shall be recorded and a brief explanation kept with the records as to
the measures taken to control future releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be
made available to DWQ or authorized agent upon request.
Page 5 of 20 Pages

Permit No. NCGO10000
SECTION C: SCHEDULE OF COMPLIANCE
1. The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges once disturbance has begun on the site and until completion of construction or
development and the establishment of a permanent ground cover..
2. During construction and until the completion of a construction or development and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency.
Page 6 of 20 Pages

Permit No. NCGO10000
PART II
STANDARD CONDITIONS
SECTION A: DEFINITIONS
1. Act or"the Act" or CWA
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
2. Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, -maintenance procedures, and other
management practices to prevent or reduce the pollution of waters of the United States.
BMPs also include treatment requirements, operation procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
3. DWQ or Division
The Division of Water Quality, Department of Environment, and Natural Resources.
4. Director
The Director of the Division of Water Quality, the permit issuing authority.
5. EMC
The North Carolina Environmental Management Commission.
6. Permittee
The person who signed as the financially responsible party on the Erosion and
Sedimentation Control Plan.
7. Point Source Discharge
Any discernible, confined and discrete conveyance, including but specifically not limited
to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
or concentrated animal feeding operation from which pollutants are or may be discharged
to waters of the state.
8. Administrator
Page 7 of 20 Pages

Permit No. NCGO10000
The Adminstrator of the U. S. Environmental Protection Agency.
SECTION B: GENERAL CONDITIONS
1. Duty to Comply.
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for:
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
(a) The permittee shall.comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the CWA within the time
provided in the regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
(b) The Clean Water Act provides that any person who violates section 301, 302, 306,
307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
such sections in a permit issued under section 402, or any requirement imposed in a
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean
Water Act provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject
to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not
more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any
person who knowingly violates such sections, or such conditions or limitations is subject
to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not
more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any
person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any of such sections in a permit
issued under section 402 of the Act, and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions.
Page 8 of 20 Pages

Permit No.NCGO10000
(c) Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: NC General
Statutes 143-215.6A].
(d) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a permit issued under section 402 of
this Act. Administrative penalties for Class I violations are not to exceed $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed$137,500.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any. discharge in
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in Section C. of this permit regarding bypassing of stormwater control
facilities, nothing in this general permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-
215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which
the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
5. Property Rights
The issuance of this general permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations.
Page 9 of 20 Pages

Permit No. NCG010000
6. Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder
of-this general permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The permittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
8. When an Individual Permit may be Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or an alternative general permit. Any interested person may petition the Director
to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an
individual permit may be required include,but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the. permitted site change, .altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
General Permit;.
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general
permit;
f. A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his own discretion that an individual permit is
required.
9. When an Individual Permit may be Requested
Page 10 of 20 Pages

Permit No. NCGO10000
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
10. Signatory Requirements
a. All applications, reports, or information submitted to the Director shall be signed and
certified as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production or
operating facilities provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) For a partnership or sole.proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position
of plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or,an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Director.
Page 11 of 20 Pages

Permit No.NCGO10000
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly 'responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
11. General Permit Modification,Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general permit as allowed by the laws, rules, and regulations contained in Title 40,
Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et. seq.
Page 12 of 20 Pages

Permit No. NCGO10000
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
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 general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this general permit.
3. Bypassing of Stormwater Control Facilities
a. Definitions
(1) "Bypass' means the intentional diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause,effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
C. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an
unanticipated bypass as required in Part II, E. 1(b)(1) of this general permit. (24-
hour notice). .
d. Prohibition of Bypass
Page 13 of 20 Pages

Permit No. NCGO10000
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass,unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of stormwater or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Paragraph c. of this section.
The Director may approve an anticipated bypass, after considering its adverse effects, if
the Director determines that it will meet the three conditions listed above in Paragraph d.
of this section.
4. Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
b. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
C. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
2) The permitted facility was at the time being properly operated; and
Page 14 of 20 Pages

Permit No.NCGO10000
(3) The permittee submitted notice of the upset as required in Part II, E. 3. (b) (2) of
this general permit.
(4) The permittee complied with any remedial measures required under Part H, A. 2.
of this general permit.
d. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
Page 15 of 20 Pages

Permit No. NCGO10000
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Samples shall be taken on a day and
time that is characteristic of the discharge. All samples shall be taken before the
discharge joins or is diluted by any other waste stream,body of water, or substance. .
2. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
general permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
3. Records Retention
The permittee shall retain records of all monitoring information and copies of all reports
required by this general permit, for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of
the Director at any time.
4. Recording Results
For each measurement, sample, inspection or maintenance activity performed or taken
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s).analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Page 16 of 20 Pages

Permit No. NCGO10000
5. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the,case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this general
permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
Page 17 of 20 Pages

Permit No. NCGO10000
SECTION E: REPORTING REQUIREMENTS
1. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations in the general permit, nor to notification
requirements under 40 CFR Part 122.42 (a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with the general permit
requirements.
3. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the general
permit.
(2) Any upset which exceeds any effluent limitation in the general permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed
by the Director in the general permit to be reported within 24 hours.
Page 18 of 20 Pages

Permit No. NCGO10000
C. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
4. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in any
report to the Director, it shall promptly submit such facts or information.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality. As
required by the Act, discharge data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
6. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this general permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
Page 19 of 20 Pages

Permit No. NCGO10000
SECTION F: LIMITATIONS REOPENER
This general permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b)
(2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water
quality standard so issued or approved:
a. contains different conditions or is otherwise more stringent than any effluent
limitation in the general permit; or
b. controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
Page 20 of 20 Pages

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
FILE C 0 py Coleen H.Sullins,Director
Division of Water Quality
'C
Asheville Regional Office.
SURFACE WATER PROTECTION
May 20, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7934
Edgar B. Shope
756 Wayah Road
Franklin, NC 28734
6.0
Rainbow Springs Partnership
Tim Moore
781 Rainbow Springs Road
Franklin,NC 28734
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-SS-0019
Stream Standards Violation- Other Waste (In-stream sediment)
Failure to Secure Stormwater General Permit NCG010000
Macon County
Dear Messrs. Shope and Moore:
On May 8, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection along Moore Creek and the Nantahala River in Macon
County. According to the incident file, Mr. Moore was in attendance during part of the site visit.
Stream standards and Construction Stormwater Permit NCG010000 violations were noted during
the site visit and file review: Sediment impacts to Moore Creek, classified as C,Tr,ORW waters
and the Nantahala River, classified as B, Tr, ORW waters, were documented.
This office understands that release of water and sediment from the Upper and Lower Moore
Creek Lakes occurred during separate events. According to information provided to DWQ,the
Lower Lake, owned by the Rainbow Springs Partnership,was drained in February 2006 and the
Upper Lake, owned in part by Mr. Shope was drained on or about April 28, 2008.
The documented violations apply to both parties and are detailed below:
One
NorthCarolina
Natura!!rl
090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G- PDATA\DEMWQ\Macon\Complaints\RainbowSprings\NOV-2008-SS-019.doc

Messrs.Shope and Moore
May 20,2008
VIOLATIONS
I. Stream Standards Violation- Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (3)f- Greater than 4,500 feet of Moore Creek, classified as C, Tr, ORW waters, was
impacted by sediment deposition estimated to be between 3 and 17 inches throughout the
stream reach. An indeterminate length of the Nantahala River, classified as B, Tr, ORW
waters, was also impacted by sediment deposition ranging upwards of 14 inches. These
impacts represent Water Quality Stream Standards violations of 15A NCAC 02B .0211 (3)
U. Failure to Secure Stormwater General Permit NCG010000 - Site visits and information
provided by Macon County Erosion Control confirmed that no application had been
submitted nor approval received for a Sedimentation and Erosion Control (S&EC)Plan
relating to the subject land-disturbing activity. The submission of a proposed S&EC Plan to
the Division of Land Resources or delegated local program shall be considered to take the.
place of a Notice of Intent for coverage under the NCG010000 General Permit needed for ;
those projects disturbing greater than 1 acre of land and requiring a S&EC Plan. Coverage
under this General Permit shall become effective upon issuance of an approval for the
S&EC Plan by the Land Quality Section of the Division of Land Resources or delegated
local program.
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 to.the attention of Chuck Cranford, Division of Water Quality,
2090 US HWY 70,Swanannoa,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._ Stream Standards- Other Waste (In-Stream Sediment)
a. Please explain how and when the sediment discharge 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 Moore Creek and the Nantahala River. 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 work to assist you with development and
implementation of the Restoration Plan in order 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:
An impact assessment of both Moore Creek and Nantahala River.

Page 3 of 3
• 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 Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
H. Construction Stormwater Permit NCGO10000
a. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
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 or myself at(828)
296-4500.
Sincerely,
Roger C.Edwards
Regional Supervisor
Surface Water Protection Section
Enclosure: NCGO1000
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Division of Land Resources
ARO File Copy
DWQ Central Files
Macon County Planning

Permit No.NCG010000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended,
All owners or operators of stormwater point source discharges associated with construction
activities including clearing, grading and excavation activities resulting in the disturbance of land
are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a
separate storm sewer system conveying stormwater to the surface waters.
The General Permit shall become effective on October 3, 2006.
The General Permit shall expire at midnight on September 30,2008.
Signed this day October 3, 2006.
Original signed by Coleen Sullins
for Alan W. Klimek,P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Page 1 of 20 Pages

Permit No. NC
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater which has been adequately treated and managed in accordance with an approved
Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources,
Land Quality Section, or a delegated local program under the provisions and requirements of
North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a
separate storm sewer system. All discharges shall be in accordance with the attached schedules
as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part H: Standard Conditions
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval. The discharges allowed by this General Permit shall
not cause or contribute to violations of Water Quality Standards. Discharges allowed by this
permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231
and water quality certification requirements as outlined in 15A NCAC 2H .0500.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law,rule, standard, ordinance, order,judgment, or decree.
General Permit Coverage
This- General Permit is applicable to point source discharges from construction activities
disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be
applicable to point source discharges of stormwater from construction activities disturbing one or
more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to
the Division of Land Resources or'delegated local program shall-be considered to take the place
of a Notice of Intent for coverage under this General Permit for those projects requiring this
Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the
Division of Land Resources or delegated local program. Prior to the commencement of
construction and land disturbing activities approval of the Erosion and Sedimentation Control
Plan shall be obtained.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 dasprior to the time the permit is needed .
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been rescinded. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be rescinded and coverage under this General Permit be
provided.
Page 2 of 20 Pages

Permit No. NCGO10000
PART I
MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A: FINAL LIMITATIONS . AND CONTROLS FOR STORMWATER
DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with construction activity. Such
discharges shall be controlled,limited and monitored as specified below.
1. Prior to the commencement of construction, the permittee shall submit for approval a
Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and
Natural Resources, Division of Land Resources, Land Quality Section, (or an approved
local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity
with rules adopted by the North Carolina Sedimentation Control Commission.
2. The Permittee shall implement the plan, which has been approved by the approval
authority. The approved plan is considered a requirement or condition of this general
permit. Deviation from the approved plan, or approved amendment to the plan, shall
constitute a violation of the terms and conditions of this general permit except that
deviation from the approved plan will be allowed (1) to correct an emergency situation
where sediments are being discharged off the site or (2) when minor modifications have
been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modification has been made
to the Division of Land Resources (or approved local program). Such a deviation from
the approved plan shall be noted on the approved plan maintained at the job site. During
active construction, a copy of the approved plan shall be maintained on the site.
3. Equipment utilized during the construction activity on a site must be operated and
maintained in such a manner as to prevent the potential or actual pollution of the surface
or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any
other petroleum products, shall not be discharged onto the ground'or into surface waters.
Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or
ground, of the state and in accordance with applicable state and federal disposal
regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed
of in a manner so as not to allow their entry into the waters, surface or ground, of the
state.
4. Herbicide, pesticide, and fertilizer usage during the construction activity shall be
consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
Page 3 of 20 Pages

Permit No.NC
5. All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
6. The Permittee shall control the management and disposal of litter and sanitary waste from
the site such that no adverse impacts to water quality occur.
Page 4 of 20 Pages

Permit No.NCGO10000
CTION B: MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Water Quality.
L' All erosion and sedimentation control facilities shall be inspected by or under the .
direction of the permittee at least once every seven calendar days (at least twice every
seven days for those facilities discharging to waters of the State listed on the latest EPA
approved 303(d)list for construction related indicators of impairment such as turbidity or
sedimentation**) and within 24 hours after any storm event of greater that 0.5 inches of
rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the
rainfall amounts and dates shall be kept by the permittee.
(**The latest approved list maybe obtained from the Division of Water Quality, or from
the following website location: http://h2o.enr.state.nc.us/su/construction303d)
2. Once land disturbance has begun on the site, stormwater runoff discharges shall be
inspected by observation for stormwater discharge characteristics as defined below at the
frequency in#1 above to evaluate the effectiveness of the pollution control facilities or
practices. If any visible sedimentation.is leaving the disturbed limits of the site,
corrective action shall be taken immediately to control the discharge of sediments outside
the disturbed limits.
Stormwater Discharge Monitoring Monitoring
Characteristics T e1 Location2
Clarity SDO
Floating Solids SDO
Suspended Solids SDO
Oil Sheen SDO
Other obvious indicators SDO
of stormwater pollution
Footnotes:
1 Monitoring Type: The monitoring requires a qualitative observation of each
stormwater outfall. No analytical testing or sampling is required.
2 Sample Location: Stormwater Discharge Outfall (SDO)
3. The operator shall keep a record of inspections. Visible sedimentation found outside of
the disturbed limits shall be recorded and a brief explanation kept with the records as to
the measures taken to control future releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be
made available to DWQ or authorized agent upon request.
Page 5 of 20 Pages

Permit No.NC
SECTION C: SCHEDULE OF COMPLIANCE
1. The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges once disturbance has begun on the site and until completion of construction or
development and the establishment of a permanent ground cover..
2. During construction and until the completion of a construction or development and the
establishment of a permanent ground cover, the pemuttee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency.
Page 6 of 20 Pages

Permit No.NCGO10000
PART II
STANDARD CONDITIONS
SECTION A: DEFINITIONS
1. Act or"the Act" or CWA
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
2. Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of waters of the United States.
BMPs also include treatment requirements, operation procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
3. DWO or Division
The Division of Water Quality, Department of Environment, and Natural Resources.
4. Director
The Director of the Division of Water Quality, the permit issuing authority.
5. EMC
The North Carolina Environmental Management Commission.
6. Permittee
The person who signed as the financially responsible party on the Erosion and
Sedimentation Control Plan.
7. Point Source Discharge
Any discernible, confined and discrete conveyance, including but specifically not limited
to, any pipe, ditch, channel, tunnel, conduit,well, discrete fissure, container,rolling stock,
or concentrated animal feeding operation from which pollutants are or may be discharged
to waters of the state.
8. Administrator
Page 7 of 20 Pages

it No. NC
The Adminstrator of the U. S.Environmental Protection Agency. Perm
SECTION B: GENERAL CONDITIONS
1. Duty to Comply.
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for:
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
(a) The permittee shall.comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the CWA within the time
provided in the regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
(b) The Clean Water.Act provides that any person who violates section 301, 302, 306,
307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
such sections in a permit issued under section 402, or any requirement imposed in a
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean
Water Act provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject
to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not
more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per-day of violation, or by imprisonment of not more than 2 years, or both. Any
person who knowingly violates such sections, or such conditions or limitations is subject
to criminal penalties of$5,000 to $50,000 per day of violation,'or imprisonment for not
more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any
person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any of such sections in a permit
issued under section 402 of the Act, and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision,be subject to a fine of not more than $1,000,000 and can be fined up to
$2;000,000 for second or subsequent convictions.
Page 8 of 20 Pages

Permit No.NCGO10000
(c) Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: NC General
Statutes 143-215.6A].
(d) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a permit issued under section 402 of
this Act. Administrative penalties for Class I violations are not to exceed $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500. Penalties for Class II violations are not to exceed$11,000 per day for each day,
during which the violation continues, with.the maximum amount of any Class II penalty
not to exceed$137,500.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any. discharge in
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in Section C. of this permit regarding bypassing of stormwater control
facilities, nothing in this general permit shall be construed to relieve the permittee from .
any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-
215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which
the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
5. Property Rights
The issuance of this general permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations.
Page 9 of 20 Pages

Permit No. NC
6. Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The permittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
8. When an Individual Permit may be Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or an alternative general permit. Any interested person may petition the Director
to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an
individual permit may be required include,but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, .altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
General Permit;.
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
C. Effluent limitations are promulgated for the point sources covered by this general
permit;
f. A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general.permit.
g. The Director determines at his own discretion that an individual permit is
required.
9. When an Individual Permit ma, be Requested
Page 10 of 20 Pages

Permit No. NCGO10000
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
10. Signatory Requirements
a. All applications, reports, or information submitted to the Director shall be signed and
certified as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary,treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation,'or (b) the manager of one or more manufacturing production or
operating facilities provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or 'implicit duty of making major capital investment recommendations,
and initiating and directing other-comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) For a partnership or sole.proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position
of plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Director.
Page 11 of 20 Pages

Permit No. NCG
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
11. General Permit Modification,Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general permit as allowed by the laws, rules, and regulations contained in Title 40,
Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et. seq.
Page 12 of 20 Pages

Permit No. NCGO10000
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
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 general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this general permit.
3. Bypassing of Stormwater Control Facilities
a. Definitions
(1) 'Bypass" means the intentional diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c.,and d. of this section.
C. Notice .
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and effect of the bypass.
(2), Unanticipated bypass. The permittee shall submit notice within 24 hours of an
unanticipated bypass as required in Part H, E. 3.(b)(1) of this general permit. (24-
hour notice).
d. Prohibition of Bypass
Page 13 of 20 Pages

Permit No.NCG
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass,unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities,retention of stormwater or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Paragraph c. of this section.
The Director may approve an anticipated bypass, after considering its. adverse effects, if
the Director determines that it will meet the three conditions listed above in Paragraph d.
of this section.
4. Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
b. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
C. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
2) The permitted facility was at the time being properly operated; and
Page 14 of 20 Pages

Permit No.NCGO10000
(3) The permittee submitted notice of the upset as required in Part H, E. 3. (b) (2) of .
this general permit.
(4) The permittee complied with any remedial measures required under Part II, A. 2.
of this general permit.
d. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
Page 15 of 20 Pages

Permit No. NCG
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Samples shall be taken on a day and
time that is characteristic of. the discharge. All samples shall be taken before the
discharge joins or is diluted by any other waste stream,body of water, or substance. .
2. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
general permit shall, upon conviction,be punished by a fine of not more than$10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
3. Records Retention
The permittee shall retain records of all monitoring information and copies of all reports
required by this general permit, for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of
the Director at any time.
4. Recording Results
For each measurement, sample, inspection or maintenance activity performed or taken
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Page 16 of 20 Pages

Permit No. NCGO10000
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
Inspection
contractor acting as a representative of the Director), or in the.case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the.separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this general
permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
Page 17 of 20 Pages

Permit No. NCG
SECTION E: REPORTING REQUIREMENTS
1. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations in the general permit, nor to notification
requirements under 40 CFR Part 122.42(a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with the general permit
requirements.
3. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the general
permit.
(2) Any upset which exceeds any effluent limitation in the general permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed
by the Director in the general permit to be reported within 24 hours.
Page 18 of 20 Pages

Permit No.NCGO10000
The Director may waive the written report on a case-by-case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
4. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in any
report to the Director, it shall promptly submit such facts or information.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality. As
required by the Act, discharge data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
6. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this general permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
Page 19 of 20 Pages

Permit No. NCG
SECTION F: LIMITATIONS REOPENER
This general permit shall be modified or alternatively, revoked and reissued, to comply.with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b)
(2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water
quality standard so issued or approved:
a. contains different conditions or is otherwise more stringent than any.effluent
limitation in the general permit; or
b. controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
Page 20 of 20 Pages

emo
FILE COPY
To: Rainbow Springs Partnership
From: Chuck Cranford
cc: Incident file
Date: 5/23/2008
Re: Lower Moore Creek Lake water release date correction
The attached copy of NOV-2008-SS-0019 corrects the Lower Moore Creek Lake water release date noted in the
previous version.
1

Michael F.Easley,Governor
William G. Ross Jr.,Secretary
Q North Carolina Department of Environment and Natural Resources
rColeen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
May 20, 2008
CERTIFIED MAIL '
RETURN RECEIPT REQUESTED
Edgar B. Shope
756 Wayah Road
Franklin, NC 28734
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Rainbow Springs Partnership
Tim Moore
781 Rainbow Springs Road
Franklin, NC 28734
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-SS-0019
Stream Standards Violation-Other Waste (In-stream sediment)
Failure to Secure Stormwater General Permit NCGO10000
Macon County
Dear Messrs. Shope and Moore:
On May 8, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection along Moore Creek and the Nantahala River in Macon
County. According to the incident file,Mr. Moore was in attendance during part of the site visit.
Stream standards and Construction Stormwater Permit NCGO10000 violations were noted during
the site visit and file review. Sediment impacts to Moore Creek,classified as C,Tr, ORW waters
and the Nantahala River, classified as B, Tr, ORW waters, were documented.
This office understands that release of water and sediment from the Upper and Lower Moore
Creek Lakes occurred during separate events. According to information provided to-DWQ, the
Lower Lake, owned by the Rainbow Springs Partnership, was drained in February 2008 and the
Upper Lake, owned in part by Mr. Shope was drained on or about April 28, 2008.
The documented violations apply to both parties and are detailed below:
NorthCarolina
Naturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\W PDATA\DEMW Q\Macon\Complaints\RainbowSprin\gs\NOV-2008-SS-019_DateCorrecti on.doc

Messrs.Shope and Moore Page 2 of 3
May 20,2008
VIOLATIONS
I. Stream Standards Violation - Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (3)f-Greater than 4,500 feet of Moore Creek, classified as C, Tr, ORW waters, was
impacted by sediment deposition estimated to be between 3 and 17 inches throughout the
stream reach. An indeterminate length of the Nantahala River, classified as B, Tr, ORW
waters, was also impacted by sediment deposition ranging upwards of 14 inches. These
impacts represent Water Quality Stream Standards violations of 15A NCAC 02B .0211 (3)
H Failure to Secure Stormwater General Permit NCGO10000 - Site visits and information
provided by Macon County Erosion Control confirmed that no application had been
submitted nor approval received for a Sedimentation and Erosion Control (S&EC)Plan
relating to the subject land-disturbing activity. The submission of a proposed S&EC Plan to
the Division of Land Resources or delegated local program shall be considered to take the
place of a Notice of latent for coverage under the NCGO10000 General Permit needed for
those projects disturbing greater than 1 acre of land and requiring a S&EC Plan. Coverage
under this General Permit shall become effective upon issuance of an approval for the
S&EC Plan by the Land Quality Section of the Division of Land Resources or delegated
local program.
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 to the attention of Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swanannoa,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. Stream Standards - Other Waste (In-Stream Sediment)
a. Please explain how and when the sediment discharge 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 Moore Creek and the Nantahala River. 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 work to assist you with development and
implementation of the Restoration Plan in order 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:
• An impact assessment of both Moore Creek and Nantahala River.

d Moore Page 3 of 3
• 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 Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
H. Construction Stormwater Permit NCGO10000
a. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
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 or myself at(828)
296-4500.
Sincerely,
Roger C.Edwards
Regional Supervisor
Surface Water Protection Section
Enclosure: NCG01000
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Division of Land Resources
i .
DWQ Central Files
Macon County Planning

Re:
Subject: Re:
From: Roger Edwards <[e-mail]>
Date: Thu, 22 May 2008 14:21:43 -0400
To: "[e-mail]" <[e-mail]>
CC: [e-mail]
Mr. Moore,
We will expect your response to the Notice of Violation and recommendation for enforcement no
later than June 24, 2008. Should you or your selected consultant have questions feel free to contact
us.
timmarcia aJuno.com wrote:
Dear Mr. Edwards,
As we discussed on the phone I would like to ask for a fifteen day extension for the,Notice.;of
Violation that I received today, May the 22Th . We are scheduled to have a members meeting on
the 31Th of May to decide who will be hired as an adviser and help get all the topics in
compliance with state law. Matt Mason with Macon Co. came today and did a site inspection and
is issuing a letter of compliance , all the silt fences are in place and all exposed soil from the•silt.
fence to the edge of Moore Creek have been sowed and strawed on Rainbow Springs,property.
Also as we discussed the date of our lake draining is wrong in the Notice ,it should be February
2008 instead of February 2006.
Thank You, Tim Moore
Click here to find the rental car that fits your needs.
n.
Roger Edwards - is >c:r ;a.. :.... c'= = ._•_.'"'
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roger Edwards <Roger.Ed,�[e-mail]>
NC DENR-Asheville Regional Office
1 of 2 5/22/2008 3:10 PM

Rainbow Springs Lake Project
Subject: Rainbow Springs Lake Project
From: "[e-mail]" <[e-mail]>
Date: Sat, 17 May 2008 02:46:04 GMT
To: [e-mail]
Dear Mr. Cranford ,
First of all Thank You for coming to Rainbow Springs with a forgiving and helpful attitude. As we
have discussed our lake draining went well with very little water coloration down stream and no
complaints and as you have found out they would have complained if they saw anything .
It is my understanding that since the Shope Lake drain is now closed that we do not need to install the
rock dam filters like we first talked about. With the silt fence back up and all the exposed soil from the
fence to the creek edge sowed, strawed and grass coming up for the second time ,are we back in
compliance?We are trying to do the right thing and the membership sure does not need the extra cost
of fines . I know we still have to hire a stream restoration adviser to evaluate Moore Creek from the
dam down to the river, but like I said from the beginning in the 15 years that I have cared for these
streams, the lower end of Moore creek has never supported trout, even after stocking twice and starting
a feeding program we had no success. I think the water was to hot drawing off the top of our lake. If we
install a silt catch pond on the lower end of Moore creek just before it merged into the river to catch
and.hold the silt on this property, would we still have to remove the silt out of the stream ? I am just
comparing what this part of Moore creek was before the release of the lakes and after, there is just not
that much real difference , it has always had sand and silt in it. Of course I am looking at the cost of the
stream clean-up vs building a silt pond . Just let me know what we need to do , we are trying to keep
the cost of the project .down to a minimal .
This lake project had two objectives , one to repair the current spillway or to replace it with a cold
water discharge system. We have been told that cold water discharge could decrease the water temp. by
a few degrees which should help the trout survive during hot weather. The other objective is to remove
the silt from the upper end of the lake bed.
The Rainbow Springs Membership and myself are trying to do the right thing by cleaning the silt from
the lake bed and possibly changing our spillway to the cold water discharge which should increase the
waters quality thus helping us and our neighbors down stream grow healthier, larger trout for all of
us to enjoy.
Please if you have any ideas, concerns, or any info. that could help us complete this project smoothly it
would be greatly appreciated.
And again Thank You , Tim Moore Chief of Police , Rainbow Springs Spec. Police Dept.
Click to find local LDS singles for dating and romance.
1 of 1 5/19/2008 8:30 AM

Memo To File
To: Rainbow Springs File
Author. Chuck Cranford
Date: 5/15/2008
Re: Names and Contact Info
Upper Moore Creek Lake:
Bud Shope(Property Owner) 828-421-5699(Home)
828-369-2382(Work)
Lower Moore Creek Lake:
Timothy Moore (Rainbow Springs Partnership) 828-524-8529(clubhouse-voicemail)
828-524-4838(home)
Water Gauge Community:
Darrell Lee(local fisherman/resident) 828-524-4186(home in Franklin)
828-389-4517(house on Nantahala)
828-371-0816(cell—no service in Rainbow Springs)
;T , �Il�i�,
1
I

14n $
Rainbow Springs Spec.
Police Dept
T
a. imothy Moore
?IC 781 Rainbow Springs Rd.
Frankiin NC 28734
2,111v_v6l,J Offn & FAX 82gg-524-8529
Home �24-4838 Car 342-88 4
Patrol Cell 828-508-4788 or WWII,
E-Mail timmai cia 0vahoo_com

1 !�
Communication Log
To: Rainbow Springs File
Author. Chuck Cranford
Date: 5/13/2008
Re: Phone message
0830 AM: Mr. Bud Shope called indicating the gate valve had been reinstalled in the Upper Moore
Creek lake.
1

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N IXUninc Macon County, N Carolina bt)Oln �1 0
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events may cause road conditions to differ from the map results.
Map data©2008 NAVTEQTM
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Rainbow Springs
Uninc Macon County,N Carolina
1 of 2 5/7/2008 12:10 PM

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Map data 02008 NAVTEQTm
2 of 2 5n12008 12:10 PM

Practice Standards and Specifications
6.55 _ OCK PIPE INLET PROTECTION
Definition A horseshoe shaped rock dam structure at a pipe inlet with a sediment storage
area around the outside perimeter of the structure.
Purpose To prevent sediment from entering, accumulating in and being transferred
by a culvert or storm drainage system prior to stabilization of the disturbed
drainage area. This practice allows early use of the storm drainage system.
Conditions Where Rock pipe inlet protection may be used at pipes with a maximum diameter
Practice Applies of 36 inches. This inlet protection may be used to supplement additional
sediment traps or basins at the pipe outlet, or used in combination with an
excavated sediment storage area to serve as a temporary sediment trap. Pipe
inlet protection should be provided to protect the storm drainage system and
downstream areas from sedimentation until permanent stabilization of the
disturbed drainage area.
Do not install this measure in an intermittent or perennial stream.
Planning When construction on a project reaches a stage where culverts and other stonn
drainage structures are installed and many areas are brought to the desired
Considerations grade, there is a need to protect the points where runoff can leave the site
through culverts or storm drains. Similar to drop and curb inlets, culverts
receiving runoff from disturbed areas can convey large amounts of sediment
to lakes or streams. Even if the pipe discharges into a sediment trap or basin,
the pipe or
_pipe system itself may clog with sediment.
Design Criteria When used in combination with an excavated sediment storage area to serve
as a temporary sediment trap, the design criteria for temporary sediment traps
must be satisfied. The maximum drainage area should be 5 acres, and 3600
cubic feet of sediment storage per acre of disturbed drainage area should be
provided.
The minimum stone height should be 2 feet, with side slopes no steeper than
2,1. The stone "horseshoe" around the pipe inlet should be constructed of
Class B or Class I riprap, with a minimum crest width of 3 feet. The outside
face of the riprap should be coved with a 12-inch thick layer of#5 or #57
washed stone.
In preparing plans for rock pipe inlet protection, it is important to protect the
embankment over the pipe from overtopping. The top of the stone should be a
minimum of l foot below the top of the fill over the pipe. The stone should tie
into the fill on both sides of the pipe. The inside toe of the stone should be no
closer than 2 feet from the culvert,opening to allow passage of high flows.
The sediment storage area should be excavated upstream of the rock pipe inlet
protection, with a minimum depth of 18 inches below grade.
Rev.6/06 6.55.1

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6.55.2
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O�VATE1,� Incident Report
� I
Report Number: 200801380 (y q ^ a' &O- ��1f
�
Incident Type: Complaint On-Site Contact: `[
Category: Surface Water First/Mid/Last Name:
Incident Started: 04/28/2008
Company Name:
County: Macon Phone:
City: Pager/Mobile Phone: /
Farm#:
Responsible Party:
Reported By:
Owner: First/Mid/Last Name:
Permit: Company Name:
Facility: Address:
First Name:
Middle Name: City/State/Zip:
Last Name: Phone:
Address Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty.lbs. Reportable Qty.kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Rainbow Springs
Address:
City/State/Zip
Report Created 05/07/08 12:31 PM Page 1

Cause/Observation: Directions:
Sediment release from dammed pond
Action Taken: Comments:
Incident Questions:
Did the Material reach the Surface Water? Yes Conveyance:
Surface Water Name? Nantahala River
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Referred to Regional Office-Primary Contact
Report Entered 2008-05-07 11:41:42
Incident Start 2008-04-28 08:00:00
Report Received 2008-04-28 08:00:00
Report Created 05/07/08 12:31 PM Page 2

p
andard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Kevin H Barnett Chuck Cranford Chuck Cranford
Phone:
Date/Time: 2008-04-28 08:00:00 AM 2008-05-07 11:41:42 AM
Referred Via: Phone
Did DWQ request an additional written report?
If yes,What additional information is needed?
Report Created 05/07/08 12:31 PM Page 3

ParcelBase Page 1 of 1
PARCEL 0821125 ADDRESS 735 TIGERTAIL DR OWNER BUTLER VIRGINIA S
Property Address 735 TIGERTAIL DR Current Owner BUTLER VIRGINIA S
Property Description U S HWY 64 Owner Address PO BOX 338, SPRINGFIELD SC 29146
Township CARTOOGECHAYE Deed Book/Page K-19/2207-2209
Zone RESIDENTIAL Date Recorded Friday, March 27, 1992
Neighborhood AVERAGE Sales Price $0.00
Subdivision MOORE CREEK
Land Tax Value $996,920.00
Number of Buildings 4
Acreage 131.00 Building Tax Value $46,010.00
Land Square Footage Land Deferment Amount $922,660.00
Topography ROAD LEVEL Exemption Amount $0.00
Utilities ELECTRICWATERSEPTIC Map Sheet 6532.00
Date Last Appraised Monday, June 05, 2006 Approximate Elevation
Relevant Links : INSPECTIONS , Propery-transfer-form.pdf , Re-evaluation notice , Watershed and Floodplain Maps
http://216.119.24.38/pubaccess/ParcelBase.aspx?PID=0821125 5/9/2008

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Print Results
Parcel ID 0821125LEJ
Address 735 TIGERTAIL DR
Owner Name BUTLER VIRGINIA S
Map/Block/Pin 6532.00-73-2651
Property Description U S HWY 64
Township CARTOOGECHAYE
Zone Description RESIDENTIAL
Neighborhood Description AVERAGE
Subdivision Description MO ORE CREEK
Map Sheet 6532.00
Number of Buildings 4
Acreage 131
Land Description ROAD LEVEL
Utility Description ELECTRICWATERSEPTIC
Date Apprasied 6/5/2006
Billing Adrress PO BOX 338
Billing Address 2
Billing City SPRINGFIELD
Billing State SC
Billing ZIP 29146
Sale Price $0.00
Valid Sale Flag
Current Deed/Book/Page K-19i2207-2209
Assessed Value $1,042,930.00
Building Tax Value $46,010.00
Deferment Amount $922,660.00
Exemption Amount $0.00
Back to List
http://216.119.24.3 8/website/parcelsbasic/fulldbtable.asp?IDV alue=0821125&DisplayV alu... 5/9/2008

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Page 1 of 1
esults
Parcel ID 0800606!MIJ
Address 1170 RAINBOW SPRINGS RD
Owner Name RAINBOW SPRINGS PARTNERSHIP
Map/Block/Pin 6522.00-64-0165
Property Description OFF US 64 NAT FOREST RD
Township CARTOOGECHAYE
Zone Description RESIDENTIAL
Neighborhood Description WATERFRONT GOOD
Subdivision Description
Map Sheet 6522.00
Number of Buildings 14
Acreage 1998.63
Land Description ROAD LEVEL
Utility Description ELECTRICWATERSEPTIC
Date Apprasied 6/8/2006
Billing Adrress CiO CD OWEN JR
Billing Address 2 7 GREENWOOD RD
Billing City ASHEVILLE
Billing State NC
Billing ZIP 28803
Sale Price $0.00
Valid Sale Flag N
Current Deed/Book/Page -6/115
Assessed Value $14,953,860.00
Building Tax Value $469,590.00
Deferment Amount $0.00
Exemption Amount $0.00
Back to List
http://216.119.24.3 8/website/parcelsbasic/fulldbtable.asp?IDV alue=0800606&DisplayValu... 5/9/2008

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UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
North Carolina Department of
Environment and Natural Resources
'.Division of Water Quality,
NCDEN4 Stirface•Water Protection Section
R-- -2090 U.S. Highway 70;5wannanoa,NC 28778
CHUCK CRANFORD`
NCDENR-DWQ-SWP
2090 U.S. HIGHWAY 70
SWANNANOA•NC 28778

COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signatu
item 4 if Restricted Delivery is desired. X a ; Agent
■ Print your name and address on the reverse ❑AAddressee
so that we can return the card to you. B, Rec ived by(Prl ted Name) _ - C. Date of Deliver)
■ Attach this-card-to the-back.nf the.mailnieaca-__ f
I , Norrt�i'C�rolinaLtar�tment of fefent fm item 1?�❑Yes
`tnviron^ent�nd Natural R urces ladd ess below: Gl No
/,T��� D' rsion of�Wat r&ality
SUrfi�fc Water Prot@CtlOn-SeCt10�
,g
NCDENR: 2090 U.S.Highvvay3Q,Swannanoa, NC�2 778
,�. : r • „
EDGAR B SHOPE
cq Se ce Tj peg
796 WAYAH ROAD ��1,3\// n�
�� > � ti trfi Cered Mail ❑Express M
FRANKLIN,NC 28734` < = cb� p egistereci k etumRece tforMe ise
7--Li.-�a- _I In IrIiirIrrI 1irhi�i11\I` \\ /�EInpuredMall, O.D.
RksVicted Delivery?(Extra Fee) ❑Yes
70 2 101460 0001E 19A, .9= 7-93 4
:)c r ZR11 OnnA

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• ©�� North Carolina Department of i
r'. Environment and Natural Resources •
Division of Water Quality
NCDENR Surface Water Protection Section
2090 U,S.Highway 70,.Swannanoa, NC 28778
CHUCK CRANFORD
NCDENR-DWQ-SWP
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
-
f
-- - --L11di„IIIi„HII)I dIIIJII dlIIIIIIiIIIdIIIIiIII„III --

OF;vv r t9 -- >> - C
0 QG William G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
co
„ —i Coleen H.Sullins,Director
p '< Division of Water Quality
October 3, 2008
DWQ Project# 08-1493
=- Macon County -
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Charlie Owen '=
OCTRainbow Springs Partnership l
l� � ® 6 20�g
7 Greenwood Road
Asheville,NC 28803 -
R WATER QUALITY SECTION,
ASHEVILLE REGIONAL OFFICE
Subject Property: Rainbow Springs -- ---
Moore Creek [040303,2-57-17, C, TR, ORW]
REQUEST FOR MORE INFORMATION
Dear Mr. Owen:
On September 29,2008,the Division of Water Quality(DWQ)received your application dated
September 26, 2008,to fill or otherwise impact 15 linear feet of perennial stream to remove sediment
from a drained lake at the site. 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.
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 five copies of 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. Item"D" on the first page of General Certification No. 3687 which corresponds to Nationwide
Permit 19 states:
Activities meeting any one(1)of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality(the
"Division"):
a. impacts equal or greater than 40.linear feet of additional permanent stream impact at
an existing stream crossing location,or
b. Temporary or permanent impacts equal to or exceeding: one-third(1/3)acre of
wetlands East of Interstate-95, or one-tenth(1/10)of acre of wetlands West of
Interstate-95; or
c. Any impact associated with a Notice of Violation or an enforcement action initiated
by the Division and/or the Division of Land Resources;or
d. Projects with any impacts to streams,wetlands,and/or waters that have received a
Notice of Violation from the Division and/or Division of Land Resources; or
e. _ Any impacts to streams and/or buffers in the Neuse,Tar-Pamlico, Randleman and
Catawba River Basins(or any other basins with Riparian Area Protection Rules
[Buffer Rules]in effect at the time of application)unless the activities are listed as
"EXEMPT"from these Rules.
No ehCarolina
401 Oversight/Express Review Permitting Unit Naturally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:littp•//h2o enr state nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/l0%Post Consumer Paper

Mr. Charlie Owen
Page 2 of 2
October 3,2008
Since you checked"Yes" in Section XIII of your Pre-Construction.Notification application,
please submit five copies of your PCN with a check for$240.00.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter,your project will be withdrawn
and you will need to reapply with a new application and a new fee.
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 Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss t 's matter.
Sincer ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKIUm
cc: e in B,arlrett_DU✓Q Asheville Reg�ial-0ffice— ,
USACE Asheville Regulatory Field Office
File Copy
Central Files
Tim Moore, 781 Rainbow Springs Road, Franklin,NC 28734
Filename: 081493Rai n bowSp rings(Maco n)On_Hold

�F W A' Michael F.Easley,Governor
. Q
�Q G �j William G.Ross Jr.,Secretary
rCOP 1 North Carolina Department of Environment and Natural Resources
p Coleen H.Sullins,Director
Division of Water Quality
September 25, 2008
Edgar B. Shope
756 Wayah Road
Franklin,NC 28734
Charles D. Owen, Jr. .
Rainbow Springs Partnership
7 Greenwood Road
Asheville,NC 28803
Subject: Follow-up to Notice of Violation and Recommendation for Enforcement
NOV-2008-SS-0019
Macon County
Dear Messrs. Shope and Owen:
The Division of Water Quality(DWQ)has received the Sediment Removal From Streams Below
Shope Lake and Rainbow Springs Lake: Final Report from Fish and Wildlife Associates, Inc.,
related to the Notice of Violation and Recommendation for Enforcement NOV-2008-SS-0019.'
DWQ has reviewed the information provided and conducted a follow-up site visit on September 4,
2008. The written response and the sediment removal results observed at the site have satisfactorily
resolved the violations noted iri the subject Notice of Violation and Recommendation for
Enforcement.
Thank you for your cooperation and efforts taken to resolve this incident. Should you have any
questions regarding this matter,please contact Chuck Cranford at(828) 296-4664.
Sincerely,
Roger C.Edwards
Surface Water Protection Section
Regional Supervisor
cc: Pam Boaze—Fish and Wildlife Associates, Inc.
Tim Moore—Rainbow Springs
DWQ Central Files
Macon County Planning
USACE Asheville Office
WorthCarolina
�6ltllCR��lf
North Carolina Division of Water Quality 2090 U.S,Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
G:IWPDATAIDEMWQIMacon\complaintslRainbowSpdngslNOV Response Closure-9-24-08.doc

Fish and Wildlife Associates, Inc.
25 Water Tower Lane ♦ P.O. Box 241 ♦ Whittier, NC 28789
Phone: [phone] ♦ [phone] ♦ Fax: [phone]
Email:[e-mail] ♦ Web:wwwfishandwildlifeassociates.com
September 16, 2008
NC Division of Water Quality D C E V
Attn: Chuck Cranford
2090 US'Hwy. 70 SEP 1 6 2008
Swannanoa,NC 28778
NC DW Wetlands and Stormwater Branch WATER QUALITY SECTION
Q� ASHEVILLE REGIONAL OFFICE
NPS Assistance and Compliance Oversight Unit
Attn: John Hennessy ;,x
1617 Mail Service Center -
Raleigh,NC 27699-1617
Re: Sediment Removal
NOV-2008-SS-0019
Macon County
Dear Mr. Cranford and Mr. Hennessey:
The Final Report following removal of the sediment from the Unnamed Tributary below
Shope Lake and Moore Creek below Rainbow Springs Lake is attached. The report
includes before and after pictures at each site that was designated for sediment removal.
Both Rainbow Springs Partnership and Edgar Shope were most cooperative in providing
crews for sediment removal with just a two day notice. It was unfortunate that we could
not complete the sediment removal before remnants of Hurricane Fay hit Macon County.
The heavy rains had little effect on the Unnamed Tributary,but scoured both the lower
section of Moore Creek and the Nantahala River.
Sincerely,
(p '- 5� X!�a
Pamela M. Boaze
President
Cc: Lori Beckwith, COE
Edgar B. Shope
Charles D. Owen,Jr.,Rainbow Springs
Tim Moore,Rainbow Springs

s
SEP 1 6 2008
VVATE_R QUALITY SECT ION
RE_GICP.AL O`F. E
SEDIMENT REMOVAL FROM STREAMS BELOW
SHOPE LAKE AND RAINBOW SPRINGS,-LA (E ..-
MACON COUNTY
FINAL REPORT
Prepared by
Fish and Wildlife Associates, Inc.
Whittier,NC
September 2008
, I

SEDIMENT REMOVAL FROM STREAMS BELOW
SHOPE LAKE AND RAINBOW SPRINGS LAKE
Introduction
Sediment was lost from the Shope Lake into an unnamed tributary of Moore Creek and
from Rainbow Springs Lake into Moore Creek when the lakes were drained for dredging.
A Notice of Violation was issued by the Division of Water Quality,NOV-2008-SS-0019.
The two land owners were directed to develop and execute a plan for sediment removal,
map the sediment deposition,photodocument the impacted areas before and after
restoration,`and submit a final report. Fish and Wildlife Associates,Inc.was retained by
both Edgar Shope and Rainbow Springs Partnership to perform these tasks.
Methodology
The streams were walked,measured, and stations designated for sediment removal.
Various options for sediment removal were considered,but the density of the vegetation
and the distance to the road made most options impracticable. The sediment was
removed manually by shoveling it into 5 gallon buckets,carrying the,sediment to the
road,and trucking it to the waste disposal site.
Unnamed Tributary and Moore Creek below Shope Lake
On July 24,2008,Fish and Wildlife Associates.personnel walked the stream between
Shope Lake and Rainbow Springs Lake to map the streams and wetlands on the property
and to determine the location and amount of sediment deposition..associated with the
draining of Shope Lake. The amount of deposition was estimated by measuring from the
upstream to the downstream length at each site. An average width and depth of the
deposit was estimated,and the cubic yardage calculated.
Prior to removal of the sediment, silt fencing was installed across the stream at 50-75 foot
intervals. This was done to trap sediment resuspended during the removal activities and
to control turbidity downstream. From August 20-22,sediment removal was conducted
in the unnamed tributary. Eighteen of the 20 sites were cleared.
. I
From August 25-27,Hurricane Fay dumped 8+inches of rain in the project area.
Streams were flowing out of their banks. On August 28,the streams were assessed to
determine if scouring had removed any or all of the sediment from the remaining two
sites. Below Shope Lake,the sediment had not been affected by the flooding. The last
two sites with sediment deposition were cleared on September 2,2008.
I
1

Moore Creek and the Nantahala River below Rainbow Sprin s Lake
On July 24, 2008,Fish and Wildlife Associates.personnel walked Moore Creek from its
outfall below Rainbow Springs Lake to its confluence with the Nantahala River. The
section of river between the confluence and the Rainbow Springs clubhouse was also
examined. Areas of sediment deposition were measured and an estimate of the cubic
yards present was made. Removal of the excess sediment was to follow the same
procedure used on the Shope property.
Before removal was accomplished,precipitation from Hurricane Fay scoured both Moore
Creek and the Nantahala River. About 2/3 of the sediment deposits in Moore Creek were
gone. The rocks and pools in the Nantahala River at Rainbow Springs property had also
been scoured. On September 2,2008,the sediment removal was accomplished in Moore
Creek below the Rainbow Springs Lake. Photodocumentation of the sites was
completed.
Results
Unnamed Tributary and Moore Creek below Shope Lake
i
The unnamed tributary from Shope Lake is 807 linear feet in length from the dam outfall
to its.confluence with Moore Creek. Moore Creek flows from this point to the
backwaters of Rainbow Springs Lake,a distance of 822 linear feet. During the July
investigation,it was noted that the sediment lost from Shope Lake was a dark brown to
-- grayish silty muck. Deposits of this material were found from the outfall downstream for
approximately 650 linear feet. After that point,there was some sediment accumulation
near the confluence with a side stream or a wetland. None of this was deemed to be the
result of the lake draining.
Twenty-one sites were marked for sediment removal. An estimated 65 cubic yards of
sediment had accumulated. However, since not all sediment could be removed around
gravel and cobble substrates as well as being unable to remove all the sediment that was
underwater,the target for removal was 57 cubic yards.
As removal progressed,more rock and cobble was found.to present than had originally
been evident The stream banks were 4+feet above the channel. The silt could only be
removed by wading the stream and shoveling it into buckets balanced on the sediment at
the waters edge. This resulted in resuspension of a large amount of silt. The silt fences
worked as planned and retained most of this material. Tim Moore reported that there was
only a faint clouding of the water where Moore Creek passed his residence.
The estimate of the cubic yards removed was based on the area of the dump truck and the
number of trips made to the waste site. From the unnamed tributary,a total of 50 cubic
yards of silt was removed. As can be seen in the photos,there were some large boulders
and a lot of cobble in this small stream that had been hidden by the silt deposits.
2

1
By the end of the first day,the sites already cleared in the unnamed tributary were
' developing clean stream substrate of sand, gravel and cobble. The heavy rains from
Hurricane Fay helped to expose more of the cobble and wash silt off the larger rocks
along the stream banks. The pools were mostly free of silt and depth had increased from
6 inches to 3 feet. At several stations,portions of the silt deposits were left on purpose
when trees roots would have been exposed by removal. All of these areas were in the
riparian zone,but would not be impacted by normal flows or bankfull events.The
sediment removal caused overwidening of the stream in several areas. Silt and sand has
begun to settle out in the side eddies,but this was deemed acceptable. This trend
continued after the heavy rains and will continue over time to gradually narrow these
wider areas of the stream channel.
Moore Creek and the Nantahala River below Rainbow Sprin sg_Lake
Below Rainbow Springs Lake in Moore Creek,there were about 32 cubic yards of silt
and sandy material that had accumulated from draining the lake and from road run-off.
Most of this material was found between the dam and the culvert under the road near Tim
Moore's residence. Sand deposits below.the culvert were clearly coming off'the gravel
road. A tree across the stream had caused sand to accumulate behind it and a sharp bend
just downstream had developed a large sand bar.
The estimated sediment to be removed from Moore Creek was 28 yards. However,
Hurricane Fay arrived on the day scheduled to begin.removal. The stream experienced
an overbank event and 2/3+of the sediment was scoured.by the high water. The removal
process was conducted on September 2,2008. Seven cubic yards of sand and silt were
removed.
- Moore Creek has about twice the flow of the unnamed tributary. Because the sediment
deposition below Rainbow Springs Lake was mainly sand,the removal efforts resulted in
rapid exposure of the natural stream substrates. The main benefit to the removal efforts
was re-establishment of a thalweg and more efficient bedload transport. As with the
unnamed tributary,the stream is overly wide in places. It is anticipated that aggradation
in the shallow areas will result in gradual narrowing of the stream. There is heavy
riparian cover which will prevent most bank erosion.
Maps of the two streams showing the locations of the sediment removal sites in relation
to the dam are provided in Appendix A. Photographs of each station,both before and
after sediment removal,are attached in Appendices B and C. Photographs of Moore
Creek where it enters the Shope property were taken before and after Hurricane Fay
-' showing the sand bar that continues to occur in this stream. Photographs of the
',L j Nantahala River,taken on July 24 and September 2,2008 are included to document the
substrate conditions prior to any removal efforts and following Hurricane Fay. These can
be found in Appendix D.
i
3
i

i
Appendix A
Project Maps
i
i
4

N
Tigertail Drive
526' 426'
343'
29' 305' - ,
00, 279'
253' i
38' 210' 191,
163' 116' 94' 46'33'20' 3'
i Shope Lake
e
Legend ` I
L^Ji Shope Lake Photo Sites
Limited Access
d
® Highway
Major Road ?�;,
Local Road r
Minor Road
— - Other Road
Ramp
---- Ferry
--------------
Pedestrain Way
Lake
0 60 120 240 Feet
I t t t I t t t I
Photo sites on unnamed tributary below Shope Lake, Macon County, NC.

Appendix B
Photographs of Sediment Removal Sites
Unnamed Tributary below Shope Lake
8

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Appendix C
Photographs of Sediment Removal Sites
Moore Creek below Rainbow Springs Lake
i
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18

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Moore Creek below Rainbow Springs Lake

I
I
Appendix D
Photographs of Moore Creek above Shope Lake
And Nantahala River below Confluence with Moore Creek
, I
' i
26
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11 :

QF W AT Michael F.Easley,Governor
o' w� ILE COPY
� William G.Ross Jr.,Secretary
- North Carolina Department of Environment and Natural Resources
o �
Coleen H.Sullins,Director
Division of Water Quality
August 12, 2008
Edgar B. Shope
756 Wayah Road
---- -----Franklin,_NC_2873-4.--- --------=- -- ------------ ------- ----------=----...._
Charles D. Owen, Jr.
Rainbow Springs Partnership
7 Greenwood Road
Asheville,NC 28803
SUBJECT: Sediment Removal Plan Approval
NOV-2008-SS-0019
Macon County
Dear Messrs. Shope and Owen:
The Division of Water Quality has received the additional information requested on July 16, 2008
in order to complete a review of the proposed Sediment Removal Plan submitted by Fish and
Wildlife Associates, Inc.
This Sediment Removal Plan has been approved. Activities involved in this 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,
C/
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: Pam Boaze—Fish and Wildlife Associates, Inc.
Tim Moore—Rainbow Springs
DWQ Central Files
Macon County Planning
NorthCarolina
Vaturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swan nanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper

Fish and Wildlife Associates, Inc.
Main Office at: PO BOX 241 Tel [phone]
25 Water Tower Lane Whittier, NC 28789 Fax [phone]
Whittier, NC 28789 Email [e-mail]
August 1,2008 (�
D =
NC Division of Water Quality
Attn: Chuck Cranford AUG - 6 2008
2090 US Hwy.70
Swannanoa,NC 28778 WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
NC DWQ,Wetlands and Stormwater Branch °_-
NPS Assistance and Compliance Oversight Unit - - -
Attn: John Hennessy
1617 Mail Service Center
Raleigh,NC 27699-1617
Re: Sediment Removal Plan Review
NOV-2008-SS-0019
Macon County
Dear Mr. Cranford and Mr.Hennessey:
The attached maps,photographs and narrative are submitted to present the sediment
impact summary and the areas where the sediment removal is proposed.
Sincerely,
Pamela M.Boaze
President
Cc: Edgar B. Shope
Charles D. Owen,Jr.,Rainbow Springs
Tim Moore,Rainbow Springs

Nov-2008-ss-0019 �T� ! AUG - 6 2008
Request for additional information 7-23-2008 VV
' \r��ATER QUALITY SECTION
ASN VILLc R-GIONAL OFFICE
On July 24,2008,Pamela Boaze and Charles Lawson of Fish and-Wildlife Associates-
walked the two streams to document the sediment deposition in the Unnamed Tributary
below Shope Lake,Moore Creek and Nantahala River. Photodocumentation of the
sediment deposition was recorded by linear distance downstream from the respective dam
outlets. All streams, springs,and wet weather conveyances that entered into the unnamed
tributary or Moore Creek were documented. A map showing the streams and lakes is
provided. A map showing the photodocumentation sites is also included with stations
indicated by the upstream linear footage.
The sediment deposition in the Unnamed Tributary. below Shope Lake was a dark brown
to grayish colored hydric soil. It was a sandy clay. This material was considered the
sediment lost during the draining of the lake. Deposits of this material were found from
the outfall of the dam to linear foot 638'. From linear foot 695 to approximately 800,the
Unnamed Tributary passes through a wetland,possibly remnants of a beaver ponding.
The confluence of Moore Creek and the Unnamed Tributary is at 809 linear feet. Below
this point,there are some sand deposits,but these are not similar to the deposits below the
dam. Therefore,this is thought to be natural accumulation in the stream plus some loss
of sediment from the dirt access road. Photos below this point were taken either every
100' or whenever a stream/spring/wet weather conveyance entered Moore Creek.
The sediment deposition was photographed and measured from the outfall of Rainbow
Springs Lake to the Nantahala River. The deposits just below the outfall were grayish in
color in the first 100 feet. After that,the deposits were sandy in material and color. At
605',there is a culvert for the road over Moore Creek. Sediment deposition below that is
quite obviously from drainage off the dirt road. The sediment deposition from the
Rainbow Springs Lake dam outfall to the culvert is a combination of material lost when
the lake was drained and material that has come off the road.
Downstream from the culvert, sand bars and deposition were documented as well as
wetlands, springs,streams and seeps. A log across Moore Creek at 753' has caused some
back up and bank erosion. There is a beaver dam at 1262'. Moore Creek from
approximately 900' to the confluence with the Nantahala River at 2100' has wetland
vegetation and banks showing hydric soils along this entire length.
The Nantahala River did not receive any measurable sediment from the draining of the
two lakes. There was a skim of darker sediment on the rocks,but this was noticed both
upstream and downstream of the confluence with Moore Creek. There is deposition of
hydric soil at the mouth of Moore Creek. This material was similar to the soil found
along the banks throughout the wetland areas along Moore Creek, Some sand deposits
were noticed in the Nantahala River. Sand deposition was noticed everywhere,above the
two lakes in both streams crossing under US 64,in Moore Creek throughout its.entire

A-742 DALE Cr d
INC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 10, 2009
Greg Crawford
Highlands Country Club
Post Office Box 220
Highlands,North Carolina 28741
Subject: Notice of Violation Closure
Club Lake
401 Project Number: 08-0164
NOV-2009-SS-0013
Macon County
Dear Mr. Crawford:
The Division of Water Quality (DWQ)has received a report from Clearwater Environmental
Consultants, Inc. reporting the remedial actions completed in response to the Notice of Violation
and Recommendation for Enforcement(NOV)noted above.
DWQ has reviewed the information provided, including the photographs. The written response and
documented results have satisfactorily resolved the violations noted in the subject NOV.
Thank you for your cooperation in this matter. Should you have any questions or concerns,please
contact me at(828) 296-4664.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: ClearWater Environmental Consultants (e-copy)
Josh Ward—Town of Highlands (e-copy)
ATCF,i�l R,
DWQ Central Files
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org K d
An Equal Opportunity 1 Affirmative Action Employer

CLEARWATER ENVIRONMENTAL CONSIJ -T
\\J./ L=
E
June 30, 2009 i 1
J U L - 2 2009
Mr. Chuck Cranford
NC Division of Water Quality —" -- ---T--�-
Q y W n(( R C UFLITY SECTION
2090 US Highway 70
Swannanoa, North Carolina 28778
RE: Notice of Violation and Recommendation for Enforcement
Club Lake Dam
Macon County,North Carolina
DWQ Project#NOV-2009-SS-0013
Dear Mr. Cranford,
Please reference the "Notice of Violation and Recommendation for Enforcement" (NOV)
dated April 9, 2009 sent by the North Carolina Division of Water Quality (DWQ). The
NOV outlined violations of stream quality standards and 401 Water Quality Certification
conditions that occurred as a result of dam maintenance activities at the Highlands Club.
Required Item I.b. requested that a final report documenting the restoration be sent to Mr.
Chuck Cranford of the DWQ.
Integrated Construction and Environmental Services, Inc. (ICES) removed accumulated
sediment from behind two rock check dams immediately below the dam and one large
pool at a private residence using a vacuum truck. Sediment was removed behind the rock
check dam to a depth at which natural stream bed substrate was encountered. Riprap
remaining in the stream channel was removed by the Highlands Country Club. Sediment
was removed in the large pool to a depth of I to 1.5 feet (12-18 inches). The property
owner indicated that the streambed was sandy in the location of the pool prior to
sediment deposition. Best professional judgment; and upstream and downstream
comparison was utilized to determine the amount of sediment to be removed. Removed
sediment was deposited in an upland area at the private residence. Silt fence has been
installed along the down slope side of the disposal area to prevent sediment from
reentering jurisdictional surface waters at the site. Photographs of the sediment removal
areas and disposal area are included for review (Attachment A).
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com

Mr.Chuck Cranford
06.30.09
Page 2 of 2
The information submitted in this package and preceding package sent by C1earWater
Environmental Consultants, Inc. (CEC) on May 22, 2009 addresses all issues set forth in the
NOV letter. CEC believes the totality of this information allows DWQ to close the
violation. Highlands Club respectfully requests that the DWQ review the information
provided and issue a letter indicating the violation has been resolved.
Should you have any questions or comments concerning this project please do not hesitate
to contact me at 828-698-9800.
Sincerely,
--tzentvAon
Rebekah L.Newton 4RC I dlAP *.,
Project Biologist Principal

...Y _ .. _ ...- .� .. E... ,.. ... _ .. .. ,, .. _ _ _ _ .. - _

Attachment A
Photographs

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- ���i w»,,rn may." � ,��` ,•/ � *^ -.
Jy �0 Y5'.�r.L'�' F•�t. y4j�r� `. k�*��1 v.T,F�.�s'I�i��

16
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F � Mti
.. r+fM`.- .•�����".f.�.r/�-F lei .+� ''��r� ��i....�.
Photo 5. Rock Check Dams removed from stream. June 30, 2009

Before
' OW21120 A�1e��
Photo 6. Sediment accumulated in large pool.
After
?nti�F y,`
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asc,
Y
s
Photo 7. After removal of sediment in large pool. June 24, 2009

3 r_
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2
Photo 8. After removal of sediment in large pool, looking upstream.
6
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Photo 9. Approximate center of large pool, depth of sediment removed.
Measurement on survey rod is approximately 1.2 feet(14.5 inches).

'f A �" s�
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NC®ENR r,
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 4, 2009
Greg Crawford
Highlands Country Club
Post Office Box 220
Highlands, North Carolina 28741
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Club Lake
401 Project Number: 08-0164
NOV-2009-SS-0013
Macon County
Dear Mr. Crawford:
The Division of Water Quality has received correspondence from ClearWater Environmental
Consultants, Inc., dated May 22, 2009, in response to the NOV noted above. The proposal
includes the removal of rip-rap dams and sediment from Monger Creek.
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
DWQ Central Files
ClearWater Environmental Consultants—e-copy
GAWPDA'rA\DEMWQ\Macon\401 s\HighlandsCountryClub\SedlrnentRemovalAPPROVE.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:: www.fncwae FAX: [phone] Customer Service:1-877623-6748 q��80N��/�
Internet: www.ncwaterquality.org 6�/� I�SL i/
An Equal Opportunity\Affirmative Action Employer

CLEARWATER ENVIRONT4EN,,TA -C ONsutr,yN�S;,INC.
May 22,2009 FR MAY 2 7 2009 0
Mr. Chuck Cranford
Quality WATER QUALITY SECTION
Division of Water
Q ty ASHEVILLE REGIONAL OFFICE
Asheville Field Office
2090 U.S. Highway 70 ,
Swannanoa,North Carolina 28778
Reference: Notice of Violation and Recommendation for Enforcement
Project#08-0164
NOV-2009-SS-0013
Stream Standard Violation-Other Waste (In-stream sediment)
401 Water Quality Certification(WQC) Conditions
Macon County
Dear Mr. Cranford,
A Notice of Violations letter was received by Mr. Greg Crawford dated April 9, 2009 outlining
violations of the stream standard (in-stream sediment) and 401 Water Quality Certification
resulting from the Highlands Club dam maintenance activities (Figures 1-3).
This letter proposes remedial actions that address all violations and required responses included
in the April 9' Notice of Violation letter, including removal of accumulated sediment and two
rip-rap dams from Monger Creek. An explanation is provided below that explains the
remediation work in further detail. Remediation activities will commence upon DWQ approval.
Required Response
I. Stream Standard-Other Waste (In-Stream Sediment) and 401 WQC Condition
Violations
a. 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 Monger Creek. The Restoration Plan must be
submitted to the Division of Water Quality (DWQ)for review and approval prior
to implementation. The Restoration Plan should include the following:
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com

Highlands Club
May 22, 2009
Page 2 of 5
• A narrative explaining how sediment and fill will be removed and how
impacted jurisdictional waters will be restored.
The Highlands Club has contracted with both C1earWater Environmental
Consultants, Inc. (CEC) and Integrated Construction and Environmental
Services, Inc. (ICES) to oversee and remove accumulated sediment from
approximately 400 linear feet of Monger Creek utilizing the ICES
vacuum method. The accumulated sediment is estimated to exceed 24
inches in pockets throughout Monger Creek, such as the areas upstream
of the two rip-rap dams below the Club Lake dam (photos 2 and 3) and
the stream area downstream from the adjacent residential property
(photo 4).
The vacuum method removes the fine sediments, while leaving in place
most original stream cobble and larger particle sizes in the substrate.
The vacuum method results in little disturbance of the surrounding
stream banks and vegetative buffer. There is no backfall of water,
thereby requiring no further federal or state permits. Adjustments will
be made in the field to remove only the accumulated sediments. Once
the rip-rap dams are removed, it will be determined by CEC if additional
matting is needed on the surrounding stream banks to restore the stream
to the original stream profile and dimension.
• A proposed schedule with dates that indicate when you expect to begin
and complete the removal of the sediment and fill.
CEC and ICES will schedule a start date to conduct the sediment
removal following DWQ approval of this remediation plan. ICES has
estimated completing the sediment and fill removal within three days of
the start date.
• A diagram of the stream channel, referenced with photo documentation
of sediment and fill impacts.
Reference photo 5 for a diagram of the stream channel, sediment
accumulation and fill 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.

Highlands Club
May 22, 2009
Page 3 of 5
During the vacuum activities, coir logs will be placed downstream to
maintain turbidity standards. The removed sediment will be placed in a
designated upland location protected from further erosion and
sedimentation into nearby water resources (photo 6).
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
Highlands Club is aware of and plans to submit the final report documenting
all remediation activities.
Please do not hesitate to contact me at(828) 698-9800 if you have any questions or comments.
Since ly,
a Salz V R. AmeiddIe, P.W.S.
z : 7
Project Biologist Principal
cc: Greg Crawford, Highlands Club
Josh Ward, Town of Highlands
John Hennessy-NPSACOU
Brian Stiehler, HCC
Darlene Kucken, DLR
Starr Silvis, DLR

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SCE. copy
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
April 9, 2009
Greg Crawford
Post Office Box 220
Highlands, NC 28741
SUBJECT: NOTICE OF VIOLATION
Project# 08-0164
NOV-2009-SS-0013
Stream Standard Violation - Other Waste (In-stream sediment)
401 Water Quality Certification (WQC) Conditions
Macon County
Response deadline: April 29, 2009
Dear Mr. Crawford:
On March 31, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at the Club Lake Dam (Highlands Country Club) in
Macon County. Yourself, Brian Stiehler (HCC), Darlene Kucken.(Division of Land Resources)
and Starr Silvis (DLR) were present.
Stream standard and 401 Certification condition violations were noted during the inspection and
file review. Sediment and fill impacts to Monger Creek (Club Lake)—classified WS-III; CA—
were documented. In excess of 400 feet of stream has been impacted by sediment deposition and
two rip-rap dams have been placed in the stream.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 400 feet of an Monger Creek (Club Lake) was impacted by sediment
deposition estimated to exceed 24 inches in portions of the stream reach, representing
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
II. 401 WQC Condition Violations —Highlands Country Club submitted a Pre-Construction
Notification (PCN) on January 18, 2008. The impacts were requested under U.S. Army
Corps of Engineers Nationwide Permit(s) 3 and 29, and the corresponding General Water
Quality Certifications (3689 and 3705). DWQ issued an approval letter for the impacts on
January 31, 2008, for 08-0164. The approval letter specifies that the activities must follow
the conditions listed in the General Water Quality Certification, as well as additional
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Custorner Service:1-877-623-6748 ���lf
Internet: www.ncwaterquality.org 6 6
An Equal Opportunity 1 Affirmative Action Employer ��tll�

Greg Crawford
April 9,2009
Page 2 of 3
conditions listed in the letter. The following conditions were included in the project
Certification:
➢ 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 and/or those authorized by this Certification,
including incidental impacts. 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.
➢ 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:
o 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.
® 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.
Sufficient materials required for stabilization and/or repair of erosion
control measures and stormwater routing and treatment shall be on site
at all times.
➢ 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.
REQUIRED RESPONSE
Please 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, Swarinanoa,
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 401 WQC Condition
Violations

rge3olf3
wford
009
a. 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 Monger Creels. 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 the plan 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 Restoration Plan should include
the following:
0 A narrative explaining how sediment and fill 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 the sediment and fill.
v A diagram of the stream channel, referenced with photo documentation of
sediment and fill 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. Once the Restoration Plan 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. 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,
1�' — .,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Clement Riddle— ClearWater Environmental Consultants, Inc.
Josh Ward—Town of Highlands
John Hennessy—NPSACOU DLR ARO
ARO File Cope DWQ Central Piles
G:\WPDATA\DEM WQ\Macon\401 s\HighIandsCountryCIUb\NOV-2009-SS-0013_4-7-09.doe