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\U, .yn Michael F.Easley,Uovemor
William G.Ross Jr.,Secretary
10
North Carolina Department of Environment and Natural Resources
-, Alan W.Klimek,P.E.Director
Division of Water Quality
March 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9813
Mr. Marty Dale McIntosh
210 Wild Horse Hideout Drive
Burnsville, North Carolina 28714-5214
Subject: Notice of Violation, NOV-2008-CV-0004
Notice of Recommendation for Enforcement
Deed Book 324, Page 108
Yancey County, North Carolina
Dear Mr. McIntosh:
The Asheville Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns discharge of fill material and water quality violations in an unnamed
tributary to McWilliams Branch near Burnsville, North Carolina.
Specific items observed on March 12, 20.08 include; violation of Title 15A North Carolina
Administrative Code 2B.0211(2) [loss of best usage] of at least 120 feet of stream channel by
sediment and fill material approximately 12 inches in depth. Additionally, an area appearing to be
wetland (approximately 1500 square feet in size) had been filled with excavated soil. The violations
occurred in and around an unnamed tributary to McWilliams Branch, class C waters of the state in
the French Broad River basin.
Title 15 North Carolina Administrative Code, Section 2B.0211(2) — The referenced section
requires that, `The waters shall be suitable for aquatic life propagation and maintenance of
biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis shall be considered to be
violating a water quality standard" Observations and measurements made on the property revealed
sediment in the stream sufficient to establish violations of State water quality standards.
If the property-owner has an explanation for the described violations that he wishes to
present,. please":respond.in _writing.',within ten (10)-'days following- receipt of this Notice. The
explanation`will be reviewed and if an enforcement action - is - still deemed appropriate, the
.explanation.will.be_forwarded,to.the Director with the enforcement package for her consideration.
One
NhCarolina
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%Recycledl10%Post Consumer Paper

�0 gArFt�Q Michael F.Easley,Governor
i E] FILE COPY William G.Ross al Secretary
� � North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
� e Division of Water Quality
March 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9813
Mr. Marty Dale McIntosh
210 Wild Horse Hideout Drive
Burnsville, North Carolina 28714-5214
Subject: Notice of Violation, NOV-2008-CV-0004
Notice of Recommendation for Enforcement
Deed Book 324, Page 108
Yancey County, North Carolina
Dear Mr. McIntosh:
The Asheville Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns discharge of fill material and water quality violations in-an unnamed
tributary to McWilliams Branch near Burnsville, North Carolina.
Specific items observed on March 12, 2008 include; violation of Title 15A North Carolina
Administrative Code 2B.0211(2) [loss of best usage] of at least 120 feet of stream channel by
sediment and fill material approximately 12 inches in depth. Additionally, an area appearing to be
wetland (approximately 1500 square feet in size) had been filled with excavated soil. The violations
occurred in and around an unnamed tributary to McWilliams Branch, class C waters of the state in
the French Broad River basin.
Title 15 North Carolina Administrative Code, Section 2B.0211(2) — The referenced section
requires that, "The waters shall be suitable for aquatic life propagation and maintenance of
biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis shall be considered to be
violating a water quality standard" Observations and measurements made on the property revealed
sediment in the stream sufficient to establish violations of State water quality standards.
If the property owner has an explanation for the described violations that he wishes to
present, please respond in writing within ten (10) days following receipt of this Notice.. The
explanation will be reviewed and if an enforcement action is still deemed appropriate, the
explanation will be forwarded to the Director with the enforcement package for her consideration.
North Carolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877��623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Mr. Marty Dale McIntosh i
March 28, 2008 ,.
Page 2
If there are questions concerning this matter, please contact Mr. James Reid at 828/296
4651.
Sincerely,
Roger Edwards, Regional Supervisor
Surface Water Protection
xc: Non-Point Source Compliance/Enforcement Unit

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Streams Investigated on March 12., 2008
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F wArF Michael F.Easley,Governor
\Q G William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
_ Alan W.Klimek,P.E.Director
pz J Division of Water Quality
May 11, 2007
Mr. Kenneth Mclton
709 Wes Brewer Road
Newland, North .Carolina 28657
Subject: Yancey or Toe River Railroad
Yancey County (incident 200701158)
Dear Mr. Melton:
This agency, received a complaint concerning remnants of a railroad trestle in the
North Toe River. Research revealed that the old Yancey (or Toe River) Railroad might
have owned the trestle. Your name was associated with the railroad in documentation
available to this agency.
Any information would be appreciated. Please contact the writer at telephone
number 828-296-4651 or correspond in writhing to the address printed near the bottom of
this page.
Sincerely,
tL Imes R. Reid
* �- (e, ivironmental Engineer
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NorthCarolina
Nahu'4t11y
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

WA rF9 Michael F.Easley,Governor
C� Q
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
., Division of Water Quality v;
November 1, 2007
Mr. and Mrs. Grant Goodman
1415 Azure Cove Keowee V1,
Seneca, South Carolina 29672
Subjec 2 Unakite Lane Property
Yancey County, NC
Dear Mr. and Mrs. Goodman-
Representatives of the Division of Water Quality visited property located at`272
Unakite Lane in Wolf Laurel on October 31, 2007. Observations revealed that storm water
discharging onto the property from a culvert was causing substantial erosion in an
unnamed tributary to Bald Mountain Creek.
LL
Diminishing the volume of flow through the culvert would help protect the creek U�
classified C-trout waters from scouring erosion and downstream deposition of sediment.
( ) 9 P b ci
Installation of two additional culverts (one on either side of the subject property) would `
substantially reduce the volume and erosive force of discharge from the existing culvert.
Any additional culverts must be fitted with properly designed and installed
dissipation and dispersal features on the discharge sides of the culverts. You attention to
this matter is appreciated. Please contact the writer if there are questions or matters with
which this agency could be of assistance.
Sincerely, -
James R. Reid
LU
Environmental Engineer
With Carolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Purel Resort Storm Water Mgt.. or Lack Of...]
IP z
Subject: [Fwd: Wolf Laurel Resort Storm Water Mgt.. or Lack Of..
From: Roger Edwards <[e-mail]>
Date: Tue, 16 Oct 2007 07:00:21 -0400
To: Jim Reid<[e-mail]>, Chuck Cranford<[e-mail]>
Jim,
Please read the attachment. This sounds like more than one issue here. Please
contact Ms. Goodman, you and Chuck check as to what regulation apply and how best to
handle the issue. Please let me know what you find and recommendations.
Thanks,
R. Edwards y ,per
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional office
Division of Water Quality - water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
17-0-7
� Y -
Subject: Wolf Laurel Resort Storm Water Mgt.. or Lack Of...
From: "Grant Goodman" <[e-mail]>
Date: Mon, 15 Oct 2007 19:54:20 -0400
To: <[e-mail]>
Hi --I have sent several e-mail to Wanda Fraizer
on a storm water problem in our stream at Wolf
Laurel Resort. We have offered to pay to disburse a major storm drain that flows into the
MIDDLE of our lot .. it is overloading the catch
basin in our lot and dumping major sediment
into the stream. We want to pay to have additional storm drainage pipes installed on the
sides of our lot to disburse the stormwater and
save sediment from going into the stream. The
WL road supervisor says no.. even tho he
admits no storm water drainage plan is
on file and no work done to improve our area
since 1970.. even with increased development.
I have not heard from Wanda .. is she still there?
She helped us earlier on sediment deposits
and when they threatened to ditch and re route
a stream. These guys totally ignore storm
water management.
Who is the proper contact now in your office?
1 of 2 10/17/2007 4:08 P�

PO Box 250
Micaville,NC 28755
February 26,2007
NCDENR F E B 2 $ ZOO] .�
Division of Water Quality/NPDES Unit
1617 Mail Service Center _
Raleigh,NC 27699-1617
Re: Silver Bullet
Dear sir or Madam:
For most, if not all,of the years between 1987 and 2000, Silver Bullet convenience store had a permit
with you to discharge water into Crabtree Creek at Micaville,NC. The source of this discharge was a
kitchen sink in a small deli from which the water went through a sand-filtering system before being
discharged into the creek. Sometime after 1998, our lessee, Jerry Smith,made the decision to stop
operating the deli,and he let the permit lapse. Now,Mr. Smith has left,and we are faced with the
possibility that a potential new lessee may wish to re-open the deli.
Please send us an application and any pertinent information that we would need to fill it out. If possible,
please send that to my home address: 1116 Shoal Creek Road,Burnsville,NC 28714. If you should need
to speak with me before sending that application,,my cell phone number is 828-208-0006 and my home
phone number is 828-682-7956.
Thank you,
William I.Young (J
President
1 .
�)
MA R - 2 2007
I
VVA I ER QUALITY SEOTIOIV
AFHEV,LLr REGIONAL 0FF1OE

0� WAT�'T Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
�b u x.-
Alan W.Klimek,P.E.Director
' Div_ision o�Water.Quahty r-
z
May 7, 2007 _
Mr. Richard Hall
4921 Bald Mountain Road
Burnsville, North Carolina 28714-6113
Subject: Straight Pipe (incident 200701559)
Yancey County, NC
Dear Mr. Hall:
The letter documents receipt of your complaint (May 2, 2007) concerning a "straight
pipe" discharge from a residence (diagonally behind 4921 Bald Mountain Road). As local
Health Departments normally oversee individual dwelling units, the Division of Water
quality forwarded the matter to the Yancey County Health Department.
Amy of the Yancey County Health Department stated that the Health Department
was aware of the situation described in your complaint. Amy said the owner of the
property had submitted (to the Health Department) an application for an improvement
permit and was working to remedy the problem Sf
Your attention to this matter is appreciated. Please contact Mr. James Reid at
telephone number 828-296-4651 if there are questions or matters with which the Division
of Water Quality could be of assistance. k
Sincerely,
r
Roger Edwards, Regional Supervisor
Surface Water Protection Section
Xc: Yancey County Health Department
i North Carolina
Naturally i
e i
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

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Motor Vehicle Accident with fuel spill +
Motor Vehicle Accident with chemical spill tJ
Liquid 1 T( f
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OF WAIF
`OCR RQG Michael F.Easley,Governor
y William G.Ross Jr.,Secretary
r- North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
January 5, 2007
CERTIFIED MAIL
RETURNED RECEIPT REQUESTED
William Thad Hollifield 7005 1820 0002 9207 4397 Ernest Pinto 7005 1820 0002 9207 4458
1170 Riverview Drive 1278 Riverview Drive
Burnsville, NC 28714 Burnsville, NC 28714 .
Billy Bruce Wilson 7005 1820 0002 9207 4403 Jeffery C. Fox, ETAL 7005 1820 0002 9207 4465
12040 NC Highway .197 South c/o Lisa R Fox Elsaesser
Burnsville, NC 28714 565 Biggerstaff Road
Spruce.Pine, NC 28777
Dianna V Pinto, Trustee 7005 1820 0002 9207 4410 Alvin Blankenship 7005 1820 0002 9207 4472
Post Office Box 955 874 Riverview Road
Bloomfield Hills, MI 48302-7508 Burnsville, NC 28714
Edgar Atkins 70051820 0002 9207 4427: Billy Brooks Wilson 7005 1820 0002 9207 4489
12040 NC Highway 197 South 19 Pensacola School Road
3urnsville, NC 28714 Burnsville, NC 28714
7005 1820 0002 9207 4434
Ray Vance and Mary Ann Miller Mary Boone Heckrotte 7005 1820 0002 9207 4496
9449 NC Highway 197 South 411 Wainut Street# 2628
Burnsville, NC 28714 Green Cove Springs, FL 32043
Ralph and Raylene Anglin 7005 1820 0002 9207 4441
10 Socrates Lane
Burnsville, NC 28714
Subject: Rock Mining Within and Along Waters of the State
Pensacola Community, Avery County
Dear Messers:
It has come to the attention that rock mining is occurring along streams and rivers in your community.
As property owners in this area, if excavation of rock from underneath the plane of high water, this
rock removal is considered a violation of State Regulations and can subject the property owners
where the activity is occurring to the assessment of civil penalties.
NorthCarblina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Rock Mining Within and Along Waters of the State
Pensacola Community, Avery County
Page 2
In order to clarify the Division of Water Qualities position of this matter, the following is provided for
your information:
• The Division of Water Quality regulates water (streams and rivers) below the ordinary high
water mark. This is the highest average level that water will achieve as determined by field
indicators. //L?W k.)5aff ; �
• The Cane River and Cattail Creek are both classified as Trout waters, and therefore, under
15A NCAC 04B .0125. a 25 foot, undisturbed, woody buffer must be maintained between any
land disturbing activity and the edge of any trout waters.
• Any removal of rock, substrate, or other earthen material from within the ordinary high water
mark is considered a Removal of Best Use of that water resource under 15A NCAC 02B .0211
(2) which states that:
The waters shall be suitable for aquatic life propagation and maintenance of biological
integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis shall be considered to
be violating a water quality standard.
e Violations of Water Quality General Statutes and Administrative Codes can result in the
assessment of Civil Penalties of up to $25,000.00 per day, per violation. .
In order for land owners within this community to remain in compliance with these regulations, no
rock mining shall occur under the plane of the ordinary high water mark.
Should you have any questions in this matter, please do not hesitate to contact Kevin Barnett at 828-
296-4657.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Cc: Michele Lawhern, County Manager
Yancey County
Room 11, Courthouse
Burnsville, NC 29714 .
Paul Rawls, DWQ — SWP Section Chief
David McHenry, NC Wildlife Resources Commission

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Address of Complaint:
Directions to complaint: ry '
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Type of complaint: BIMS Incident#
WWTP Major
WWTP Minor
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401 Issues
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Muddy/Discolored
Digging in stream
Strange color/odor
Solid material in stream
71 J1J stream bank �� 1^nG�-sL. � t� �v 11,I�'J
Removing vegetation .
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-------7unoff from neighbor
Runoff to stream .�YL /
Emergency Response:
Train Derailment
Fire/Explosion
Motor Vehicle Accident with fuel spill/chemical spill
Liquid
Dry Bulk/Bagged

Incident Report
a Report Number: 200700996
Incident Type: Complaint On-Site Contact:
Category: Other First/Mid/Last Name:
Incident Started: 03/07/2007 Company Name:
County: Yancey 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: Double Island Road @ Micaville between Burnsville and Spruce Pine
Address:
City/State/Zip
Report Created 03/13/07 03:44 PM Page I

ATMA..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr., Secretary
Alan W. Klimek, P.E., Director
March 23, 2007
Mr. Gary Wayne Hughes
3263 double Island Road
Green Mountain, North Carolina 28740-6168
Subject: Stream Complaint
Yancey County
Dear Mr. Hughes:
In response to an anonymous complaint of possible filling in a stream on your
property, the Division of Water Quality visited the site on March 21, 2007. At the time
of the visit, this writer observed no activities over which the Division of Water Quality
would have jurisdiction. However, fill material lay in close proximity to the stream.
Any future disturbance on the site should be carefully undertaken to avoid
contamination of the stream. Placing or allowing soil other materials into the stream
(without first securing a permit) would violate at least one state law. Establishing a
ground cover of grass or other suitable plants on the bare fill-slopes would be
encouraged. Such action would secure the material and minimize the possibility of
stream contamination.
Your attention is appreciated. Please contact me at telephone number 828-296-
4651 if there are questions or matters with which this agency could be of assistance.
Sincerely,
James R. Reid
Environmental Engineer
Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone: [phone]/FAX: [phone]/Internet: www.ncwaterquality.org y+
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper vVaf t ally

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

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231 HAYWOOD STREET, ASHEVILLE, NC 28.801 �y �
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WWW.ALTAM0NTrNVIRONMENTAL.COM `?i 11 i
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February 14, 2011 r,, ` WATER QUALITY SCCTION
F,SHE�!.1lLE..REC10NAl Of FIDE rl
Ms. Tasha McCormick Mr. Chuck Cranford
United States Army Corps of Engineers North Carolina DivisionR'of'Mfer Quality
151 Patton Ave 2090 U.S. 70 Highway
Asheville, NC 28801 Swannanoa, iNC 28778
Subject: Response to Notice of Violation
Herb Residence
410 Bloody Fork Road
Yancey County, North Carolina
Dear Ms. McCormick and Mr. Cranford,
Altamont Environmental, Inc. (Altamont), on behalf of Ms. Lois Herb, is proposing three alternatives
in response to a recent Notice of Violation (NOV) issued to Ms. Herb. All three alternatives would
permit and mitigate the existing stream impacts. The alternatives are presented in order of
preference for Ms. Herb to respond to the NOV while minimizing further disturbance of the topsoil
and receiving water bodies.
BACKGROU,VD
The Herb residence is approximately 2,000 feet from the Cane River on Bloody Fork Road in Yancey
County, North Carolina. Ms. Herb's family has owned this property since approximately the 1850s.
This property extends to the top of its associated watershed. See the attached Figure 1 for a Site
Layout Map. As shown in Figure 1, the stream (as provided by FEMA mapping data) above the Herb
residence is approximately 2,030 feet in length. Photographs of the site and associated stream are
attached to this letter.
Ms. Herb began construction of her residence in 2004. Immediately following Ms. Herb's move-in to
the residence, numerous construction-related problems occurred. This culminated into Ms. Herb
seeking legal assistance. Through the legal process, it was discovered that a 36-inch culvert of
approximately-300 feet in length had been installed to divert a stream around the residence
without obtaining the appropriate 401/404 permits. As you are aware, Ms. Herb's contractor was
hired with the understanding that the contractor was responsible for acquiring any needed permits
for work done at the residence.
The stream associated with the NOV is approximately one foot wide at the point where it enters the
above-mentioned culvert. The receiving stream from the Herb residence runs along Bloody Fork
Road before entering the Cane River.
The initial installation of the 36-inch culvert was done in a manner that did not prevent water from
entering the house foundation and basement area. Therefore, French drains were later installed.
along the perimeter of the house and tied to the 36-inch culvert. These French drains and culvert
appear to have provided a condition that does not promote excessive water-related corrosion of the
house foundation or habitat for unhealthy mold and mildew.
G:\Proposals\Lois Herb\Ltr_Mccormick_Novresponseoptions_Feb14-2011.Docx

r� Mccormick and Mr. Cranford
February 14, 2011
Page 2 of 6
Additionally, a headwall was not installed at the upstream end of the 36-inch culvert. This may
allow surface water to bypass the culvert inlet and create a sinkhole condition within the Herb
property.
Because of the groundwater table conditions at the residence, the complete removal of the 36-inch
culvert would make the house unusable. Furthermore, removing any length of culvert would have
to be completed in a manner that does not promote wet conditions under the house.
PROPOSE®RESPONSES TO THE NOV
All proposed responses below include the submittal and approval of a Pre-Construction Notification
(PCN) by the United States Army Corps of Engineers (USACE) and the North Carolina Division of
Water Quality (DWQ). This PCN will acknowledge the fact that the culvert is already in place and
will provide the necessary information to obtain the needed 401/404 permits.
The main differences between the alternatives below are the methods to ensure the necessary
compensatory stream mitigation associated with the installation of a culvert beyond 150 feet in
length.
NOV Response #1:
This response would include the submittal of a PCN document to the USACE and DWQ and the
installation of a concrete headwall to ensure stable conveyance. Compensatory stream mitigation
would be addressed by stream preservation of 30 feet on either side at a length of approximately
2,030 feet of headwater stream. This translates to approximately 2.8 acres of preservation of
headwater stream and its floodplain.
Stream preservation in this situation provides the opportunity to protect a headwater stream from
future development pressure. Using the USACE's Stream Mitigation Guidefines-2003and the
length of culvert to be approximately 300 feet, the basic compensatory mitigation requirements
associated with impacts to "good" quality streams would be 2:1 (From Table 1), or 600 feet in this
case. Using the same guidelines for "preservation", and defining 2,030 feet of headwater stream
as perpetually preserved, provides a "mitigation activity multiplier" of 3.4. The multiplier of 3.4 fits
within the suggested 2.5 to 5 mentioned within the guidelines.
Therefore, the proposed length of stream preservation provides adequate compensatory stream
mitigation.
NOV Response #2:
This response would include the submittal of a PCN document to the USACE and DWQ and the
installation of a concrete headwall to ensure stable conveyance. Compensatory stream mitigation
would be addressed by stream preservation of 50 feet on either side at a length of approximately
2,030 feet of headwater stream. This translates to approximately 4.8-acres of preservation of
headwater stream and its floodplain.
As mentioned above, the proposed length of stream preservation provides adequate compensatory
stream mitigation. However, this alternative provides further protection of the stream and its
floodplain from future development pressure.
NOV Response #3:
This response would include the removal of approximately 50 feet of culvert, and the preservation
of 30 feet on either side of approximately 1,250 linear feet of stream. As discussed above, the
removal of culvert must be completed in a manner that does not promote wet conditions under the
house. Therefore, the length of culvert to be removed is limited for Ms. Herb to remain at her
residence.
If 50 feet of culvert is removed, then 1,250 feet of stream preservation provides a "mitigation
activity multiplier" of 2.5.
G:\Proposals\Lois Herb\Ltr_Mccormick Novresponseoptions_Febl4-2011.Docx

r
cCormick and Mr. Cranford
uary 14, 2011
Page 3 of 6
It is anticipated that the area of culvert removal would be re-graded and filled with streambed-type
material and large rock. Filter fabric may be installed underneath the.streambed-type material to
minimize the non-alluvial soil from eroding.
This alternative is the least preferred due to the following:
Cost of implementation
Reduced length of stream preservation
Removal and disturbance of stabilized topsoil
Opportunity for turbid sediment-laden water to leave the site during and after
implementation and to enter the Cane River
Thank you for your time and consideration on this project. Please feel free to call or respond with
any questions or comments.
Sincerely, - - - - - - - - - -
ALTAMONT ENVIRONME�;4'° I AER��srrrr�
°�° S
® 380 °
Paul Dow, P.E. %� G
r � I
Enclosures: Figure 1—Site Layout Ma.p
Site Photographs
Cc: Ms. Lois Herb
G:\Proposals\Lois Herb\Ltr_Mccormick Novresponseoptions_Feb14-2011.Docx

Ms. McCo
rmick and Mr. Cranford
February 14, 2011
Page 4 of 6
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Parcels-Yancey County GIS —tioads tt f a da ` (SISf ' �,
Controus NCDOT ry !`1`'t"� r u ^�fs. s 70
i (
Parcel Bounda '`pa��t'.t',vf' rL-�' �e-e ''2'' £Tir_3•-'fY°y-'-�" , Y
Orthophoto-2010 USDA NRCS 20-Foot Interval Contours \ } tr4 /y,. Y•.FF'✓ t"`� ,� r� i^y s, !� '�::ai�e\ r v::
SITE DETAIL MAP FIGURE
E NG_INEEriI NG & H YDROGEOLOGY y
231 HAYWOOD STREET.ASHEVILLE.NC 28801 Lois Herb Property
rE WWVI.2B1K3 TC iac.e2e.291.O11 - 328 Bloody Fork Road
SaWvr.aLranonrcnvmonnenrar..cor,
Yancey County,North Carolina
Drawn By:Anna Saylor Scale
Project Manager:Paul Dow Feet
Client:Lois Herb
0 125 250 500
Date:2/9/2011 G;\Proposals\Lots Herb\FIgures\Site Detail Map.mxd

410 Bloody Fork Road
Burnsville, NC 28714
Telephone: [phone]
e-mail:
February 2, 2011
Needed:
1. Define amount of pipe that must be removed. Place marker on
spot.
2. After pipe is removed define slope and depth of drainage ditch
with width at bottom.
3. Define size of rip-wrap to be used in lining the ditch and the
number of tons needed.
4. Cost per ton and hauling fee.
5. Machinery needed to get rip-wrap to site of placement.
6. Labor costs to remove the pipe, do proper ditch , replace trees,
finish grade damaged area, reseed and straw area.
7. Detailed description of headwall and work to be done at head of
pipe.
8. Detailed work needed to do spillway etc.
I need the job defined and estimated cost on or before February 11,
2011.
Lois D. Herb

DRAINAGE PIPE ISSUE
Meeting November 19, 2020 @
410 Bloody Fork Road, Burnsville, NC
We met with Mr. Kenneth Johnson of the Johnson Grading Company,Green Mountain,
NC. The objective of the meeting was to determine the estimated cost to correct the
drainage issues raised by the U.S.Army Corps of Engineers.
After discussing and evaluating the problems at length,Mr. Johnson was unable to
establish a cost estimate for the project. A correction plan must be developed.
Mr. Johnson suggested that an engineer develop a corrective action plan and have the
Army Corp of Engineers and NC State Water Quality Management give a written
approval. At that time he will be glad to do a costing of the work to be done.
The following are some of his questions:
1. Headwall---What is to be the height, depth below existing pipe and length
on each side of the pipe?
Is the headwall to be stacked stone or concrete?
If concrete, what is the required thickness, depth and
length on each side?
2. Spillway--This can be placed across the land between the hills.
If spillway is to be made, what is to be its depth, the
width at the bottom and the grade slope ( a 2:1 or 1:1
or other)? Example: If the slope is to be a 2:1 with the
bottom 3 feet wide and three feet deep, then you would
need a surface area 15 feet wide for the work to start.
3. Soil Relocation--In digging the ditch there will be lots of soil to be
re-located. Where would this be placed? Would it need
to be hauled away?
4. Rip-Wrap--What size of stone is needed? Due to the steep slope of
the hill, large boulders will probably need to be placed at
frequent intervals to slow the force of the water flow
during a flash flood.
5. Rock Clause--Due to the granite seam running through the area a
rock clause exclusion would be needed for any cost to
be accurate.
Summary: Mr. Johnson's opinion is that this will be very expensive to do.
9

Referee's Report
Ginn.,
n"•
r
842 West King Street, Suite 11
r.
•
Boone N.0 ,8607
i
j
Edwin L Horst-,and wife:
rr
y.
Lols, D. :Herb i j
Plaintiffs '
r ..
.Verses
. r
D,olp h Silvers
'S.W,
Silvers- d/b/a
Dolph and S.W ,Silvers°
;C;onstructon & -Cabinet��rShop
r
r r ."
Defendants
Reference: Resources, ,
North Carolina Residential�Bu lding, Code
"
r
r
NF M x National Electrical Code
:North .Carolina Plumbing Code
North Carolina Mechanical Code
North Carolina Fuel was Code,
Submitted by Tommy:Burleson
August 269..2010
r .
r.

August 26,2010
C.Phillip Ginn
16 Courthouse
842 W. King Street
Boone,NC 28607
Honorable Judge Ginn:
Re: Horst vs. Silvers,Yancey County,Superior Court File No.Os.CvS-27S
1y Tommy Burleson, am submitting this report under Rule 53. `Referee" and base my findings on
the testimony ofthe parties involved and on the finding of facts by my personal inspections or
research of North Carolina Law and Federal Law which pertain to this case.
This first and one of the primary violations of which has occurred is the general contractor's
failure to obtain a North Carolina.Division of Water Quality 401 Water Quality Certification and
a U.S. Army Corp of Engineers 404 notification and procedures set forth in the Clean Water Act,
33 USC 1344.
} The plaintiffs Exhibit#2, contract proposal draft#1 submitted to the Herbs by Dolph and S.W.
Silvers Construction, dated 10-15-03,-states in line 2&3 ofthe proposal that S.W. will supervise
excavation,heading up springs and piping water out of the site. Judge Ginn, during the February
22°d sworn statement session;I asked the question to Mr. Silvers why had there not been any
U.S. Army Corp 404 or N.C.Division of Water-Quality 401 Notification been applied for? His
response was"if you get those'guys involved you'll get nothing done"_ The failure to properly permit this site is a"major'' cause of the water problems which persist in the crawl space areas.
Again, to make clarification of the North Carolina General Statutes 153A-357 Permits, it is the
general contractor's responsibility to make sure all the applicable permits have been applied for
and issued.
I inspected the Herb&Horst residence on March 10% 2010 and discovered that the site had
some 300 feet of 36 inch diameter culvert placed in live water. I notified the N.C.Division of
Water Quality and met Chuck Cranford at 410 Bloody Fork Road Yancey County,which
resulted in a`Notice of Violation"dated April 12, 2010. The"Recommendation for
Enforcement'will result in the removal of approximately 150 feet and a Fine or the mitigation
fee of$300.00 plus per foot of impact; estimated impact fee is$40,000 to$60,000 range. This is
only an estimate at 150 feet of stream impact/also, during my March 22nd 2010 inspection;I discovered water standing in a low swell at the water pressure tank area about 4 to 5 inches deep.
If home is allowed to stand;then a sump pump will be required to evacuate the water from this
area. The moisture problem still persist in the crawlspace and will most likely need a mechanical
engineers solution or a pre-engineered solution(sealed crawlspace) such as condition area in the
crawlspace.Referee's Exhibit#1 shows-the fore-mentioned area at the water pressure tank.

Page 2
Honorable Judge Ginn
Horst vs. Silvers
I feel the hydrostatic pressure(water problem)of the location is caused by the lack of civil
engineering which was not considered before the site was developed. Again, these
characteristics of the site would have been considered if the site had been properly permitted by
the Corp and NCDWQ. Referee's Exhibit No. 2 show portion of site which was disturbed in
order to place 300 feet of culvert in live water(Class C Trout). Referee's Exhiibit No. 3 show
hydrostatic pressure forming at the base of the foundation wall in the crawl space. Referee's
Exhibit No. 4 show fiberglass(R-19)insulation which has gotten wet and not been replaced.
Referee's Exhibit#5 shows the foundation being backfilled with out the placement of a
foundation`French"drain per N.C.Residential Code Section 406. Reference Exhibit No, 6
shows parking area built in.a Class C Trout Water Buffer,violation of the North Carolina
Division of Water Quality Standards.
The homeowner's(Horst&Herb)have taken measures to remediate the site moisture problem
with the addition of a French drain in a location on the up slope above the home. The contractor
who performed the work,Mr.Kenneth Johnson the remedial site work, stated to me he had
placed a 6"pipe with some 188.92 tons of washed stone(1 Vi )and 47.44 tons ofRip-Rap
Ballast(6"to 9")to construct a French drain to divert the underground water into the 36"culvert
that was not permitted. When 1 asked Mr: Cranford(NCDWQ)would they need a penmit'to
place the french drain? Mr. Cranford answered"No"because it was not live"surface water". So
it is my assumption that the placement.of the French drain by Mr.Johnson is not'a violation and
is in the normal scope of a grading contractor_ Again,the outlet of the French drain will be
determined when the U S.Army Corp and the Division of Water Quality are satisfied with.a
remediation plan for the NOV 2010—OP-0220 at 410 Bloody Fork Road, Yancey County,North
Carolina. I was told Mr. Johnson did backfill the concrete block foundation ofthe home and by
the N.C. Building Code"Residential"and Section R405.2 does require an approved positive
drainage system that should have been installed at the upper side where the backfill was placed.
The referee's exhibit#7 shows placement of back fill to the foundation wall.on the upper-side of
the home.
The next point of interest of the home would be the structural elements and the placement of the
piers and beams to carry the structural load and/or the load paths. The first thing that I noticed is
that the plans are not sealed by an engineer or architect. The only plan that I have been presented
is the Plaintifrs exhibit 31 of which shows no load paths and only a floor plan. I ask the
question glow was an irregular building constructed without using accepted engineering
practices"? The truss design with the(2)two roof system Tinto one another and the cathedral
ceiling in the great room with balloon framed windows create additional point loads
to be accounted for. The N.C. Residential Building Code requires in Sec.R301.2.2.2.2,which
need
1.2.2. irregular
Buildings are required on structures of this nature to be drawn and sealed by an engineered
design professional to insure that the loads are properly distributed to the,girders, beams,LVL's
4 oundation.
to the f

Referee's Supplemental Cost Estimate Report,
Case no. 08-CVS-278
Date: December 30t', 2010
Cost estimates to repair and/or remedial work to correct violations to the
Horst/Herb residence located at: 410 Bloody Fork Road, Burnsville, NC.
Item I: Referee's Exhibit#2: Acquire Army Corp. of Engineers, Clean Water Act, section 404
permits and also a N.C. Division of Water Quality 401 certification permit to remediate live
water encroachment violation.
• Employ the services of a civil engineer to do a watershed hydrology study to determine if
the 36 inch pipe is sufficient to carry a minimum of a 10 year rain event. If the pipe is
not sufficient to carry the 10 year rain event; then an over flow pipe will need to be
installed also:
Engineering cost estimate: $3290
• (Option A)Physically excavate and remove the 36 inch pipe and reduce the pipe's length
to 150 feet or less, stabilize and reseed excavated area.
Excavation cost estimate: $48,000
Install 36 inch pipe headwall at pipe inlet: Estimated cost: $2500
(Option A)Estimated cost$52,500.
• (option B) Leave the existing 36 inch pipe and pay mitigation fee to the Army Corp
Estimated cost$40,000
Install 36 inch pipe headwall and over flow pipe: Estimated cost$4300
(Option B)Estimated cost$44,300
• Average cost estimate: $48,400
• Engineering cost: $3,290
Estimated total: $51,690
Item II: Referee's Exhibit's 1, 3 &4: hydrostatic water problem in crawlspace area. The
crawlspace insulation has gotten wet and the presence of mold has been determined to exist:
per the Environmental Contamination Report done by Arthur V. Martin Associates dated 9/24/07
The remediation of the biological-growth(mold) will incur two cost; The employment of a
environmental engineer as for the evaluation and the remedial solution and the cost of the
remedial scope of work.
• Environmental Engineer estimated cost $3200
• Michael Downey's estimated cost eliminate mold in crawlspace
pages 2, 3 &4 of his report(enclosed) $30,278.40
Estimated total: $33,478.40
Page 1

January 4, 20111 d 2011 ,.
C'_AL1TYE GTION
NCDENR17,NAL o ,_ICE
j•
Mr. Chuck Craeord
Surface Water Protection Section
2090 US 70 Hwy.
Swannanoa, NC 28778
RE: Referees Supplemental Report for Horst/Herb vs. Silvers Construction
Cost estimate to bring residence into compliance located at 410 Bloody
Fork Road, Burnsville, NC 28714.
Dear Chuck,
I have enclosed my referee's report for the civil suit between Horst/Herb vs. Silvers/Silvers in
Burnsville, North Carolina.
Hopefully, I have made it clear that the 404 and 401 certification process must be adhered to and
brought into compliance with the Army Corp and N.C. Division of Water Quality. I have estimated the
cost of remediation in Item#1 of the Report. I know the mitigation fees are undetermined at this time,
but hopefully the site can fall under the perimeter of either Option A or B of the report.
I have also copied both attorneys for the case and Mr. Horst and Ms. Herb to keep the line of
communication open between all parties. I hope,for everyone's sake,the matter will be resolved and
compliance met in the near future.
Yours truly,
Tommy�rleson
Referee
Cc: David Etheridge Attorney
George Saenger Attorney
Lois Herb Plaintiff
Enclosure

JAIV 1 0 2011 r
Referee's Supplemental Report
Judge Ginn
8.42 West King Street, Suite 11
Bonne N.C. 28607
Edwin L. Horst and wife
Lois D. Herb
Plaintiffs
Verses
Dolph Silvers and
S.W. Silvers dba
Dolph and S.W. Silvers
Construction & Cabinet Shop
Defendants
Cost Estimates to Bring Residence into Compliance at:
410 Bloody Fork Road
Burnsville N.C. 28714
Submitted by: Tommy Burleson "Referee"
Dec. 3 0'h 2010

Referee's Supplemental Cost Estimate Report
Case no. 08-CVS-278
Date: December 30'', 2010
Cost estimates to repair and/or remedial work to correct violations to the
Horst/Herb residence located at: 410 Bloody Fork Road, Burnsville, NC.
Item I: Referee's Exhibit#2: Acquire Army Corp. of Engineers, Clean Water Act, section 404
permits and also a N.C. Division of Water Quality 401 certification permit to remediate live
water encroachment violation.
• Employ the services of a civil engineer to do a watershed hydrology study to determine if
the 36 inch pipe is sufficient to carry a minimum of a 10 year rain event. If the pipe is
not sufficient to carry the 10 year rain event; then an over flow pipe will need to be
installed also:
Engineering cost estimate: $3290
• (Option A)Physically excavate and remove the 36 inch pipe and reduce the pipe's length
to 150 feet or less, stabilize and reseed excavated area.
Excavation cost estimate: $48,000
Install 36 inch pipe headwall at pipe inlet: Estimated cost: $2500
(Option A)Estimated cost$52,500
• (option B)Leave the existing 36 inch pipe and pay mitigation fee to the Army Corp
Estimated cost$40,000
Install 36 inch pipe headwall and over flow pipe: Estimated cost$4300
(Option B)Estimated cost $44,300
0 Average cost estimate: $48,400
• Engineering cost: $3,290
Estimated total: $51,690
Item II: Referee's Exhibit's 1, 3 &4: hydrostatic water problem in crawlspace area. The
crawlspace insulation has gotten wet and the presence of mold has been determined to exist:
per the Environmental Contamination Report done by Arthur V. Martin Associates dated 9/24/07
The remediation of the biological growth(mold) will incur two cost; The employment of a
environmental engineer as for the evaluation and the remedial solution and the cost of the
remedial scope of work.
• Environmental Engineer estimated cost $3200
• Michael Downey's estimated cost eliminate mold in crawlspace
pages 2, 3 &4 of his report(enclosed) $30,278.40
Estimated total: $33,478.40
Page 1

Item III: Referee's Exhibit's#5 & 7: Foundation wall has foundation drain. The scope of work
will be to excavate around home, waterproof foundation block and place a french drain at the
base of the foundation perimeter.
• Estimated cost to excavate, waterproof and place drain, cover and reseed:
Estimated cost: $23,518.00
Item IV: Referee's Exhibit# 6: Parking area is being considered under an existing condition and
no remediation has been called for and therefore no estimated cost is needed.
Item V: Referee's Exhibits 8 through 18: These exhibits deal with the buildings structural
deficiencies and these aspects will have to be addressed by a structural engineer analysis and
detailed scope of work, as well as the building contractors cost to bring the residence into
compliance.
• Mr. Downey has addressed most of the contractors estimated cost in his report on pages 4
through 17 with a breakdown of a room by room remedial cost. I feel he has determined a
fair estimate of the repairs of which will include the roof and attic problems, main living
area remedial work and crawlspace foundation and girder problems.
Estimated cost to repair roof, attic and main living area: $61,950.00
Estimated cost to repair crawlspace foundation and girders: $12,853.00
Estimated cost to hire structural engineer: $5900.00
Estimate total: $80,703
Item VI: Referee's Exhibit#19: Bay window cantilever.
• Place full bearing metal plates between joist and girder:
Estimated cost: $390.00
Item VII: Referee's Exhibit: #20: Remedial to T03 roof trusses which have been cut and altered.
• Structural Engineer estimated cost: $250.00
Field work to repair trusses: $375.00
Estimated total: $625.00
Item VIII: Referee's Exhibit#21: Wall Balloon Framing at main deck(2 story with windows)
needs structural engineers analysis and remedial repair.
• Structural engineer estimated cost: $450.00
• Remedial repair estimated cost: $5450.00
Estimated total: $5900.00
Page 2

Item IX: Referee's Exhibits#22 &23: Large deck and walk way. This item requires that the
floor decking be removed and galvanized flashing be placed between deck band/deck joist and
the rim board of the floor system. Also through bolt the deck band to the rim board per code at
42 inches on center.
• Mr. Downey's has addressed this item on page #3 of his report, he has broken down the
labor and materials needed to remediate the deck and walkway.
Estimated cost: $34,050.40
• Note: While the deck flooring is removed you can address Referee's Exhibit#24 by
sawing (masonry saw)the back portion of the concrete deck and creating a gap between
the rim board and the concrete decking. This will allow this placement of appropriate
flashing in this area.
Estimated cost: $100.00
Estimated Total: $34,150.40
Item X: Referee's Exhibits#25 through A: "Plumbing Violations" The North Carolina State
Board of Examiners of Plumbing has determined that the plumbing installation has "created risk
of personal injury by improper installation and design". Thus meaning the plumbing has to be
reworked and brought into compliance.
l
• Moody Plumbing estimate(enclosed): $13,000.00
Item XI: Referee's Exhibits#29, 30 and 31: Electrical Violations to be addressed.
• Shehan Electric Inc. estimate(enclosed): $5,800.00
Items XII: Referee's Exhibits#32 and#36: Re-install HVAC system: Heating, Ventilation, and
Air Conditioning units.
• Gentry Heating Inc. estimate (enclosed): $14,889.00
Item XIII: Referee's Exhibits#33, 34 and 35 have already been addressed by a structural
engineer or the general contractors estimates already in this report.
• No estimate needed for this item.
Grand Total of Estimated Remedial Work: $264,143.80
Page 3

I
rF
Referees Report
S E° - 2 2010 a 4
Judge Ginn
842 West King Street, Suite 11 �._.
Boone N.C. 28607
Edwin L. Horst and wife.
Lois D. Herb
Plaintiffs
Verses
Dolph Silvers and
S.W. Silvers d/b/a
Dolph and S.W. Silvers
Construction & Cabinet Shop
Defendants
Reference: Resources
North Carolina Residential Building Code
NFPA-70 National Electrical Code
North Carolina Plumbing Code
North Carolina Mechanical Code
North Carolina Fuel Gas Code
Submitted by: Tommy Burleson
August 26, 2010

y
Table of Contents
Horst & Herb vs. Silvers & Silvers
Referee's Report Pages 1 through 9
Exhibit#1 Water pressure tank in crawlspace
Exhibit#2 Horst& Herb building site/land disturbing activity
Exhibit#3 Hydrostatic pressure (water) problem in crawlspace
Exhibit#4 Insulation crawlspace (moisture) in batts
Exhibit#5 Site; backfill to foundation
Exhibit#6 Parking Area; stream buffer encroachment
Exhibit#7 No foundation drain located
Exhibit#8 Center line piers; violation
Exhibit#9 Bluelinx roof truss layout
Exhibit#10 Engineers letter concerning roof trusses
Exhibit#11 Placement of TO6 roof trusses
Exhibit#12 Floor girder, cantilever action, not bearing to pier
Exhibit#13 Closet door above none bearing pier
Exhibit#14 Wooden bearing plates; not full bearing, per code
Exhibit#15 Wooden bearing plates; not full bearing, per code
Exhibit#16 4-ply girder; not bolted and no "squash blocking"
Exhibit#17 Bluelinx letter of analyses on roof& ceiling trusses
Exhibit#18 Bearing wall offset and no "squash blocking"
Exhibit#19 Bay window cantilever"shims"
Exhibit 420 TO3 roof trusses, cut "altered" in field
Exhibit#21 Balloon framing at deck
Exhibit#22 Deck"walkway" aluminum flashing/violations
Exhibit#23 Deck band attachment"lag bolts"violation
Exhibit 924 Concrete deck"no flashing"violation
Exhibit#25 Plumbing Code violations "lack of strapping"
Exhibit#26 Plumbing Code violations "lack of strapping"
Exhibit#27 Plumbing Code violations "lack of strapping"
Exhibit#28 Plumbing Code violations no cold water or potable
water shutoffs
Exhibit#29 Electrical Code violations; no cover plates, 4/0 OF
cable un-permitted use
Exhibit#30 Electrical service panel & disconnect"not labeled"
Exhibit#31 Electrical violations; cabinet fire proofing voided and
wiring damaged
Exhibit#32 Fuel lines/no lintel over crawlspace door
Exhibit#33 Attic access and roof truss violations
Exhibit#34 Yancey County Inspections History permit#20030043
Exhibit#35 Floor Plan for home (structure)
Exhibit#36 McCurry Heating& Air Inc. affidavit; Mechanical
State Board of Examiners
Exhibit#37 Dolph Silvers,Plumbing license#5958 P-1
affidavit; Plumbing State Board of Examiners

August 26, 2010
C. Phillip Ginn
16 Courthouse
842 W. King Street
Boone,NC 28607
Honorable Judge Ginn:
Re: Horst vs. Silvers,Yancey County, Superior Court File No. 08-CvS-278
I, Tommy Burleson, am submitting this report under Rule 53. "Referee" and base my Endings on
the testimony of the parties involved and on the finding of facts by my personal inspections or
research of North Carolina Law and Federal Law which pertain to this case.
This first and one of the primary violations of which has occurred is the general contractor's
failure to obtain a North Carolina Division of Water Quality 401 Water Quality Certification and
a U.S. Army Corp of Engineers 404 notification and procedures set forth in the Clean Water Act,
33 USC 1344.
The plaintiffs Exhibit#2, contract proposal draft#1 submitted to the Herbs by Dolph and S.W.
Silvers Construction, dated 10-15-03, states in line 2 & 3 of the proposal that S.W. will supervise
excavation, heading up springs and piping water out of the site. Judge Ginn, during the February
22°d sworn statement session; I asked the question to Mr. Silvers why had there not been any
U.S. Army Corp 404 or N.C. Division of Water Quality 401 Notification been applied for? His
response was"if you get those guys involved you'll get nothing done". The failure to properly
permit this site is a"major" cause of the water problems which persist in the crawl space areas.
Again; to make clarification of the North Carolina General Statutes 153A-357 Permits, it is the
general contractor's responsibility to make sure all the applicable permits have been applied for
and issued.
I inspected the Herb &Horst residence on March 19P, 2010 and discovered that the site had
some 300 feet of 36 inch diameter culvert placed in live water. I notified the N.C. Division of
Water Quality and met Chuck Cranford at 410 Bloody Fork Road Yancey County, which
resulted in a"Notice of Violation" dated April 12, 2010. The"Recommendation for
Enforcement"will result in the removal of approximately 150 feet and a Fine or the mitigation
fee of$300.00 plus per foot of impact; estimated impact fee is $40,000 to $60,000 range. This is
only an estimate at 150 feet of stream impact/also, during my March 22nd, 2010 inspection; I
discovered water standing in a low swell at the water pressure tank area about 4 to 5 inches deep.
If home is allowed to stand; then a sump pump will be required to evacuate the water from this
area. The moisture problem still persist in the crawlspace and will most likely need a mechanical
engineers solution or a pre-engineered solution(sealed crawlspace) such as condition area in the
crawlspace. Referee's Exhibit#1 shows the fore-mentioned area at the water pressure tank.

Page 2
Honorable Judge Ginn
Horst vs. Silvers
I feel the hydrostatic pressure(water problem) of the location is caused by the lack of civil
engineering which was not considered before the site was developed. Again, these
characteristics of the site would have been considered if the site had been properly permitted by
the Corp and NCDWQ. Referee's Exhibit No. 2 show portion of site which was disturbed in
order to place 300 feet of culvert in live water(Class C Trout). Referee's Exhibit No. 3 show
hydrostatic pressure forming at the base of the foundation wall in the crawl space. Referee's
Exhibit No. 4 show fiberglass(R-19)insulation which has gotten wet and not been replaced.
Referee's Exhibit#5 shows the foundation being backfilled with out the placement of a
foundation"French" drain per N.C. Residential Code Section 406. Reference Exhibit No. 6
shows parking area built in a Class C Trout Water Buffer; violation of the North Carolina
Division of Water Quality Standards.
The homeowner's (Horst&Herb) have taken measures to remediate the site moisture problem
with the addition of a French drain in a location on the up slope above the home. The contractor
who performed the work, Mr. Kenneth Johnson the remedial site work, stated to me he had
placed a 6" pipe with some 188.92 tons of washed stone(1 '/z") and 47.44 tons of Rip-Rap
Ballast (6"to 9")to construct a French drain to divert the underground water into the 36" culvert
that was not permitted. When I asked Mr. Cranford (NCDWQ)would they need a permit to
place the french drain? Mr. Cranford answered "No"because it was not live "surface water". So
it is my assumption that the placement of the French drain by Mr. Johnson is not a violation and
is in the normal scope of a grading contractor. Again, the outlet of the French drain will be
determined when the U.S. Army Corp and the Division of Water Quality are satisfied with a
remediation plan for the NOV 2010—OP-0220 at 410 Bloody Fork Road, Yancey County, North
Carolina. I was told Mr. Johnson did backfill the concrete block foundation of the home and by
the N.C. Building Code"Residential" and Section R405.2 does require an approved positive
drainage system that should have been installed at the upper side where the backfill was placed.
The referee's exhibit#7 shows placement of back fill to the foundation wall on the upper side of
the home.
The next point of interest of the home would be the structural elements and the placement of the
piers and beams to carry the structural load and/or the load paths. The first thing that I noticed is
that the plans are not sealed by an engineer or architect. The only plan that I have been presented
is the Plaintiff's exhibit 31 of which shows no load paths and only a floor plan. I ask the
question"How was an irregular building constructed without using accepted engineering
practices"? The truss design with the(2)two roof system T into one another and the cathedral
ceiling in the great room with balloon framed windows create additional point loads which need
to be accounted for. The N.C. Residential Building Code requires in Sec. R301.2.2.2.2, Irregular
Buildings are required on structures of this nature to be drawn and sealed by an engineered
design professional to insure that the loads are properly distributed to the girders, beams, LVL's
to the foundation.

L
Page 3
Honorable Judge Ginn
Horst vs. Silvers
A concern is shown on Referee's Exhibit #8; some of the main line beam piers do not bear to the
middle third of the pier footing per N.C. Residential Building Code, Table R403.la and footnote
#3: States all "centers of piers shall bear in the middle one-third of the footing".
The second concern arises with the roof truss system designed by Bluelinx (Engineered Lumber
Georgia-Pacific) has not been installed by the engineers manufacture's installation specification
and Mr. Kintner P.E. letter dated January 12, 2009, is correct and the T1 through T4 trusses do
bear directly on the T6 trusses without structural sheathing or purlin support. Referees Exhibit
#9 show the roof truss layout and Referee's Exhibit#10; Plaintiffs Exhibit#19 of which I
concur with the engineers report, that the framing installation(roof system) does not comply
with the truss design installation and compromises the structural integrity of the roof system.
The third concern (structural); I refer back to my earlier comment that the point loads should
have had an engineered design professional to show how the load paths would be placed onto the
foundation. The Referees Exhibit#11 and Defendant's Exhibit#6 show the placement of two
LAM Beams, of which one appears to be put in place and then the second after a portion of the
T06 type trusses had already been installed. The weight of this roof system bears on 4"x 6"
timber inserted into a bearing wall; the wall is bearing on the floor sheathing and has missed the
floor girder by about 12"to 15" (inches). The floor defection has caused some of the hardwood
flooring to come loose from the sub flooring(OSB). The floor system bearing directly to the
piers is none existing in two areas. Referee's Exhibit#12; I literally can slide out the wood
blocking from the top of these block piers at the"end" walls. There is a cantilever action going
on here that a structural engineer needs to address. Referee's Exhibit 913: the door jam above
the non-bearing piers in the crawlspace. The closet door will not close (off'/2" or more) molding
and sheetrock cracking against this wall and door directly above the"non-bearing" piers.
The next Referee's Exhibits#14 & #15 will show four(4) non-compliant piers with the
(North Carolina Residential Building Code) Section R403 `footings"table R403.Ia, footnotes#3
"Girders must have full bearing on piers".
The structural element of adding the mid-support beam as recommended by Bluelinx Sr. Market
Manager, Horbert Zamor, to the existing in-IR through m-8R would work better if the beam was
properly installed. Referee's Exhibit#16 shows the placement of a 4-ply 2" x 12" built up
girder. Three items catch my eye, full bearing to the block piers; the girder in order for the four
ply (2" x 12")boards to work as one member should be through bolted (minimum of every 32
inches on center, minimum '/z" bolts and also stager the bolt pattern from top to bottom. The 4-
ply girder appears to be twisting under the load. You now have created a bearing point in the
mid-span of the I joist; there is a requirement to use squash-blocks at the bearing points of the
girder and the I joists. The manufactures recommendation would be to place an upright 2"x 4"
the height of the I joist in order to keep the center of the I joist from deflecting. Mr. Zamor still
states in his opinion even with the addition of the two additional beams in the m-1R through m-
8R area are analytically compliant; he still feels personally that they are over-stressed. I am
making the Bluelinx letter the Referee's Exhibit #17.

Page 4
Honorable Judge Ginn
Horst vs. Silvers
I just ask"why was there not an engineered foundation plan with all these irregular point loads?"
Mr. Zamor has some concern about the roof load and how it is carried to the foundation through
the floor system. The Referee's Exhibit#18 is Defendant's Exhibit#8 which show the
relationship of the bearing wall to the girder below and with no squash block installed to help
carry the direct load.
The cantilever bay window has been leveled with wooden wedges. Wood is cellulose and has
the tendency to compress. These wedges should be made of metal and installed to have full
bearing from joist to girder. Referee's Exhibit#19 shows the contractor using wooden wedges to
level cantilever at bay window.
Other structural violations or concerns are the cut engineered trusses in the attic, will need to
have an engineered remedial fix or correction. Referee's Exhibit#20 shows the area where the
T03 roof truss has been altered in order to place a full size attic access door.
The balloon framing at the great room and the deck should have been constructed with full
length structural members (2 x 6 studs). I was able to deflect the wall with the force of my
hands; solid continuous studs should not have deflected so easily. The wind design pressure for
the area is a minimum of 100 mph and a lateral design pressure of 30. The structural engineer
needs to analysis the wall for compliance under the guide lines for maximum allowable heights
in the N.C. Residential Building Code, Section R602 "wood wall framing" and specifically Table
R602.3.1. The Referee's Exhibit#21 and defendant's exhibit#4 show the balloon framed wood
wall at the deck area.
The wood deck has non-compliant issues and wood decks are to be built to be in compliance
with Appendix M"Wood Decks" of the N.C. Residential Building Code. The deck has been
flashed with aluminum flashing and Appendix M, paragraph#2 states"Aluminum flashing may
not be used in conjunction with deck construction." The deck walk-way and deck area has
turned the flashing at an L-angle on top of the deck flooring; this method allows water to migrate
under flashing and onto the rim board (house band). The N.C. Residential Building Code.
Appendix M calls for this attachment to be done by through bolts as determined in Section 4.A
of Appendix M. The contractor has attached the deck band to the rim board (OSB)with lag
screws (bolts have a nut and washer assembly) per N.C. Residential Building Code, Appendix
M, Section 4.1 requires the attachment to be made with a minimum 5/8" hot-dipped galvanized
bolts and washers. Referee's Exhibit#23 shows where the contractor has used lag screws
instead of lag bolts as required by Appendix-M "Wood Decks". The wooden deck will need to
be re-flashed with a galvanized flashing or a material accepted by the N.C. Building Code Board.
Decks will also need to be attached to band with a 5/8" galvanized through-bolt. I have also
submitted Referee's Exhibit#24 which is Defendants Exhibit #3 of which show a concrete slab
which has been poured that shows the concrete in direct contact with the (OSB) rim board of the
home. This construction method will allow the siliceous ingredients in the concrete to
deteriorate the wood fibers of the rim board.

Page 5
Honorable Judge Ginn
Horst vs. Silvers
Overview Site and Structural Deficiencies:
Referees assessment of site and structural remediation. The site must come into compliance with
the U.S.Army Corp and N.0 Division of Water Quality"Notice of Violation" dated April 12,
2012; possibly a civil engineer will need to be contacted or adhere to the remedial scope of work
set forth by the Corp and NCDWQ. The scope of work shall be required to be submitted to these
agencies as a remedial plan to bring it into compliance. The structural deficiencies need to be
under the guidelines of a structural engineer; "design professional" and the scope of work and
remedial plan bear his order design professional seal. The Yancey County Building Inspections
Department will need to reissue a building permit as the scope of work will exceed $5000 dollars
and all alterations , repairs and rehabilitations are required to be permitted by the local authority
having jurisdiction per N.C.G.S. 160A-417 "permits".
Mechanical, Plumbing and Electrical deficiencies discover during the March 19, 2010
inspections are as follows:
Plumbing Violations:
➢ Plumbing drain lines are required to be strapped"supports" per N.C. Plumbing Code, sec.
308, Table 308.5 "hanger spacing" of which requires PVC drain line to be spaced at a
maximum horizontal distance of(4)four feet apart. Referee's Exhibit 25, 26 and 27
shows areas in crawl space where.the PVC sewer lines are not properly supported.
➢ Referee's Exhibit#28 shows the water heater does not have a cut-off valve on the cold
water supply side, Per N.C. Plumbing Code Section 503.1 "Cold Water Line
Valve" near the equipment and/or water heater. Also, shown in this exhibit is the
lack of support"hangers" on both the water supply lines and the sewer drain lines.
➢ The other required shut-off is the water supply shut-off located within five feet of a crawl
space access door. I have not located this required shut-off valve.
Electrical Violations:
➢ Referee's Exhibit#29 shows that underground (UF) quad plex has been ran from the
electrical service panel located in the utility room. The Electrical Code;NFPA-70
addresses the requirement for OF Cable in Article 340;and under sec. 340.12"uses not
permitted" OF Cable and in paragraph(1) it cannot be used as a service entrance cable.
In other words,the OF Cable you see just hanging there is required to be put in conduit
properly supported (hangers) in order to be used as a service entrance cable. The reason
being OF Cable has no protective sheathing and therefore would be required to be in
conduit.

t.
Page 6
Honorable Judge Ginn
Horst vs. Silvers
➢ Referee's Exhibit#30 shows that the meter base/disconnect combination does not have
the main labeled or the breaker below properly labeled. Also, the main service panel has
some of the circuits labeled (breakers) but not all the circuit breakers have been labeled to
identify what they are serving and/or where they are serving. Per NFPA-70, Article
200.10 "Identification of Terminals".
➢ Referee's Exhibit#31 shows a two inch knock-out which has been removed and a piece
of#12 romex run through it; #12 romex only needs a '/z(one-half) inch hole and a romex
connector to protect the wire from damage and seal the box to help keep a chimney effect
if a fire starts in the panel box which has a high potential due to the fact of the main
electrical termination in the service panel. There needs to be a 2(two)inch knock-out
cover placed over the opening and the romex properly installed into the panel box.
NFPA-70 Article 300.4 (B) (1)"Non-metallic— sheathed cable" shall be protected by a
listed bushing or grommet.
➢ The lower picture shows the romex wiring being stapled to the floor joist. It appears that
the electrician has stapled the fastener down so hard that it has damaged the wire. It takes
a light touch when placing support for the branch circuit wiring. If the wire is
compressed by the staple, then it creates a damaged area which will impede the flow of
electrons to the point of service of the branch circuit. This is not a good situation; it
increases the potential of fire and/or short circuiting of the branch circuit. NFPA-70
Article 110 "Requirements for Electrical Installation".
Mechanical Violations:
➢ Mechanical, Heating and Air has been removed and waiting on resolution of the other
problems and violations which exist.
Other Miscellaneous Violations (reference Exhibit#32&Exhibit#33)
➢ Heating fuel lines not sleeved through foundation wall
➢ No lintel or header over crawlspace door has two floor joists bearing on the sole plate.
➢ Attic access opening does not meet the minimum requirement of 20" X 30" opening per
N.C. Residential Code, Sec. R807, Attic Access.
➢ This picture show that only a portion of the purlins were installed between the roof
trusses;this is not installed to the manufacturer's installation requirements.

L
Page 7
Honorable Judge Ginn
Horst vs. Silvers
Judge Ginn, I'm sorry but I have not listed every violation that I have found, but now is time for
closure on my part. Again, I state if this home is allowed to stand and remain; a residential
renovation involving all the structural issues, electrical, plumbing and mechanical installation
will require the issuance of a Yancey County Building Permit.
➢ Referee's Exhibit#34: (Defendant's Exhibit#2) Yancey County building Inspection
Department, Permit#20030343 "Inspection History" shows six(6) inspections and
they're all complied. The re-issuance of this permit will give the Yancey County
Building Inspection Department a second chance to redeem their ability to catch
and/or violate building code compliance issues.
Judge Ginn, the issue comes down to the North Carolina Real Estate Disclosure Laws, will this
home be worth saving once the site is brought into compliance with the U.S. Army Corp of
Engineers and the N.C. Division of Water Quality regulations; that is one cost factor. The
second cost factor is fixing all the structural issues and re-installing a heating and air system to
code and bring the electrical and plumbing systems to code.
Judge Ginn, when you go out and get contractors and engineers cost to remediate this home that
will also be a significant dollar amount in order to bring the structure and system into
compliance.
➢ Referee's Exhibit#35 and Plaintiff's Exhibit#31: Floor Plan used to build home; it
was a hand sketch, no foundation plan, no load bearing paths, definitely not an
engineered drawing.
➢ There will need to be a structural engineer employed in order to bring the load path
and bearing issues into compliance.
➢ N.C. State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors;
Raleigh N.C. "Document" dated May 11, 2010, Complaint Status for Benny McCurry,
Mechanical License Number 19145H-3-I, Referee's Exhibit#36.
➢ Failed to carry out adequate installation and system design.
➢ Failed to size equipment properly.
➢ Violated the minimum standard of the N.C. Mechanical Code.
On Page 2 bullet#7,Mr. McCurry has paid the general contractor's attorney $8,963.00 of which
is to be held in escrow to be paid to the homeowners(Horst&Herb). These funds are there to
assist the general contractor in bringing the home into compliance.
The North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinkler
Contractors"Document" dated May 26, Dolph Silvers (plumbing) license number 5957 P-I.

Page 8
Honorable Judge Ginn
Horst vs. Silvers
The Resolution Committee found the following"findings of fact" per the Herb
Complaint....Referee's Exhibit#37.
➢ Failed to obtain permit(s) prior to commencing work
➢ Failed to request inspections within 10 days of substantial completion of work
➢ Failed to provide adequate supervision
➢ Violated the minimum standards of the N.C. State Plumbing Code
➢ Allowed the use of license by unlicensed persons by paying an unlicensed person
in cash for this installation without withholding taxes.
➢ Engaged in business under and different name or style of business than
➢ appears on his license
➢ Created risk of personal injury by improper installation and design
On page#2, bullet#2, ask for resolution to these violations in 120 days but hits resolution should
only be honored if the structure is allowed to remain and is permitted for remediation and/or
renovations to the structural faults and also the U.S. Avery Corp 404 and North Carolina
Division of Water Quality 401 Certifications are complied with.
➢ Ms. Herb asked me to look at the crawlspace one more time and make note of any
moisture observed during this August 19, 2010 inspection. I observed that the floor
insulation(fiberglass batts-R-18)was soaking wet and that a 1/8"to 1/2" of water was
standing on top of the plastic moisture barrier located on the crawl-space floor. The m
➢ Moisture problem persists in the crawlspace; the fans and humidistats have never been
installed per the preliminary mediation settlement agreement, page#2"Crawlspace) dated
28'h day of August, 2007. Again, insulation that has gotten wet shall be removed by the
manufacturer's specifications. This situation has great potential for mold to grow in the
insulation and on the wood framing members. The moisture problem in the crawlspace is
severe and needs a dehumidifier(s) or a mechanical engineered fix to solve the problem.
Also, observed that certain items mentioned in the contract that were not installed or.
provided; example the handicap ramp in garage, handicap toilets and other miscellaneous
item in the contract of which were not provided. These items are not building code issues
and really don't apply to any life safety problems.
➢ Referee's Exhibit#38: North Carolina Department of Environment and Natural
Resources Division of Water Quality "Notice of Violation and Recommendation for
Enforcement".
- NOV-2010-op-0020
➢ Referee's Exhibit#39: David Etheridge, P.A. (Defendant's Attorney)response letter to
Mr. Chuck Cranford, N.C. Division of Water Quality and Mr. John Hennesy, Wetland
and Storm Water Branch,NPS Assistance and Compliance Oversight Unit.

r "
Page 9
Honorable Judge Ginn
Horst vs. Silvers
Again, the remediation will have two major cost components, site and structure. With the North
Carolina Real Estate Disclosure Laws; will the home ever reach a reasonable value for the owner
and/or future owners? Judge Ginn that is where you come in; will all the cost factors make this a
structure worth saving? I hope I have been of some help in this matter, good luck and may God
direct your decision.
High Regards,
Tommy Burleson
Certified Building Code Official
TB/pg

Referee's Exhibit No. 1
Water Pressure Tank
The water pressure tank is located in crawl space area;
March 22nd inspection I discovered that the low portion
of the inverted earthen swell had some 4 to 5 inches of
standing water at that location. Sump pump will need to
be placed at this location to keep the standing water
from being a potential moisture problem in the crawl space.
h
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Referee's Exhibit No. 2
Defendant's Exhibit No.1
Shows the a portion of area of which had to be
disturbed in order to place the 300 feet of culvert

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Shows areas in the crawl space were the insulation
has gotten wet and not been replaced. Manufactor's
recommendation is to replace any fiber glass insulation
of has become damp or moist.
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Referee's Exhibit No.5
Foundation wall being bacicfilled and no foundation
drain being placed as being required by North Carolina
Residential Building Code Section R406 .

Referee's Exhibit No.6
Parking area built in 25 foot stream buffer: This is a North Carolina
Division of Water Quality violation. The placement of fill dirt and
construction of a parking area in a class c trout waters. Should and
could of been avoided if the site had been properly permitted by the
US Army Corp and NCDWQ.
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Referees Exhibits # 7
This picture's shows the placement of backfill to the foundation wall,
N.C. Building Code would require that a underground drainage system
be placed at the base of the foundation per N.C. Residential Building
Code R 405.2. When I inspected the Herb/Horst home on March 19th
there was no evidence that a foundation drain was installed.
. . is . ...
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Referees Exhibit # 8
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Two of the main centerline piers do not appear to be bearing in the
middle third of the footing per table R403.1a of forth Carolina IRC
Foot note # 3 : picture supplied by plaintiff.
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Referee's Exhibit # 9
Bluelinx roof truss layout® Trusses T1 through T4 bear directly on to
the T6 trusses. Sheathing or purlins used for structural support per
engineered specifications.
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January 12,2Uc,_ s�ooloa bOt t®s°fodoed l ohoa
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Edwin L. Horst °° All sope0ph a'4c'that ch t
e athLois D. Herb o lt °th c sow o Tl
410 Bloody Fork Road h the ob�djtl®�°V tho
Burnsville,NC 28714 e°lhccre�q�°ca's�
Dear Mr.Horst and Mrs. Herb, t
This letter pertains to a set of truss drawings that I reviewed that bear the companyn
Automated Building Systems in Johnson City
� out ame
fifteen truss drawings is 42245. The ovOverall ' The proect number shown on the
drawing title or border but appears to reference etthe attacheltruss���s not have a
be the plan for your home at 410 Bloody Fork Road. g and appears to
The individual truss plans clearly call for purlin bracing or structural wood
attached to the top chords. As I stated in previous letters to you,I have observed that the
top chord bracing has been omitted. More s
bracing has been omitted from some of the Tp6 crfically,I observed previously that the
trusses bear on top of the T6 truss. This is clearly vrtrusses
ble above
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ceiling from the attic access. Y great room cathedral
Without this bracing,the framing installation does not comply with the truss design and
likely compromises the structural integrity of the finmin
the original framing crew members were unaware of the requirement,system. It is pe opinion that
T6 truss drawing bracing notes or lacked the me° welled out in the
truss system experience to interpret them. The strength
Y gains by sheathing and gaining the"box,,effect is a 1h a
truss designers and would not normally get overlooked by e specially imp®rtant to
If you have any questions about this opinion, experienced
installers/f umers,
number listed below. please do not hesitate to contact me at tltq
Sincerely yours,
Brian E. Ki Wer,PE -
Asheville Engineering and Controls,P.O.Box 287,Asheville,Ne 28802 [phone]
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Referee's Exhibit # 12
This exhibit shows I literally slid the wood bearing plates from the top
of this block pier. There is a cantilever action going on here that a
structural engineer needs to address. I can slide the wood plates from
out of both end piers at this end of the home. There is no direct bearing
weight on these end piers.
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Referee's Exhibit #13
This exhibit shows the closet door and the wall section directly above
the none bearing piers. The sheetrock and molding is cracking, the
closet door want close by at least a half(1/2) inch over lap.

Referee's Exhibit #14
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The wooden bearing plates on top of block piers do not comply with
North Carolina International Residential Code section R403, Table
403.1a footnote #3, "Girders must have full bearing on piers".
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Referee's Exhibit #15
The wooden bearing plates on top of block piers do not comply with
North Carolina International Residential Code section R403, Table
j 403aa footnote #3, "Girders must have full bearing on piers".
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Referee's Exhibit #16
Picture show the end of the 4-ply girder and/or built up beam;
It appears to be twisting because it is not properly bolted and the
squash blocks have not been installed at all the I-joist and girder
intersections. Full bearing on the piers would be nice also.
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Edwin L Forst Referee's Exhibit #17
Lois D Herb
410 Bloody Fork Roar
Burnsville,NC 28714 Bluelinx letter of analyses shows concern about the roof and ceiling.
load being placed on his floor system.
Dear,Edwin and Lois
This letter is in response to my visit and review of the floor joists in your home at 410
Bloody Fork Road Burnsville,North Carolina.This review was conducted after the home
was completed and with out the aid of a set of plans or drawings of the home.
The joists in question are Georgia-Pacific CiP140— 11-7/r tall I Joists and were used in a
multiple span.configuration spaced 16'on center. Included along with this letter is a
series of engineering analysis.
The engineering analysis is compiled in two groups.The first group shown as Mark#m-
- f 1 through Mark#m-8 represents the I-Joists as they are performing with the floor loads
and extra dead loads added to them.What the engineering analysis reveals is that in
several areas the I joist are%tweM &,"
The second set of engineering analysis show the changes and additions that need to be
completed to bring the I-Joists back into compliance.
It is my recommendation that two additional beams be added in the crawl space below
the 1-Joists at the mid point of the front and back spans running perpendicular to the i-
Joists.The effect of these additional beams is to reduce the overall span of the I Joists
from near twenty feet to under tear feet.
The performance of the I-Joists after the addition of the two beams below are shown in
engineering analysis Mark#m-1R through Mark#m 8 R.These analysis show that all
the areas are with in compliance except Mark#m-BR which in my opinion remains over
stressed. r emu.
The reason I believe tbat this area remains over stressed is the way the vaulted roof
trusses are supported in the ceiling.I am unable to analysis the LVL in the ceiling
because they are from a manufacture other than Georgia-Pacific.If my belief is true and
the LVL in the ceiling are insufficient to support the roof and ceiling loads transferred to
them.They must be transfwmg loads from the LVL in the ceiling and to the wall and
bearing points below them.The end result is the loads are passed to the floor and I-Joists
supporting the walls.
I�h�avveQ be
the umnsfer of loads to.the
�,��I-Joists and recopy unern'�d_dud additional LVL
beams e C' ��i Y / �LZII� he ails andbearing points
below.This is shown in engineering analysis Mark#m-8R 11 and Mark#m 8R 2.

In conclusion I have analyses the GPI40-11-7/8 joists only and developed loads with the
information provided.Please review all Wginwing analysis and the loads used in the
analysis.If you have any eaoncems,questions are,WMond inform H ion please contact
me for additional analysis.
Sincerely
Norbert Zamor
Sr.market Mamer
Engineered]Lumber Products
Referee's Exhibit #17
Bluelinx letter of analyses shows concern about the roof and ceiling
load being placed on his floor system.

Referee's Exhibit #18
Pictures shows bearing wall offset to girder and "no" squash blocks
installed to help support direct load.
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Referee's Exhibit #19
Bay window cantilever being leveled up with wooden wedges; I would
recommend using a full bearing metal shim at these load points.
1 _
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Referee's Exhibit #20
Picture show the T03 Roof Truss which has been cut to make room
for the installation of a attic access door. Requires a engineers sealed
remedial correction, as a engineered truss it can only be fix under an
engineers direction and sealed drawing or scope of work.

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Referee's Exhibit # -21
Defendant's Exhibit # 4
.. The balloon framing at the deck area should be constructed to NC IRC
Sec. R602 "Wood Wall Framing" and comply with table R602.3.1,if
continues 2x6's are used. Again, a structural engineer needs to
determine if the balloon framed wall is in compliance with the fore
mentioned code section.

Referee's Exhibit # 22
These pictures shows the wood deck "walkway" and my green pen is
= placed under the "aluminum" flashing and on top of the deck flooring.
This void allows the water to run underneath the flashing and on to the
outer band and the rim board. This method would allow the band and
rim board to rot in 8 to 10 years or maybe less. These Items are not in
compliance with the NC IRC Appendix M "wood decks".
f I
11 x,
I'
y<

I
Referee's Exhibit # 23
These pictures show the placement of lag screws to hold the deck band
to the rim board of the home. The NC IRC Appendix M requires this
attachment to be made with 5/8 " hot dipped galvanized through bolts
with washers, Also cannot see any 12d galvanized nails at 8" on center
per sec. 4.A
r
I
t
x k
S I1Ij
p

x.
Referee's Exhibit #24
f'
Defendant's 1 ■
ich has been poured and
This picture shows a concrete deck slab wh
flashingi the two materia
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Referee's Exhibit # 25
I �
Sewer Pipe Support
The sewer pipes are not supported
1 at 4 foot intervals as required by
the N.C. Plumbing Code
I
II

Referee's Exhibit # 26
Sewer Line Support
This pictures also shows the lack
of proper support at 4 foot
intervals
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I

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i
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1 1 1 1 1 1 1 I 1 1
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r�9'n1°InnwnF?n� R.•rtRlrnnnm Ipti...ee.�.Y..oY.Y.....Y.t ■t..R.o

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Referee's Exhibit # 28
There are two (2) required water shutoff valves
per the N.C. plumbing code; One within 5 feet
of the crawl space door for the water supply
cut off and the second one at the water heater
as the cold water side shutoff valve. Neither
has been installed.
z

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i
Referee's Exhibit # 29
OF Cable (quad plex) not ran in conduit and
not properly supported in crawl space.
NFPA-70 Article 340.12 "uses not permitted"
OF Cable
Picture above denotes one of several
electrical device boxes in the crawl space area of
which does not have a protect cover, per NFPA-70
Article 210 "Branch Circuits" receptacles/outlets
-_.-_ '_ . ::r ,) �• 'r y-.'� �r ( tit
Oor
r
ff
hI

Referee's Exhibit # 30
Electrical Service and Disconnect not Labeled
The meterbase/disconnect and electrical service panel have not labeled
to identify the Main Breaker or the breakers for the branch circuits in
either of the two panel enclosures (boxes), per NFPA-70 Article 200.10
"Identification of Terminals"
-
i
e
i
. ok

Referee's Exhibit #31
Electrical Main Panel box has had 2 inch knockout removed and has
voided the metal cabinet seal at the top of the panel box. The 2 inch
hole creates a chimney effect; if a fire starts in the panel box it has no
chance of smothering it's self out, adds a draft and oxygen to fire
thus reducing the time for the emergency (Fire Dept.) responders to be
able to respond and also reduces the time for the individuals to evacuate
the structure. NFPA-70 Article 30064 (B) (1) non-metallic sheathed
cable shall be protected by a listed bushing or grommet.
� - -..:., _.•-.. ,a,.^M+w-.=M'wm3C7a 7aeN2`,1i� - .
MW
i
i 1
' 4 k
Wires damaged during installation
LB
w4i.
� 4

Referee's Exhibit #32
Top pictures shows the fuel lines coming through a block wall with out
being sleeved or having a relieving arch, Mechanical General Pipe
Regulation, pipes through or under foundation walls or footers.
Bottom picture shows two floor joist bearing only on the foundation
sole plate. A lintel or header should have been installed to carry the
dead weight and live weight load of that portion of the floor system.
I
taw

Referee's Exhibit #33
Top picture attic access opening measures to be 17 inches by 22 inches.
This does not meet the minimum requirements of 20" by 30" opening
per the N.C. (IRC) International Residential Code, Sec. R807 :
Attic Access.
Bottom picture shows some of the metal purlins have been installed
but one section has not been installed.
- � I
r

YANCEY CO.BLDG INSP DEPT.
121 OAK CREST ROAD
BURNSVILLE, NC 28714
[phone]
INSPECTION HISTORY FOR
PERMIT 20030343 B
ISSUED 1/27/2004 Referee's Exhibit # 34
NAME HERB ED & LOIS Defendant's Exhibit # 2
911 ADDRESS 328 BLOODY FORK ROAD
MAIL ADDRESS
CITY, ST ZIP BURNSVILLE NC 28714
6 (six) inspections and
LAND OWNER All Complied?
PARCEL ID p
LC .TION
CANE RIVER, FOLLOW MAIN RD TO CHURCH ON RT, SIGN SAYS BLOODY FORK TAKE ROAD, CC
NSTRUCTION SIGH IS ON RIGHT.
TYPE OF INSPECTION DATE INSP INSPECTOR C/V/II
-- -----------------------------------------------------------------------------
OTING 4/07/2004 TOMMY ROBERTSON C
UNDERSLAB 4/28/2004 TOMMY ROBERTSON C
ROUGH IN FOR ALL TRADES 7/19/2004 TOMMY ROBERTSON C
INSULATION 7/29/2004 TOMMY ROBERTSON C
THROWOVER 12/07/2004 JOHN MURPHY C
FINAL INSPECTION 5/16/2005 TOMMY ROBERTSON C
224 DEFENDANTS
EXHIBIT

r• `
Cl
tj
— L to-pa
/ y
--H77-
i
T I k�
- - _ ,
Referee's
Plaintiffs:
-- - - - -- - �,� —: - Floor Pla
_•_ --- - - -- No found
- - -- - Irregular
Structur
Systems!
Not seal
Design
o Ir

BOARD MEMBERS OFFICERS
J.N.ROYAL H.VTHING HF4T
H.J.SUMMEY,JR o4e`�""">• '~c� J.SU11��Y,JR. Chairman��g R.M BOONE, Vice Chairnian
R.M BOONE _ P.K SELBY SecretarvTreanirer
S.K.I ENSLEY
P.K.SELBY o 4 EXECUTIVE OFFICE
W.T.TUCKER °da° o�� 1109 DRESSER COURT
W.H.EUBANKS ��1b1S"SNOly� RALEIGH.N.C. 27609
OFFICE PHONE No.: 919/975-3612
FAX No.: 919/875-3616
%vmv.nclicensing.org
State Board of Examiners of Plumbing, Heating
& Fire Sprinkler Contractors
Raleigh,N.C.
May 11,2010
Lois D. Herb
410 Bloody Fork Road
Burnsville NC 28714
Re: Complaint Status for Mr. Benny McCurry
Dear Ms.Herb,
This letter is to notify you that Mr. McCurrry's license, number 19145 was placed on probation from May 11,
2010 to May 11, 2011. Please notify us if you have any further questions.
The address and telephone number for the Board appears on this letter.
Smcerely,
J�am-
Sharon Pittman
Legal Coordinator
SRP/dws '
Referee's Exhibit #36
State Board of Examiners
Benny McCurry's Lic. # 19145
Heating and Air Resolution

WGINAL
STATE OF NORTH CAROLINA RESOLUTION
CONFERENCE
PROPOSED
COUNTY OF WAKE RESOLUTION
AGREEMENT
AFFIDAVIT OF
Benny Lee McCurry
I, Benny Lee McCurry,being first duly sworn state the following:
I acknowledge I presently hold license number 19145 H-3-I listed with the
Board as McCurry Heating & Air, Inc. I acknowledge that I own and
operate McCurry Heating&Air, Inc.
I acknowledge that on or about March 29, 2010, I attended a Resolution
Conference with the State Board of Examiners of Plumbing, Heating & Fire
Sprinkler Contractors, in reference to complaint file number(s): 2009-603. I
acknowledge that at the completion of the conference, the Resolution
Committee found the following findings of facts for the complaint files(s)
listed above:
• Failed to carry out adequate installation and system design,
• Failed to size equipment properly,
• Violated the minimum standard of the North Carolina State Mechanical
Code,
Based on the above finding of facts, I agree to the following Review
Conference Proposed Resolution Agreement:
That my license, number 19145 H-34, and that of the firm shall be placed on
supervised probation for a period of twelve (12) months, beginning after
approval by the Board, subject to the following conditions:
1 Initial:

lot17 D NAB
• shall enroll in and attend the Special Board Laws & Rules course
presented by the Board prior to the end of the probation. The Board's
staff will notify the licensee of the date and location of the approved
course. The licensee shall be required to bring with them the most
current edition of the Board's Laws an Rules book when they attend
this class;
• perform a room by room load calculation on all jobs where gas
furnaces, heat pumps, air handlers or condensing units are installed
and maintain a copy of all load calculations in job files;
• perform a whole house load calculation on all jobs where gas
furnaces, heat pumps, air handlers or condensing units are replaced
and maintain a copy of all load calculations in job files;
• licensee agrees that his/her record and the records of the company
shall be available for review by the Board's staff any time during
normal working hours;
• present evidence to the Board that you have purchased Title 21,
Chapter 50 of the North Carolina Administrative Code (Board laws &
rules), the 2009 North Carolina Mechanical Code, the 2009 North
Carolina Administrative & Enforcement Code, the 2009 North
Carolina Energy Code and the 2009 North Carolina Fuel Gas Code;
• assure that all employees who perform work under your license shall
either hold an active heating license or are bona fide employees where
taxes are withheld;
• Of the $8,963.00 I paid in restitution to the attorney for the general
contractor(that is held in escrow to be paid to the homeowner), I will
hold no claim to this money at the completion of the legal proceeding,
• assure that all permits are obtained prior to commencing work for all
jobs that require a license from the Board and maintain a copy of all
permits in job files for jobs contracted or installed;
• assure that a request for all inspections are made within ten (10) days
of substantial completion of all phases of work;
• assure that all failed inspections shall have the code violations
corrected and a request for re-inspection shall be made within five (5)
days of all failed inspections;
• assure that all jobs pass the first inspection at least 80% of the time;
• maintain written contracts on all installations that require a license,
which contracts shall be signed by both the licensee and the
homeowner and/or general contractor prior to commencing work and
2 Initial: RIA

* ' • ORIGINAL
maintain a copy of all, contracts in job files for jobs contracted or
installed;
• that all changes in contracts shall be documented through written
change orders signed by both the licensee and the homeowner and/or
general contractor prior to commencing the agreed changes;
• maintain a service log of all contracts and service calls listing date of
initial call, homeowner names,job address, date of first response and
reason for service;
• maintain job files of contracts made and installations performed;
• during the period of probation the licensee shall submit quarterly
reports to the Board's office (1109 Dresser Ct., Raleigh, NC 27609)
documenting his compliance with the provisions of this probation
order,
• that the licensee shall personally and thoroughly review all phases of
work to assure that all installations meet or exceed. the minimum
standard of the North Carolina State Code prior to all inspection
requests;
• commit no further violation of Article 2, Chapter 87 or Rules of the
Board with regard to any qualification administered by the Board.
I understand.that if I violate the conditions of probation, my license will be
suspended for a period of six (6) months, with the requirement that prior to
the suspended license being reinstated I agree to comply with all of the
probation provisions listed above.
I acknowledge that the facts set out above are true and of my own
knowledge. I enter into this Review Conference Proposed Resolution
Agreement finely and voluntarily with a full understanding of my alternate
right to a hearing before a quorum of the Board. If I choose to request a
hearing before the Board I understand I must notify the Board of my request
in writing within 30 days of the date of this agreement. I understand if I
request a hearing,then the Board will consider the matter all over again, and
the statements made or results of this conference with the Review
Committee will not be known to or considered by the Board. The members
of the Review Committee would not participate in such a hearing as a panel
member. I understand that if I do not contact the Board within 30 days from
today and make my objection known, this Review Conference Proposed
3 _ . Initial:

ORIGINAL
Resolution Agreement will be presented to a quorum of the Board for
adoption as a fmnal agency decision. I understand that i will be told of the
Board action. The terms set out above are not final until approved by the
Board. In the event of a change of circumstance or additional complaints,
the proposed agreement may not be presented to the Board. I understand if I
wish to objection to this agreement that I will need to forward my written
objection to:
State Board of Examiners
Attn: Legal Coordinator
1109 Dresser Ct.
Raleigh,NC 27609
The undersigned states that the facts given herein are true and of my own
knowledge.
Date J^.29'^ra (N Iry
la
Sworn to and subscribed before me this CCy� `
29th day of March,2010. �'��4�►i/r, ��,t`'�t%iNN�•
Witness my official hand and seal.
Notary Public
Dale L.Dawson
MY eommission expires July 20,2013.
4 � :

BOARD MEMBERS NE4
µBING,V OFFICERS
T J.N.ROYAL °Fc� ��o� H.J.SUMMEY,JR. Chairman
H.J. SUMMEY,JR. R.M.BOONE vice Chairman
R.M.BOONE _ P9 P.K.SELBY Secretary Treasurer
S.K.HENSLEY Z
P.K.SELBY o �� E '+CUTIVE OFFICE
W.T.TUCKER �
°a�1'�a,..,., 1109 DRESSER COURT
W.H.EUBANKS
bls sk8l RALEIGH,N.C. 27609
OFFICE PHONE No.: 919/875-3612
FAX No.: 919/875-3616
www.nclicensing.org
State Board of Examiners of Plumbing, Heating
& Fire Sprinkler Contractors
Raleigh,N.C.
May 26, 2010
TO: Lois Herb
Y
RE: Dolph Silvers — License Number: 05957
Enclosed please find your copy of the BOARD'S Resolution Agreement in the
matter of the above referenced licensee.
Sincerely,
i4mv, A"
Sharon
Legal Coordinator
Enclosure Referee's Exhibit #37
State Board of Examiners
Dolph Silvers Lic. # 5957 P-I
Plumbing Systems Resolution

1j1.i
� ORIGINAL' .
RESOLUTION
STATE OF NORTH CAROLINA CONFERENCE
PROPOSED
' COUNTY OF WAKE RESOLUTION
AGREEMENT
AFFIDAVIT OF
Dolph Silvers
I, Dolph Silvers, being first duly sworn state the following:
I acknowledge I presently hold license number 5957 P-I listed with the
Board as Dolph Silvers. I acknowledge that I own and operate Dolph & S.
W. Silvers Construction.
I acknowledge that on or about. March 29, 2010, I attended a Resolution
Heatin & Fire
Conference with the State Board o to complaint iners of file unubmber(s): 2009-1225.
Sprinkler Contractors, in reference complaintt
I acknowledge that at the completion of the conference, the Resolution
Committee found the following findings of facts for the complaint files(s)
listed above:
• Failed to obtain permit(s) prior to commencing work,'
• Failed to request inspections within 10 days of substantial completion of
work,
Failed to provide adequate supervision,
• Violated the minimum standard of the North Carolina State Plumbing
Code,
Allowed the use of license by unlicensed persons by paying an unlicensed
sh for this installation without withholding taxes,
person in ca
• Engaged in business under a different name or style of business than
appears on his license,
• Created risk of personal injury by improper installation and design,
Based on the above finding of facts, I agree to the following Review
Conference Proposed Resolution Agreement:
That my license, number 5957 P-I, and the license of the firm be suspended
for a period of ninety (90) days , beginning when this agreement is approved r
1 Initial:

ORIGINAL
by
the Board. I further understand that the license will be restored at the end
of the suspension, provided that:
that during the suspension the licensee shall perform ono work
that
requires a license, except as a bona-fide employee of Pr
erly
licensed contractor;
payment of all current and past renewal fees,
• all continuing education credit hours are current;
® Commit no further violation of Article 2, Chapter 87 or Rules of the
Board with regard to any qualification administered by the Board.
I agree that my license,
Upon successful completion nff the fum the e shall be placed on supervised
number 5957 P-I, and, that
probation for a period of eighteen (18) months, beginning after approval by
the Board, subject to the following conditions:
21
present evidence to the Board that you have p ode ase(Board Title &
Chapter 50 of the North Carolina Plumbing 1ve Code, the 2009 North
rules), the 2009 North Carolina
the 2009 North
Carolina Administrative & Enforcement
Code,
Fuel Gas Code;
Carolina Energy Code and the 2009 North Carol
that I will allow the homeowner to hire, at my own expense, a
licensed plumbing contractor, which contractor shall obtinstalation and obtai permit,
correct any and all code violations201 a syfrom lwhen this order is
final inspection within the next 1 y
approved,
shall enroll in and attend the Special Board Laws & Rules course
presented by the Board prior to the end of the probation.the a The Boo e'd
staff will notify the licensee of the date and location P
course. The licensee shall be required to bring o When hem theattend most
current edition of the Boards Laws an Rules bo
this class;
• assure that all permits are obtained prior to commencing
a rk for all of all
jobs that require a license from the Board and maintaincopy
permits in job files for jobs contracted
s are made within ten (10) days
o assure that a request for all inspection
of substantial completion of all phases
of ha work;ave the code violations
• assure that all failed inspections
corrected and a request for re-inspection shall be made within five (5)
2 Initial: S

._..-
ORIGINAL
days of all failed inspections;
• assure that all jobs pass the first inspection at least 80% of the time;
• maintain written contracts on all installations that require a license,
which contracts shall be signed by both the licensee and the
homeowner and/or general contractor prior to commencing work and
maintain a copy of all contracts in job files for jobs contracted or
installed;
• that all changes in contracts shall be documented through written
change orders signed by both the licensee and the homeowner and/or
general contractor prior to commencing the agreed changes;
• maintain a service log of all contracts and service calls listing date of
initial call, homeowner names, job address, date of first response and
reason for service;
• maintain job files of contracts made and installations performed;
• during the period of probation the licensee shall submit quarterly
reports to the Board's office (1109 Dresser Ct., Raleigh, NC 27609)
documenting his compliance with the provisions of this probation
order;
• that the licensee shall personally and thoroughly review all phases of
work to assure that all installations meet or exceed the minimum
standard of the North Carolina State Code prior to all inspection
requests;
• assure that you license has been listed with the Board in the name that
you currently operate your business. You agree to do this within the
next sixty (60) business days from today;
• assure that all employees who perform work under your license shall
either hold an active plumbing license or are bona fide employees
where taxes are withheld;
• Commit no further violation of Article 2, Chapter 87 or Rules of the
Board with regard to any qualification administered by the Board.
I understand that if I violate the conditions of probation, my license will be
suspended for a period of nine (9) months, with the requirement that prior to
the suspended license being reinstated I agree to comply with -all of the
probation provisions listed above.
I acknowledge that the facts set out above are true and of my own
knowledge. I enter into this Review Conference Proposed Resolution
Agreement freely and voluntarily with a full understanding of my alternate
3 Initial..

t ORIGINAL
right to a hearing before a quorum of the Board.
If I hearing before the Board I understand I must notify he Boat d ofmy request
to request a
in writing within 30 days of the date of this agreement. I understand
request a hearing, then the Board will consider the matter all over again, of I
the statements made or results of this conference with t g nd
Committee will not be known to or considered by the Board. The he
Review
of the Review Committee would not participate in such a hearingmembers
member. I understand that if I do not contact the Board within 30 dayss a panel
today and make my objection known, this Review Conference Proposed
from
Resolution Agreement will be presented to a quorum of the r°posed
adoption as a final agency decision. I understand that I will be to Board for
Board action. The terms set out above are not final until approved ld of the
Board. In the event of a change of circumstance or additiol m by the
the proposed agreement may not be presented to the Board. I understand
it I
wish to objection to this agreement that I will need to forward
written
if I
objection to: my written
State Board of Examiners
Attn: Legal Coordinator
1109 Dresser Ct.
Raleigh, NC 27609
The undersigned states that the facts given herein are true and
of my own
knowledge.
X
`` �?y X/��i''v'
Date ��� Y v
motey Pt4 blip
Sworn to and subscribed before me this p z �~
29th day of March, 2010. ! •`
Witness offic� and seal. ����,i A'AKB�0`e`��
Dale L. Dawson Notary public
My commission expires July 20, 2013. i
NCDL#
i
DOB—
Expires—
4 Initial:

DAVID K. ETHERIDGE, P.A.
ATTORNEY AT LAW
9 EAST MAIN STREET, SUITE 100
P.O. BOX 775Or
f - 5 2010
BURNSVILLE, NORTH CARAROLINA 28714 A 1\/
www.etheridgelawfirm.corn - -^
\ .ATFR tIJFLITY SECTION
N
cF.G!i;Cjp`LO_FFICE
Email:[e-mail] e L-_._"-r... L`_TECCPH6NE (828) 682.611Z
Also Admitted in Florida FAX [phone]Uib
April 30, 2010
Mr. Chuck Cranford
Division of Water Quality
2090 US HWY 70
Swannanoa,NC 28778
Mr. John Hennessy
Wetlands and Stormwater Branch
NPS Assistance and Compliance Oversight Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Re: NOV-2010-OP-0020
Dear Mr: Cranford &'Mr.�He' nnessy'
'I am writing on'behalf of Dolph Silvers and Dolph and S.W. Silvers Construction
in response to-the letter from Roger C. Edwards dated April 12, 2010 in the above-
referenced matter. "
It is my understanding that Mr. George Saenger, counsel for Ms. Herb, has been
in contact with representatives of NCDENR and with Mr. David Baker of the Corps of
Engineers to discuss the issues surrounding this matter. I have spoken with Mr. Saenger
and I understand he is awaiting further communication from Mr. Baker-to determine
where this matter-may proceed.
I wanted your offices to be aware that Mr. Silvers and Silvers Construction are
not ignoring Mr. Edwards' letter, but that for the time being we would request that Mr.
Saenger's and his client's'dialogue with Mr. Baker and other representatives be allowed
to,continue so that the parties.can determine how this matter will•proceed.
'Please feel free to contact' ' e if you have any questions or need any further
information. Thank you.

FFMr. Chuck Cranford
Mr. John Hennessy
April 2010
Page 2
Sincerely yours,
David K. eridge
DKE/se
cc: Dolph& S.W. Silvers
George W. Saenger, Esq.
Tommy Burleson

410 Bloody Fork Road
Burnsville, North Carolina 28714
Telephone: [phone]
June 28, 2010
Mr. Chuck Cranford
Division of Water Quality, Asheville Regional Office
2090 U.S. Highway#70
Swannanoa, North Carolina 28778
Dear Mr. Cranford:
Thank you for taking the time in our recent telephone conversation to explain the process for handling
water quality issues and for providing me with a copy of the regulations to use when applying for a
permit to place a pipe in a stream.
We are still waiting for a report from the Referee assigned to our case. Mr.Tommy Burleson (the
Referee) made his last visit to our home on April 16, 2010. However, he was on international travel
until the first week of June 2010.
1 spoke with Mr. Burleson on June 21, 2010 and he assured me he would work on the report very soon.
Again, I called his office today but was unable to reach him. I hope to receive a copy of his report in the
near future. The report has to be presented to the Judge and it could require a hearing before the Judge
makes a final ruling on the matter. As you can see we are still in litigation and certainly hope a
resolution can be reached in the near future.
As there are further developments with the Court, 1 will keep you informed. My husband and I are
anxious to resolve the problem with the piping of the small stream on our property. And, we certainly
wish to cooperate with your office to find a satisfactory resolution of the situation.
Thank you for your consideration in this matter. �� � ,. •-
Respectfully, t, ., E
r JUN 2 0 2010
Lois D. Herb �:•,,
WATER QUALITY SECTION
+ a'' ASHEVILLE REGIONAL OFFICE

d' < �
- (rA T
• L._. _f�� �s G. a .`Y
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 12, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7007 1490 0004 0713 9004
Lois Herb
410 Bloody Fork Rd
Burnsville,NC 28714
CERTIFIED'MAIL,�
RE�T�U;RN�RE.�G IPYT�RE:QUE:STED�=�7007�149:0�0004:�OF7�t1t3�±�0,1:1;;�
Dolph Silvers
Dolph and S.W. Silvers Construction
295 Saw Mill Hollow Road
Burnsville,NC 28714
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2010-OP-0020
Failure to Secure a 401 Water Quality Certification
Stream Standard Violation- Removal of Best Usage
Yancey County
Response deadline: April 30,2010
Dear Ms. Herb and Mr. Silvers:
On March 31, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at 328 Bloody Fork Road in Yancey County. Mr.
Tommy Burleson was present.
A file review revealed that no 401 Water Quality Certification had been issued for this site and
stream standard violations were noted during the inspection. Culvert impacts to an unnamed
tributary to Bloody Fork (Class C; Trout waters) were documented. Approximately 300 feet of
stream has been impacted by the installation of a culvert.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE .L11e 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl Carofina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org AaWA711rY
An Equal Opportunity 1 Affirmative Action Employer

Lois Herb and Dolph Silvers
April 12,2010
Page 2 of 4
VIOLATIONS
I. Failure to Secure a 401 Water Quality Certification 15A NCAC 211 .0500 -The file
review confirmed that a Pre-construction Notification has not been received by the Division
of Water Quality for this project and a 401 Water Quality Certification has not.been issued.
A Pre-Construction Notification submitted to DWQ is required prior to culvert impacts
pursuant to 15A NCAC 2H .0500.
II. Stream Standard Violation -Removal of Best Usage— 15A NCAC 0211.0211 (2)—
Approximately 300 feet of an unnamed tributary of Bloody Fork was impacted'by culvert
installation representing Water Quality Stream Standard violation of 15A NCAC 02B .0211
(2)
REQUIRED RESPONSE
This Office requests that you respond in writing by April 30,2010. Your response should be sent
to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617.
Your response should address the following items:
I. Failure to Secure a 401 Water Quality Certification
Two (2) options exist to resolve the violation related to the 401 Water Quality
Certification:
1. Submit a Pre-Construction Notification form to the U.S. Army Corps of
Engineers and Division of Water Quality to begin the 404 Permit/401 WQC
review process for the culvert installation.
2. Restore the stream and stream buffer.
a. Provide a stream restoration plan that includes the removal of the
culvert, restoration of the stream channel and replanting of the stream
buffer.
If pursuing Option 1:
a. Complete a Pre-Construction Notification(PCN) form, which can be downloaded at
http://www.saw.usace.ai-my.mil/WETLANDS/pcn/, and submit the appropriate
copies, required materials and applicable fee to the Division of Water Quality and
United States Army Corps of Engineers.
b. Provide a proposed schedule of when you expect to have the required PCN
submitted to DWQ.

Lois Herb and Dolph Silvers
A�ri1 2010
=rage 3 of 4
If pursuing Option 2:
a. Please submit a Stream Restoration Plan to this office for review and approval. The
plan must address removal of the culvert from the unnamed tributary to Bloody
Fork as described above in Option 2. The plan must be submitted to the Division of
Water Quality for review and approval. You are encouraged to enlist an
environmental consultant experienced in stream restoration to assist you with
development of your plan and authorization necessary to achieve compliance. It is
recommended that your consultant contact Chuck Cranford of the Asheville
Regional Office for additional guidance during plan development. The plan should
include the following:
i. Explain how you plan to restore the pattern, profile and dimension of the
impacted stream channel. The streambed must be restored to the original
profile,the stream banks must be stabilized and any fill material must be
removed from the riparian zone. Replanting of the riparian zone will be
required.
ii. A diagram of the stream channel; including, details of the buffer restoration
planting in order to meet the EEP Publication Guidelines for Riparian Buffer
Restoration. This document is available electronically at
http://www.nceep.net/news/reports/buffers.pdf. Photo documentation of
before and after conditions must be provided.
iii. A proposed schedule with dates that indicate when you expect to begin and
complete the restoration work.
iv. Once the work has been completed, a final report documenting restoration of
the stream should be submitted to Chuck Cranford.
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)
The same two (2) options exist to resolve the Stream Standard Violation-Removal of
Best Usage, as described directly above.

Lois Herb and Dolph Silvers
April 12,2010 -
Page 4 of 4 "
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at(828)296-
4664.
Sincerely,
`�i4 0�
Roger C. Edwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Dave Baker—USACE
Tommy Burleson— Post Office Box 861
Newland,NC 28657
ARO File Copy
Division of Land Resources
Yancey County Planning
S:\SWP\Yancey\Complaints\Herb Property\NOV-2010-OP-0020.4.12.10.doe

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Aj2i
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 12, 2010
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R. EZEURNA,E EIiPATdREQUE:T!ET Da,:w70.0.7 1.490,E0004 0.74r3 990:0'-4
Lois Herb -
410 Bloody Fork Rd
Burnsville,NC 28714
CERTIFIED MAIL
RETURN RECEIPT REQUESTED: 7007 1490 0004 0713 9011
Dolph Silvers
Dolph and S.W. Silvers Construction
295 Saw Mill Hollow Road
Burnsville,NC 28714
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2010-OP-0020
Failure to Secure a 401 Water Quality Certification
Stream Standard Violation- Removal of Best Usage
Yancey County
Response deadline: April 30,2010
Dear Ms. Herb and Mr. Silvers:
On March 31, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at 328 Bloody Fork Road in Yancey County. Mr.
Tommy Burleson was present.
A file review revealed that no 401 Water Quality Certification had been issued for this site and
stream standard violations were noted during the inspection. Culvert impacts to an unnamed
tributary to Bloody Fork (Class C; Trout waters)were documented. Approximately 300 feet of
stream has been impacted by the installation of a culvert.
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 '/N����
Internet:: www.ncwaterquality.org KL
An Equal Opportunity 1 Affirmative Action Employer ��t

Lois Herb and Dolph Silvers
April 12,2010
Page 2 of 4 -
VIOLATIONS
I. Failure to Secure a 401 Water Quality Certification 15A NCAC 2H .0500 -The file
review confirmed that a Pre-construction Notification has not been received by the Division
of Water Quality for this project and a 401 Water Quality Certification has not been issued.
A Pre-Construction Notification submitted to DWQ is required prior to culvert impacts
pursuant to 15A NCAC 2H .0500.
II. Stream Standard Violation - Removal of Best Usage— 15A NCAC 02B.0211 (2)—
Approximately 300 feet of an unnamed tributary of Bloody Fork was impacted by culvert
installation representing Water Quality Stream Standard violation of 15A NCAC 02B .0211
(2)
REQUIRED RESPONSE
This Office requests that you respond in writing by April 30,2010. 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:
1. Failure to Secure a 401 Water Quality Certification
Two (2) options exist to resolve the violation related to the 401 Water Quality
Certification:
1. Submit a Pre-Construction Notification form to the U.S. Army Corps of
Engineers and Division of Water Quality to begin the 404 Permit/401 WQC
review process for the culvert installation.
2. Restore the stream and stream buffer.
a. Provide a stream restoration plan that includes the removal of the
culvert, restoration of the stream channel and replanting of the stream
buffer.
If pursuing Option 1:
a. Complete a Pre-Construction Notification (PCN) form, which can be downloaded at
http://www.saw.usace.army.mi.I/WETLANDS/pcn/, and submit the appropriate
copies, required materials and applicable fee to the Division of Water Quality and
United States Army Corps of Engineers.
b. Provide a proposed schedule of when you expect to have the required PCN
submitted to DWQ.

V
and Dolph Silvers
2010
4
If pursuing Option 2:
a. Please submit a Stream Restoration Plan to this office for review and approval. The
plan must address removal of the culvert from the unnamed tributary to Bloody
Fork as described above in Option 2. The plan must be submitted to the Division of
Water Quality for review and approval. You are encouraged to enlist an
environmental consultant experienced in stream restoration to assist you with
development of your plan and authorization necessary to achieve compliance. It is
recommended that your consultant contact Chuck Cranford of the Asheville
Regional Office for additional guidance during plan development. The plan should
include the following:
i. Explain how you plan to restore the pattern, profile and dimension of the
impacted stream channel. The streambed must be restored to the original
profile,the stream banks must be stabilized and any fill material must be
removed from the riparian zone. Replanting of the riparian zone will be
required.
ii. A diagram of the stream channel; including, details of the buffer restoration
planting in order to meet the EEP Publication Guidelines for Riparian Buffer
Restoration. This document is available electronically at
http://www.nceep.net/news/reports/buffers.pdf. Photo documentation of
before and after conditions must be provided.
iii. A proposed schedule with dates that indicate when you expect to begin and
complete the restoration work.
iv. Once the work has been completed, a final report documenting restoration of
the stream should be submitted to Chuck Cranford.
II. removal of Best Usage—15A NCAC 02B.0211 (2)
The same two (2) options exist to resolve the Stream Standard Violation-Removal of
Best Usage, as described directly above.

Lois Herb and Dolph Silvers
April 12,2010 .-
14
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25.,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at (828) 296-
4664.
Sincerely,
f V
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Dave Baker—USACE
Tommy Burleson— Post Office Box 861
Newland,NC 28657
ARO.File Copy
Division of Land Resources
Yancey County Planning
S:\SWP\Yancey\Complaints\Herb Property\NOV-2010-OP-0020.4.12.IO.doc