NC0005487_Regional Office Historical File Pre 2018 (3)

�OF W A TF9Q Michael F. Easley, Governor
WilliamG. Ross Jr., Secretary
CO North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February. 10, 2009
NAME CERTIFIED MAIL # XXXXXXXXXXXXXXXXXXXX
COMPANY RETURN RECEIPT REQUESTED
ADDRESS
Subject: Notice of Continuing Violation and
Recommendation for Enforcement
High Rock Properties, LLC
NOV # XXXXXXXX
Yadkin County
Dear Mr. Scott:
DWQ site visits on DATES and NOVs dated DATES documented the following violations on the
site:
• Violations of North Carolina General Statute 143-215.1 for the discharge of the
sludge / waste to waters of the state.
• Violations of Title 15A North Carolina Administrative Code 2B .0231 - Wetland
standard violations.
• Violations of Title 15A North Carolina Administrative Code 213.0211 -Stream
standards violations.
DWQ recent site visits on dates indicated that the restoration plan, approved by this office on
DATE has not been fully implemented Specifically planting etc. In order to be in
compliance by DATE, the following items must be accoinph
�1 Nsf
2. fd
3�s�df
If the above items are not accomplished by DATE, then the DWQ Mooresville Regional
Office will initiate an enforcement action and recommend that the Director assess civil
penalties for the violations and impacts associated with the initial sludge / waste spill and any
ongoing violations at the High Rock Properties site. This office requires that the ongoing
violations, as detailed in earlier correspondences, be abated and properly resolved.
These violations and any future violations are subject to a civil penalty assessment of
up to $25,000.00 per day for each violation.
Again it is imperative that the above listed items be accomplished by October 31, 2009. The DWQ
Mooresville Regional Office Will be conducting site visits and sending updates on the status of the
site remediation. If you have any questions regarding the items listed above or how to achieve
compliance, please call mys STAFF SAME ate with the DWQ Mooresville Regional
Office. Thank you for your cooperation in this matter. NorthCai
Natun
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Customer Service
Internet www.ncwaterquality.org Location: 512 N. Salisbury St, Raleigh, NC' 27604 , Fax [phone]=
623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Sincerely,
Rob Krebs
cc: DWQ Mooresville Regional Office
NPS Assistance and Compliance Oversight Unit — File Copy

SURFACE WATER PROTECTION
December 5, 2008
Memorandum:
TO:
„,. x' Fri
FROM: Robert Kreb �5
re! FWD �J
PREPARED BY: Alan D. Johnson
SUBJECT: Enforcement R ommendation
Color -Tex _.
High Rock Properties, LLC
Violations ofNCGS 143-215.1, 143-215.1C (c) and 15ANCAC 2B .0211
Rowan County, NC
Enclosed is an enforcement recommendation package (Color -Tex) for violations of water
quality rules/regulations. In November 2006, this Office, in.response to a complaint, conducted an
investigation at the subject site. It was observed that sludge and wastewater had been discharged
from an inactive aeration basin into a stream, wetland, and backwater of the Yadkin River. On
December 8, 2006, a Notice of Violation and Recommendation For Enforcement (NOV/NRE) letter
was issued by the MRO for the violations. On August 14, 2007, a NOV/NRE was issued for the
continuing violations at the site.
It has been over two years from the initial, release- of the wasie to get corrective action near
completion. Excessive staff time, has=been required for the site to get close to completion of the
corrective measures. Planting of seedling's is still required. The MRO is recommending enforcement
and have drafted this package for six violations of the general statutes. Four violations are for
discharging without a permit. You may wish to combine these four violations if necessary.
. If you have any questions, please contact Alan or my acting supervisor, as I will be on
military leave until January 14, 2009.
MAR 17 2009
,� ivii•�
DWG -Surface Wafer RrOlocaion

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF )
HIGH ROCK PROPERTIES, LLC )
FOR VIOLATIONS OF )
G.S 143-215.1, G.S. 143-215.1C(c) AND )
15A NCAC 213.0211 )
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
CASE OV- 2006-DV-0071
FINDINGS A
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.6A, I, John Hennessey, of the
Division of Water Quality (hereby known as the Division), make the following:
I. FINDING OF FACT
A. High Rock Properties, LLC ( k) is the owner of record of the
tract of land formerly known as Color -Tex, located on Highway 7�usiness 29 in
Rowan County, North Carolina.
B. High Rock is a company organized and existing under the laws of the State of
North Carolina.
C. Mr. David Risdon is the Chief Executive Officer for High R
D. On November 27, 2006, an estimated wo to thre (3) millio gallons of waste
water/sludge was released to wetland, an unnamed tribu o, and backwaters of
the Yadkin River. The discharge was not reported to the Division, nor a public
notice issued.
E. On November 30, 2006, in response to a complaint, staff conducted an
investigation at the site and observed the above noted discharge from an inactive
aeration basin at the former Color -Tex site.. A release valve to the basin was
reported to have been accidentally removed/dislodged during the on -site removal
of scrap metal. Approximately 300 to 500 feet of stream was impacted and over
an acre of wetland (backwater to the Yadkin River) from the accumulation of
sludge.
F. Subsequent visits were conducted to the site on December 1 st, December 4tn,
December 51n, and December 61n, 2006, to provide oversight and to ensure the
conditions at the site did not deteriorate further.
G. On December 8, 2006, a Notice of Violation and Notice of Recommendation for
Enforcement was issued to High Rock for violation of NCGS 143-215.1 (non -
permitted discharge of pollutants to surface waters) and NCGS 143-215.1 C(c)
(failure to notify for the discharge of waste to surface waters).

H. NCGS 143-215.1(a) states a permit is required for the following: (#1) construct an
outlet to waters of the State, (#6) to cause or permit any waste directly or
indirectly to be discharged to waters of the state, and (#9) to dispose of sludge
resulting from the operation of a treatment works.
I. NCGS 143-215.1 C(c) states that the owner of a permit shall issue a notice for a
non -permitted discharge.
On August 14, 2007, a Notice of Violation and Notice of Recommendation for
Enforcement was issued for the continuing violation of NCGS 143-215.1 and
violation of 15A NCAC 02B .0211. A deadline of September 14, 2007, was set
for the restoration and clean up of the impacted area.
K. Title 15A North Carolina Administrative Code 2B .0211(3)(f) requires that "Oils;
deleterious substances; colored or other wastes: only such amounts as shall not
render the waters injurious to public health, secondary recreation or to aquatic life
and wildlife or adversely affect the palatability of fish, aesthetic quality or impair
the waters for any designated uses."
L. On September 11, 2007, staff from the Division visited the site and noted that
little to no work had been conducted to restore the wetland/stream/backwater.
Accumulations of sludge were still observed and the fill placed in the area to
assist in the removal of the sludge was still evident.
M. On September 26, 2007, an extension was granted by the Division for the
submittal of a clean up and restoration plan. The deadline was extended to
October 31, 2007.
N. On October 18, 2007, the Division received a restoration plan for the site stating
that the work would be completed by January 30, 2008.
O. On October 22, 2007, a Notice of Deficiency was issued by the Division
regarding the submitted restoration plan.
P. On November 15, 2007, an approval letter was issued by the Division for the
restoration plan with minor modifications.
Q. On April 18, 2008, an extension was given until July 15, 2008, by the Division for
the completion of the restoration work.
R. On May 16, 2008, staff met with Mr. Risdon at the site. Staff noted that berms
and dikes still remained in the wetland area and needed to be removed. In
addition, some minor grading/elevation adjustments to return the topography back
to its pre-existing elevation was needed. The Division again emphasize a deadline
of July 15, 2008, for the restoration of the site.
S. On September 3, 2008, a letter was received by the Division from High Rock
stating that the restoration would be completed by mid October.

T. On December 4, 2008 staff from the Division conducted an inspection of the site
to determine if the restoration of the site had been completed. The inspection
revealed that plantings were not installed as detailed in the approved restoration
plan.
U. The impacts occurred to an unnamed tributary to the Yadkin River, Class C
waters within the Yadkin -Pee Dee River Basin.
V. The cost to the State of the enforcement procedures in this matter totaled $2,405.46.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. High Rock Properties, LLC, is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. The Unnamed tributary to the Yadkin River located at the site constitutes waters
of the State within the meaning of G.S. 143-212(6).
C. On November 30, 2006, High Rock violated NCGS 143-215.1 for a non -
permitted discharge of two (2) to three (3) million gallons of waste water/sludge
from inactive aeration basin at the site.
D. On November 30, 2006, High Rock violated NCGS 143-215.1(a)(1) for
constructing an outlet to waters of the State without a permit.
E. On November 30, 2006, High Rock violated NCGS 143-215.1(a)(6) for causing
or for allowing any waste directly or indirectly to be discharged to waters of the
state.
F. On November 30, 2006, High Rock violated NCGS 143-215.1(a)(9) for the
unpermitted disposal of sludge resulting from the operation of a treatment works.
G. On November 30, 2006, High Rock violated Title NCGS 143-215.1C(c) for
failure to issue a notice for the release of two (2) to three (3) million gallons of
waste water/sludge for which a permit is issued.
H. On November 30, 2006, High Rock violated Title 15A NCAC 2B .0211(3)(f) for
impacts to 300 to 500 linear feet of stream and in excess of one (1) acre of
wetland from the release and accumulation of two (2) to three (3) million gallons
of waste water/sludge.
I. High Rock Properties, LLC may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates a rule of the Commission implementing this Part, Part 2A of this Article,
or G.S. 143-355(k).

High Rock Properties, LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who is required but fails to apply for or to secure a permit
required by G.S. 143-215.1, or who violates or fails to act in accordance with the
terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
K. The State's enforcement cost in this matter may be assessed against High Rock
Properties, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282(b)(8).
L. I, John Hennessey, of the Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, High Rock Properties, LLC, is hereby assessed a civil penalty of:
f one ( ) violatio of Title 15A NCAC 2B .0211(3)(f)for impacts
1' ar feet of stream, and excess of one (1) acre of
r ace ter from the accumulation of two (2) to three
3 mi ons of wastewater/sludge. a'
fo,crl violat' o Title N 3-215.1 f non -permitted
release of t milli n ga ns of wa tew r/sl ge to rs of
the State.
of Tit]. -NMS 1�15. Va
an o4lettdwaters bf-fhe State without akperThit.
for one (1) violation of Title NCGS 143-215.1(a)(6) for causing or
for allowing any waste directly or indirectly to be discharged to
waters of the state.
for one (1) violation of Title NCGS 143-215.1(a)(9) for °'-�`7
unpermitted disposal of sludge resulting from the operation of a
treatment works.
for one (1) violation of NCGS 143-215.1C(c) for failure to issue a
notice as required for the release of 2 to 3 million gallons of
wastewater/sludge to waters of the State.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 2,405.46 Enforcement Cost

Division of Water Quality
SURFACE WATER PROTECTION SECTION
ENFORCEMENT CASE FACTORS
Type: Violations ofNPDES Permit and Water Quality Standards
Violator: High Rock Properties, LLC
Mr. David Risdon, Chief Executive Officer, High Rock Properties, LLC
Address: 8734 Brentfield Rd., Huntersville, NC 28078, Mecklenburg, NC
Location: Highway 70/Business Highway 29, Spencer
Rowan County
Regional Office: Mooresville
1. The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
Approximately 300 to 500 linear feet (If) of stream and in excess of one (1) acre of
wetland/backwater was impacted from the deposition/accumulation of two (2) to three (3)
million gallons of sludge released from an inactive aeration basin at the site. The initial
impact occurred in November 2006. The case remains open..,
2. The duration and gravity of the violations;
The initial impact occurred in November 2006. Two (2) to three (3) million gallons of
wastewater/sludge was released from an inactive aeration basin at the site impacting over an
acre of wetland/backwater and 300 — 500 ft. of stream. As of November 2008, 2 years have
passed and the site has not been completely restored. The case remains open.
3. The effect on ground or surface water quantity or quality or on air quality;
The sludge observed in the stream and wetland destroyed integrity of the system. Track hoes
and other large equipment were utilized to remove the sludge further degrading the natural
system.
4. The cost of rectifying the damage;
The cost for rectifying the damage to the environment is difficult to determine. The primary
costs would result from the restoration of the stream channel and wetland. Given the nature and
site conditions, a "perfect" restoration of the site is limited. The cost associated with damage to
aquatic habitats and the time for the stream to function as it did prior to the impact is unknown.
5. The amount of money saved by noncompliance;
The dollar amount is unknown.
6. Whether the violations were committed willfully or intentionally;
There is no evidence to suggest that the impacts were committed willfully. However, it is the
MRO position that care was not taken in the work at the site to prevent the violations. Also,
rectifying the problem at the site has been tedious and in need of constant oversight. The site
has had issues with the Division of Land Resource's as well.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
The Mooresville Regional Office/DWQ has no record of any previous enforcement actions for
High Rock Properties, LLC.

8. The cost to the State of the enforcement procedures.
Central Office Review and Processing
73 hours by investigators. for investigating and
drafting report(s) @ 27.88/hr.
7.0 hours by Water Quality Regional Supervisor
for review @ $36.46/hr.
1 hour for clerical support @ $15.00/1-ir.
_ $ 100.00
_ $2035.24
_ $ 255.22.
$ 15.00
TOTAL = $2405.46
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
This a corporation established for the construction of a automotive speedway and associated
activities.
10. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
High Rock Properties, LLC during meetings has been willing and acceptable to suggestions
and comments from the Division. However, the carrying out of those suggestions and
addressing issues in a proper manner and time frame has been another matter. The site has
still not been closed out two years following the initial impact.
11. Mitigating circumstances:
There are no mitigating circumstances.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: UTs to, Class C Waters
c) Damage: Stream standard violations, NPDES permit condition
violations.

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dave Risdon, Owner
High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 28078
Dear Mr. Risdon:
/) /
tj
Michael F. Easley, Governor j
William G. Ross Jr., Secretary J
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 8, 2006
7003 2260 0001 3494 9046
Subject: Notice of Violation/Notice of
Recommendation for Enforcement
Violations of G.S. 143-215.1 and G.S. 143-
215.C(c)
Non -permitted Discharge/Failure to Report
Old Color -Tex WWTP
Incident 4: NOV-2006-DV-0071
Rowan County, N.C.
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural Resources to
protect and preserve the water resources of the State. The Division of Water Quality (DWQ) has the
delegated authority to enforce adopted water pollution control rules and regulations.
As a result of the initial investigation conducted by DWQ staff on November 30, 2006, the
following conditions were found to be in violation of G.S. 143-215.1 and G.S. 143-215.C(c),:
On November 27, 2006 (early afternoon), an estimated 2 to3 million
gallons of wastewater/sludge was discharged to an unnamed tributary to
Yadkin River from an inactive aeration basin at the old Color -Tex
Wastewater Treatment Plant (WWTP). The valve was -
removed/dislodged during the on -site removal of scrap metal.
Approximately 300 - 500 feet of stream was impacted with sludge
accumulations. The unpermitted discharge was never reported to DWQ.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty-
five thousand dollars'($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.L Penalties may also be assessed for any damage to the surface waters of
ne
R the State that may result from the unpermitted discharge. Nor Carolina
ENR vaiura!!y
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterguality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper

Mr. Dave Risdon
Page Two
December 8, 2006
It is requested that you respond, in writing, to this Notice, indicating the actions taken to contain,
collect, and properly dispose of the sludge from all affected areas. In addition, your response shall include
the actions taken to restore all affected areas. Please address your response to Mr. Bell by no later than
December 29, 2006.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the violations of G.S. 143-215.1
(unpermitted discharge) and G.S. 143-215.C(c) (failure to report the discharge). If you have an
explanation for the violations that you wish to present, please include same in the requested response.
Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director along with the enforcement package for his consideration.
To comply with the regulations, it will be necessary to contain, collect, and properly dispose of the
sludge from all affected areas. In addition, all affected areas must be restored to the conditions existing'
prior to the discharge:
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
ohn Lesley
Acting Regional Supervisor
Surface Water Protection
Attachments
cc: Rowan County Health Department
Rick Shiver, Assistant Director of Regional Operations, DWQ
Andrew Pitner, Regional Supervisor, DWQ/APS

Summary
Colortex (aka NC Finishing) is a bankrupt former textile facility located at 2555 US Hwy
29 in Spencer, Rowan County, adjacent to the Yadkin River at the tail -waters of High
Rock Reservoir. Colortex used to have a permitted wastewater treatment plant, a water
treatment plant, and a land application permit. The permits are all expired and considered
inactive. Since the business went bankrupt, there are no current permits connected to the
site.
Chronology of Events
November2.9, 2006 — Wednesday - Samar Bou-Ghazale, acting MRO-SWPS Supervisor,
received two phone messages regarding a lagoon spill at the old NC Finishing plant in ff
Spencer. Ellen Huffman (MRO-APS) was directed to return the calls to Randy l`���
Cauble, Salisbury -Rowan Utilities Plant Manager (704/638-4478), and Greg Green,
(704/216-8591). Mr. Cauble described the situation as a 4 million gallon lagoon that
had emptied most of its contents into a tributary to the Yadkin River sometime the
day before .(11/28/2006). _.>
November 30, 2006 — Thursday - Ellen Huffman, Andrew Pitner, John Lesley with the
MRO-DWQ, met at the spill site approximately 10:30 AM with Dustin Wilson,
Spencer Land Management Director, Larry Smith, Spencer Town Manager, James
Ferrell, Spencer Code Enforcement Officer, and Randy Cauble, Salisbury -Rowan
Utilities. Wes Bell, MRO-DWQ, arrived about 12:00 PM. Also present, was the
demolition crew responsible for the spill, Frank McGuire who is overseeing the work
for the owner, and David Risdon, property owner. After staff observations and
discussions with those onsite, it became apparent that during metal salvage operations
a track hoe operator pulled a valve stem connected to the valve at the bottom of the
lag arAcrztpyibghe��g.2on via a pipe into the swamp below. The event took place
o Tuesday, November 28, 2006. )Before leaving the site, MRO-DWQ staff verbally
noti ie raiilZ-1b1�Ciuire (David Risdon had already left the site) to cease all
demolition activity in the vicinity of the lagoons, to seal the pipe with cement and/or a
pneumatic bladder to prevent any additional discharge from the lagoon, to contact a
qualified environmental contractor, and to stabilize the sludge in the swamp area and
initiate clean up of the sludge. Photos of the affected area and clean up efforts as well
as phone updates of the current status of the spill were conveyed to MRO staff and
DWQ Central Office staff.
December 1, 2006 — Friday — Ellen Huffman and Wes Bell returned to the site to check
on clean up efforts. Mr. Bell and Ms. Huffman also took physical readings in the
stream and collected water and sludge samples. Stream samples were sent to the
DWQ lab and sludge samples were taken to Pace Labs in Huntersville (704/875-
9092). Mr. Bell and Ms. Huffman reiterated the importance of stabilizing the spilled
sludge to keep it from migrating further off site. It was again suggested that an
environmental consulting firm be contacted to oversee the clean up and that the pipe
be sealed as soon as possible and that today would be best. The demolition crew
suggested breaking into the pipe and filling it with dirt. Ms. Huffman re -stated that a

permanent cement plug of would be needed. More photos of the clean up efforts
were taken and updates were reported to DWQ Central Office staff of the current
status of the spill.
December 4, 2006 — Monday - Mr. Bell and Ms. Huffman returned to the site in the
afternoon to check on. clean up efforts. The demolition crew was using the backhoe
to dip the sludge from the swampy area into a dump truck and transfer the sludge to
two smaller lagoons up the hill (old basins which were part of the old wastewater
treatment plant). MRO Staff gave them verbal permission to use the lagoons
temporarily until a better plan was found. The demolition crew was in the process of
exposing the pipe to plug it. Staff reiterated the importance of a permanent plug of
cement to be placed in the line and the need for competent professional oversight of
the cleanup process. Photos were taken and an update was reported to DWQ Central
Office.
December 5, 2006 — Tuesday - Mr. Bell and Ms. Huffman called the owner, David
Risdon, to meet on site at 1:30 PM to discuss the method and progress of the clean
up. It was again re -stated that a permanent cement plug be put into the pipe and that
an environmental consulting firm be hired to oversee the clean up efforts. Mr. Risdon
was also told that if satisfactory progress was not made toward cleanup then DWQ
could initiate cleanup (with cost recovery) via the Oil or Other Hazardous Substances
Pollution Protection Fund or contact EPA to initiate cleanup. It was also noted that
only one of the smaller lagoons could be used for temporary storage because the
demolition crew had damaged a valve in the other lagoon. The demolition crew was
told that they could repair the damaged valve and then use that lagoon as well. Mr.
Bell reiterated to the demolition crew the importance of keeping the sludge from
migrating any further off site and closer to the river. Photos were taken and Central
Office was updated.
December 6, 2006 — Wednesday — A check of Rowan County GIS tax records by Ms.
Huffman indicated the spill crossed onto adjoining property. Mr. Bell called Mr.
Risdon to convey the new information and asked Mr. Risdon to contact the adjoining
landowner regarding access and clean up activities on the adjacent land. Andrew
Pitner was directed by Central Office to have Ms. Huffman contact Mr. Risdon and
convey to him that DWQ Central Office wishes him to hire a professional
environmental consulting firm no later than 12:00 noon on December 7, 2006. Mr.
Risdon asked to contact Central Office. Ms. Huffman gave Mr. Risdon Rick Shiver's
cell phone number. No visit by MRO staff on this day.
December 7, 2006 — Thursday — as of 1:30 PM- Mr. Risdon notified John Lesley, MRO-
SWPS, that he has contracted with Triad Environmental (336-681-7288, Mr. Michael
Frances) a qualified environmental consultant, to oversee the cleanup efforts.

High Rock Properties LLC
c/o David L. Risdon
8734 Brentfield Road
Huntersville, NC 28078
December 28, 2006
Mr. Wes Bell
Environmental Technician IV
Surface Water Protection Section
Division of Water Quality
North Carolina Department of Environment and Natural Resources
SENT VIA E-MAIL
To wes.bell(a)ncmail.net
Dear Mr. Bell:
As requested in Mr. Lesley's letter to me dated December 8, 2006, this is a
response indicating the actions to contain, collect, and properly dispose of the
sludge from all affected areas.
Doug Thomas and his crew have erected berms and have trucked out large
quantities of sludge and, working under the direction of Triad Environmental, has
contracted to have the remaining sludge pumped from the affected area. The
sludge is being trucked and/or pumped to a secure empty holding pond on our
property. We believe that within two to three weeks the potential for sludge to
spread from the affected area will be completely contained. We will continue to
work under the direction of Triad Environmental to ensure that we meet the
State's cleanup requirements.
Please do not hesitate to contact me should you have any questions or concerns.
Thank you.
Sincerely,
David L. Risdon
Chief Executive Officer

O�O� \N A 7'
�9QG
� r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0005 2882 0182
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street
Suite 1900
Charlotte, North Carolina 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0005 2882 0199
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Dear Mr. Hart:
i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
August 14, 2007
Subject: Notice of Continuing Violation/Notice of
Recommendation for Enforcement
Violations of G.S. 143-215.1 and 15A
NCAC 02B .0211
Non -permitted Discharge and Failure to
Mitigate Impact
Old Color -Tex WWTP
Incident #: NOV-2006-DV-0071
Rowan County, N.C.
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural Resources to
protect and preserve the water resources of the State. The Division of Water Quality (DWQ) has the
delegated authority to enforce adopted water pollution control rules and regulations.
DWQ Staff have performed numerous follow-up investigations to the unnamed tributary to the
Yadkin River (tributary) to assess the cleanup operations for the removal of the illegally discharged sludge
(Violation of 15A NCAC 02B .0211). As a result of these investigations, DWQ Staff have observed the
following:
AGRA N""o�r hCarolina
NCDENR �vatura!!y
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Mr. JeffIr ey C. Hart
Page Two
August 14, 2007
All of the accumulated sludge in the unnamed tributary to the Yadkin
River has not been removed following the initial discharge event that had
occurred on November 27, 2006. In addition, only limited cleanup and/or
restoration activities have been initiated within the past several months.
$e advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty-
five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who fails to act on the violations of G.S. 143-215.1
and 15ANCAC 02B .0211. Penalties may also be assessed for any damage to the surface waters of the
State that may result from the unpermitted discharge.
P lease be advised that this Office has allowed more than eight months to remediate the tributary;
howevef, the cleanup and restoration has not been completed. In addition, limited cleanup activities have
been initiated within the past several months. Due to the continued lack of effort to remediate the
tributary, this Office is requiring all cleanup activities and restoration efforts to the tributary be completed
by —Se vurnber 14, 2007. It is requested that you respond, in writing, to this Notice, detailing the cleanup
and resloration efforts (including ultimate disposal of sludge) that have been completed to date by
September 3 2007.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcerLent action to the Director of the. Division of Water Quality for the continued failures to
renediafe/cleanup the sludge from the tributary. If the tributary is not cleaned up and restored within the
specifi4 time period, then this Office will forward an enforcement package to the Director for his
ccrasid�ation.
Should you have questions, please do not hesitate to contact Mr. John Lesley, Mr. Bell, or me at
(7004) 63-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
i�ven i i0perti%S, LL
Rick Shiver, Assistant Director of Regional Operations, DWQ
Andrew Pitner, Regional Supervisor, DWQ/APS
Rowan County Health Department
Att aucnent:
Initial NOV/NRE dated 12/8/06

� a ' J
�CF
W ATF9Q Michael F. Easley, Governor"
William G. Ross Jr., Secretary
`Q G North Carolina Department of Environment and Natural Resources
00 r Coleen H. Sullins, Director
—i Division of Water Quality
C `C
September 26, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4140
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street
Suite 1900
Charlotte, North Carolina 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4157
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Subject: Extension Request
Old Color -Tex WWTP
Rowan County, N.C.
Dear Mr. Hart and Mr. Gamelin:
On September 14, 2007, staff of the Mooresville Regional Office (MRO), Division of Water Quality
(DWQ) performed a follow-up investigation at the subject facility to assess the cleanup operations for the removal
of the illegally discharged sludge (Violation of 15A NCAC 02B .0211). DWQ Staff observed that the accumulated
sludge, from the illegal discharge that occurred on November 27, 2006, to the unnamed tributary to the Yadkin
River, has been sufficiently removed.
A deadline of September 14, 2007, was imposed by the Division requiring all cleanup activities and
restoration efforts to the tributary be completed by September 14, 2007. The MRO acknowledges that the sludge
removal activities, from the illegal discharge, were accomplished within the time frame allowed. The restoration
activities were not accomplished.
On September 14, 2007, the MRO received a request for an extension to the September 14, 2007,
deadline to begin restoration activities by hiring a restoration consultant and preparing a site restoration plan. Your
request has been reviewed by the MRO.
By this letter you are hereby granted an extension until October 31, 2007 to submit, to the MRO, a site
restoration plan to repair the areas disturbed as a result of the illegal discharge and as a result of the removal of the
illegal discharge.
1617 Mail Service Center Raleiqh, NC 27699-16117 919-733-7015 (Teler)hone) Customer Servire R)rl-R93-77AR

Should you have questions, please do not hesitate to contact Mr. Wes Bell, or me at [phone].
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Dave Risdon, High Rock Properties, LLC
Rick Shiver, Assistant Director of Regional Operations, DWQ
Andrew Pitner, Regional Supervisor, DWQ/APS
Rowan County Health Department

September 2, 2007
P R O P E R T I E S L L C
9911 Rose Commons ®rive, Suite E432
Nuntersviiie, NC 28078
' E€
£C127"-,Y
Mr. Robert B. Krebs
Surface Water Protection Regional Supervisor
NCDENR
Division of Water Quality NIC DEHRMRO
610 East Center Avenue, Suite 301
Mooresville, NC 28115 MIM-SuFface Wal F rod d, on
Dear Mr. Krebs:
This letter is sent in response to your letter dated August 14, 2007 to Mr. Jeffrey C. Hart and Mr.
Tom Gamelin regarding the Notice of Continuing Violation at the Old Color -Tex WWTP which is
owned by High Rock Properties LLC.
As you know, the sludge spill that occurred in November of 2006 at our site was caused by F.C.
Development personnel. F.C. Development at that time pledged to me that they would
remediate the sludge spill. After receiving your letter, I have had numerous conversations with
the principals of F.C. Development, Mr. Tom Gamelin and Mr. Doug Thomas. Mr. Gamelin and
Mr. Thomas pledged to me that they would focus all of their efforts on removing the balance of
the sludge from the tributary prior to the September 14, 2007 deadline.
I regret that the cleanup was not completed on a more timely basis but I am in regular contact
with Mr. Gamelin, Mr. Thomas and Mr. Wes Bell, of the Division of Water Quality, to ensure that
the cleanup is progressing on a basis that will have the balance of the sludge removed from the
tributary prior to the September 14, 2007 deadline.
Thank you and should you have any further questions, please do not hesitate to email me at
[e-mail] or to phone me at 704-640-1215.
Sincerely,
'0�e ///. ""�
David L. Risdon
Chief Executive Officer
cc: Mr. Wes Bell

-7
M1�
� f�l
0a
P R© P E R T I E S L L C
9911 Rose Commons Drive, Suite E-132
Huntersviiie, NC 28078
September 14, 2007
Mr. Robert B. Krebs
Regional Supervisor
Division of Water Quality
Surface Water Protection Section
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Krebs:
We met Mr. Bell at our site today and I believe he will confirm to you that we have
successfully completed the sludge removal from the tributary at our site. As we
discussed, we would very much appreciate your considering granting an extension of
time of ten days for us to hire a qualified professional to draw up a restoration plan for
the tributary area. Once we have hired such a professional, we believe they can
provide a reasonable time line to complete the plan and then complete the restoration.
Thank you for your consideration.
Sincerr ly
David L. Risdon
Chief Executive Officer

on consultant
Subject: restoration consultant
From: "Dave Risdon" <[e-mail]>
Date: Fri, 21 Sep 2007 09:23:30 -0400
To: <[e-mail]>, <[e-mail]>
Rob and Wes — as you requested, we have hired an experienced restoration consultant. I have attached Ron's
resume. He has also already been in contact with Steve Chapin and is meeting with Steve at the site next
Tuesday. Ron will be in a position next week to provide to you an estimate as to when he will complete the
restoration plan and how long he reasonably estimates it will take to complete the plan. Please email or call if you
have any questions. Thanks — Dave
High Rock Properties LLC
www.racehighrock.com
Dave Risdon
Chief Executive Officer
704-640-1215
[e-mail]
Content -Type: application/msword
Ron Gentry resume.doc'
Content -Encoding: base64

15644 Oxydendrum Hill Lane Phone [phone]
Davidson, NC 28036 E-mail [e-mail]
J. Ron Gentry
Present-2/2005-(Retired)-Self employed Parks and Greenway Consultant. Providing
construction observation, inspection and project management for General
Contractors. Appointed member of Mecklenburg County Park & Recreation's
Greenway Advisory Council and the Town of Davidson Greenway, Trails and
Bikeways Advisory Council.
2/2005-1992-Mecklenburg County Park & Recreation Department; job title —Team Leader
Greenway Construction and Maintenance -Park Services Division. Position
responsible for working with Park Planners, Administration Staff, Park Services
Managers, Park District, Real Estate Service Project Managers, contract Landscape
Architects, Engineers, Environmentalists and the general public. This responsibility
was to provide experienced and practical solutions to Greenway, Park and site work
projects; while maintaining an ecological and attractive setting. Supervised staff in
the layout and construction of the Mallard/Clark Creek Greenway, McMullen Creek
Greenway; the Lower McAlpine Greenway and boardwalk; and the Campbell Creek
Greenway. Lead the construction of the wetland enhancements and restoration at
Lower McAlpine Creek Greenway, a NC Clean Waters Project. Worked with
Mecklenburg County Storm Water and the Wetlands Contractor on the Little Sugar
Creek Stream Restoration and Greenway; Westfield Section
1992-1989 - City Of Charlotte -Park and Recreation Department, job title -Field Operations
Supervisor -Construction. Position was responsible for all in-house park
construction; street tree planting; large landscape projects; irrigation; installation and
maintenance; playground installation and maintenance; inspection of work
completed by contractors on park construction, street tree and landscape projects;
playground installation and renovations; tennis court and athletic field construction,
renovations and repairs
1989-1975 - City of Winston-Salem, NC -Park and Recreation Department -job title —Assistant
Parks Superintendent — Position responsible for all in house park construction
projects, including park grading, shelter and restroom construction, Greenway
construction, managing Federal Jobs Bill crews, City wide parks mowing and turf.
Assisting the Landscape Planner in the development of park and public
landscapes and street tree programs. Prepared plans and specifications for
tennis court construction. Designed, bid and inspected irrigations projects.
Supervised staff in the layout.and construction of Hine Park; Salem Creek
Greenway; Russell Park athletic fields and shelter; Hobby Park — "Soap Box
Derby Track" and shelter. Supervised maintenance of Bowman Gray Stadium, a
flat % mile NASCAR sanctioned track.
Additional Qualifications- Possess North Carolina Pesticide Applicator License.
Active licensed Sports Car Club of America Divisional Race Steward. SCCA
member since 1983, member of both North Carolina and Central Carolinas Regions.

Michael F. Easley, Governor`—
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 26, 2007
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4140
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street
Suite 1900
Charlotte, North Carolina 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4157
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Subject: Extension Request
Old Color -Tex WWTP
Rowan County, N.C.
Dear Mr. Hart and Mr. Gamelin:
Coleen H. Sullins, Director
Division of Water Quality
On September 14, 2007, staff of the Mooresville Regional Office (MRO), Division of Water Quality
(DWQ) performed a follow-up investigation at the subject facility to assess the cleanup operations for the removal
of the illegally discharged sludge (Violation of 15A NCAC 02B .0211). DWQ Staff observed that the accumulated
sludge, from the illegal discharge that occurred on November 27, 2006, to the unnamed tributary to the Yadkin
River, has been sufficiently removed.
A deadline of September 14, 2007, was imposed by the Division requiring all cleanup activities and
restoration efforts to the tributary be completed by September 14, 2007. The MRO acknowledges that the sludge
removal activities, from the illegal discharge, were accomplished within the time frame allowed. The restoration
activities were not accomplished.
On September 14, 2007, the MRO received a request for an extension to the September 14, 2007,
deadline to begin restoration activities by hiring a restoration consultant and preparing a site restoration plan. Your
request has been reviewed by the MRO.
By this letter you are hereby granted an extension until October 31, 2007 to submit, to the MRO, a site
restoration plan to repair the areas disturbed as a result of the illegal discharge and as a result of the removal of the
illegal discharge.
1617 Mail Service Center Raleigh, NC 27699-16117 919-733-7015 (Telephone) Customer Service 800-623-7748

Should you have questions, please do not hesitate to contact Mr. Wes Bell, or me at [phone].
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Dave Risdon, High Rock Properties, LLC
Rick Shiver, Assistant Director of Regional Operations, DWQ
Andrew Pitner, Regional Supervisor, DWQ/APS
Rowan County Health Department

P R O P E R T I
October 18, 2007
Mr. Robert B. Krebs
Surface Water Protection Regional Supervisor
NCDENR
Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Krebs:
E S L L C
� R
Fmw 1W.
A=Q11RN7,
nI�
�. � � 10114;0
C CT 18 2007
NC DENR MRO
Attached please find our Tributary Restoration Plan, completed by Mr. Ron Gentry. After discussing the Restoration Plan
with Mr. Gentry, we would propose that the Restoration and Soil Removal portions of the Plan be completed within 45
days of your approval of the Plan.
However, we will not be able to commence the live staking and planting of bare rooted seedlings of the native wetland
species trees until the soil removal and seeding segments of the Restoration Plan are completed and the temperature and
soil moisture is favorable. Mr. Gentry therefore suggests that this latter portion of the Restoration Plan commence on
January 1, 2008 and be completed by January 30, 2008.
Our Restoration Plan will include the removal of imported soils and the reestablishment of the original site elevation as
well as the creation of several shallow pools along the small tributary to provide for plant diversity. Should you have
questions regarding the Restoration Plan, please feel free to contact Mr. Gentry or myself. Mr. Gentry's contact
information is as follows:
15644 Oxydendrum Hill Lane
Davidson NC, 28036
Phone [phone]
Mobile [phone]
Nextel 150*137310*17
[e-mail]
Thank you.
Sincere, ,
/L
David L. Risdon
Chief Executive Officer
cc: Mr. Steven Chapin
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Ashville, NC 28801
Mr. Lloyd Pace
Erosion Control Inspector, Rowan County
By Hand Delivery

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4164
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street
Suite 1900
Charlotte, North Carolina 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4171
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Dear Mr. Hart and Mr. Gamelin:
Michael F. Easley, Gemor s
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 22, 2007
Subject: Notice of Deficiency
Colortex - Wetland Impact
Restoration Plan
Rowan County
On October 18, 2007, the Mooresville Regional Office (MRO), Surface Water Protection (SWP) Section
received the proposed restoration plan for the wetland impact at the subject site. The plan has been reviewed by
staff and the following deficiencies were noted:
■ In general, the plan failed to properly show the actual extent of the impacts to the wetland and
disturbed areas. The plan lacked the detail necessary to fully explain and diagram the restoration
of the impacted areas.
■ The plan's restoration area did not go up stream far enough to encompass the entire area of
impact.
■ The plan failed to include a direction arrow or stream flow direction.
■ Insufficient detail. Basic land marks at the site should be included in the
plan to provide scale and location (power line, culverts, pond, current entrance to area)
• Overlay impact area on the pre-existing conditions.
■ Overlay proposed restoration area on current conditions. Also, identify the disturbed/impact area
in relation to the wetland
boundary.
• Live stakes shall be planted at 380 trees/acre. However, the tree list and seed mix
submitted is satisfactory.
NDAhCarolina
Natm"4
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org
623-6748 FAX [phone]-
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10%a Post Consumer Paper

Page 2 of 2
• The plan must identify the wetland boundary.
■ The plan must identify the elevation that is to be restored.
• The plan must contain an acceptable and standard monitoring plan to ensure the stability and
success of the restoration.
The plan must identify any abbreviations used on the plan.
■ Based on aerial photos, it appears the area was more wooded than indicated on the plan. Shrubs
(rosemallow, hibiscus moscheutos - based on previous site visits) appeared to dominate the
landscape under the power line and adjacent to the pond.
Enclosed are examples of previous restoration proposals that have been deemed acceptable by the MRO.
Be reminded that you must notify and obtain approval from any other state or local agency prior to commencing
with the work at the site.
. A complete restoration plan is due in this office on or before October 31, 2007 as identified in the
Division of Water Quality's letter dated September 26, 2007.
If you have any questions, please contact Mr. Alan Johnson or me at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Enclosures
cc: David Risdon - High Rock Properties (with attachments)
Ron Gentry (with attachments)
Steve Chapin, USACE Asheville Regulatory Field Office
Shelton Sullivan, Compliance/Enforcement
Loyd Pace, Erosion Control, Rowan County
Zahid Kahn, MRO, Land Quality
Central Files

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4195
David L. Risdon
Registered Agent for High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 28078
CERTIFIED MAIL
RETURN RECEIPT REQUESTER
7003 2260 0001 3494 4201
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North'.arolina 28146
l'
Subject: Restoration Plan Approval
Colortex - Wetland Impact
Restoration Plan
Rowan County
Dear Mr. Hart and Mr. Gamelin:
On October 30, 2007, the Mooresville Regional Office (MRO) received the second draft of the proposed
restoration plan for the wetland impact at the noted site. The plan has been reviewed and this office finds it
acceptable. However, please note the following comments/reminders:
■ The tree species and seed mixes submitted in your October 30, 2007 restoration plan is
satisfactory. However, live stakes shall be planted at a rate 680 trees/acre. Shrubs should be
included in the planting list as discussed with Mr. Ron Gentry. Specifically, Rose Mallow
(Hibiscus moscheutos) was noted as the dominant species in the power line right of way and
must be include on the planting list.
® The eastern "border" of the pond, that was impacted to remove sludge, adjacent to I-85 must be
reestablished and planted as discussed with the MRO staff and Mr. Gentry.
® Ground elevation shall be reestablished to the pre-existing conditions. Elevations will be based on
the elevations depicted on the October 30, 2007 restoration plan. Any deviations will be
coordinated with the MRO Surface Water Protection Section. After all grading, planting and
wetland restoration activities have been completed, a completed site plan, with elevations, will be
required in the following quarterly monitoring report.
® Visual monitoring must be conducted quarterly (February, May, August, November) following
the initial planting for the first year and semi-annually for the second year. Site visits must be
No�rthCarolina
,Vaiura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]-
623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Page ? of 2
conducted to determine success rates. A report on the success rates shall be submitted (with
photos) to DWQ within 30 days following each quarterly site visit.
The hydrology of the area shall be maintained and the vegetation shall survive. Survivability
will be based on 340 stems/acre after a two (2) year monitoring period. No visual evidence of
instability, erosion, or subsidence shall be observed in the project area. Failure of any restoration
actions or plantings will require further restoration, replanting, etc. If the surviving vegetation
densities are below the required thresholds (50%) after the two-year monitoring period, the site
may still be declared successful at the discretion of and with written approval from the NC
Division of Water Quality
Any soil removed from the wetland should be temporarily stockpiled and stabilized, in the area
labeled "Borrow Area" in the October 30, 2007 restoration plan, to allow commencement of the
restoration plan. No soil may be moved beyond the borrow area or the wetland boundary (as
depicted on page 2 of 3 in the October 30, 2007 restoration plan) unless approval has been
received by Rowan County Environmental Services Division.
This restoration plan approval is only for the specific site areas identified in your October 30, 2007,
restoration plan submittal. All restoration activities and plantings must be completed within 90 days from
receiving approval to proceed from Rowan County's Planning and Development Division. Upon completion of
restoration and planting work, please notify Alan Johnson at 704-663-1699 to schedule an inspection date.
Be reminded that you must notify and obtain approval from any other state or local agency prior to
commencing with the work at the site. If you have any questions, please contact Mr. Johnson at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Ron Gentry
Steve Chapin, USACE Asheville Regulatory Field Office
Shelton Sullivan, Compliance/Enforcement
Llovd Pace, Erosion Control, Rowan County
Zahid Kahn, MRO, Land Quality
Linda Culpepper, Division of Waste Management
Central Files

qj
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001.3494 4195
David L. Risdon
Registered Agent for High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 28078
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4201
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Subject: Restoration Plan Approval
Colortex - Wetland Impact
Restoration Plan
Rowan County
Dear Mr. Hart and Mr. Gamelin:
On October 30, 2007, the Mooresville Regional Office (MRO) received the second draft of the proposed
restoration plan for the wetland impact at the noted site. The plan has been reviewed and this office finds it
acceptable. However, please note the following comments/reminders:
■ The tree species and seed mixes submitted in your October 30, 2007 restoration plan is
satisfactory. However, live stakes shall be planted at a rate 680 trees/acre. Shrubs should be
included in the planting list as discussed with Mr. Ron Gentry. Specifically, Rose Mallow
(Hibiscus moscheutos) was noted as the dominant species in the power line right of way and
must be include on the planting list.
■ The eastern "border" of the pond, that was impacted to remove sludge, adjacent to I-85 must be
reestablished and planted as discussed with the MRO staff and Mr. Gentry.
Ground elevation shall be reestablished to the pre-existing conditions. Elevations will be based on
the elevations depicted on the October 30, 2007 restoration plan. Any deviations will be
coordinated with the MRO Surface Water Protection Section. After all grading, planting and
wetland restoration activities have been completed, a completed site plan, with elevations, will be
required in the following quarterly monitoring report.
13 Visual monitoring must be conducted quarterly (February, May, August, November) following
the initial planting for the first year and semi-annually for the second year. Site visits must be
No�rthCarolina
vVatmwlly
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]-
623-6748
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Page 2 of 2
conducted to determine success rates. A report on the success rates shall be submitted (with
photos) to DWQ within 30 days following each quarterly site visit.
The hydrology of the area shall be maintained and the vegetation shall survive. Survivability
will be based on 340 stems/acre after a two (2) year monitoring period. No visual evidence of
instability, erosion, or subsidence shall be observed in the project area. Failure of any restoration
actions or plantings will require further restoration, replanting, etc. If the surviving vegetation
densities are below the required thresholds (50%) after the two-year monitoring period, the site
may still be declared successful at the discretion of and with written approval from the NC
Division of Water Quality
Any soil removed from the wetland should be temporarily stockpiled and stabilized, in the area
labeled "Borrow Area" in the October 30, 2007 restoration plan, to allow commencement of the
restoration plan. No soil may be moved beyond the borrow area or the wetland boundary (as
depicted on page 2 of 3 in the October 30, 2007 restoration plan) unless approval has been
received by Rowan County Environmental Services Division.
This restoration plan approval is only for the specific site areas identified in your October 30, 2007,
restoration plan submittal. All restoration activities and plantings must be completed within 90 days from
receiving approval to proceed from Rowan County's Planning and Development Division. Upon completion of
restoration and planting work, please notify Alan Johnson at 704-663-1699 to schedule an inspection date.
Be reminded that you must notify and obtain approval from any other state or local agency prior to
commencing with the work at the site. If you have any questions, please contact Mr. Johnson at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Ron Gentry
Steve Chapin, USACE Asheville Regulatory Field Office
Shelton Sullivan, Compliance/Enforcement
Lloyd Pace, Erosion Control, Rowan County
Zahid Kahn, MRO, Land Quality
Linda Culpepper, Division of Waste Management
Central Files

Michael F. Easley, Govern
William G. Ross Jr., Secreta
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 18, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4505 9678
David L. Risdon
Registered Agent for High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 28078
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4505 9685
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Subject: Restoration Plan Approval
Colortex - Wetland Impact
Restoration Plan
Rowan County
Dear Mr. Risdon and Mr. Gamelin:
On November 15, 2007, the Mooresville Regional Office (MRO) Surface Water Protection Section
(SWP) approved, with conditions, your restoration plan for the wetland impact at the subject site. A condition of
the approval required "All restoration activities and plantings must be completed within 90 days from receiving
approval to proceed from Rowan County's Planning and Development Division".
On April 15, 2008, the MRO SWP Section received a copy of Rowan County's Planning and
Development Department's March 26, 2008, approval letter for the High Rock Raceway Erosion Control Plan —
Clearing and Grubbing. In addition, on April 16, 2008, the MRO SWP Section received a signed copy of Rowan
County's Planning and Development Department's December 19, 2007, approval letter for the High Rock
Raceway Erosion Control Plan — Wetlands Restoration. As a result of the MRO SWP's receipt of the approved
Erosion Control Plan approvals, the 90-day deadline to complete the wetland restoration and planting began April
16, 2008. The wetland restoration activities must be completed by July 15, 2008.
This letter is intended to remind you of your obligations for the restoration of the impacted wetland areas
and establish a compliance deadline. In addition, be advised that G.S. 143-215.6A provides for a civil penalty
assessment of not more than twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per
day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure
NorthCarolina
Natundly
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: nmaterquality.org FAX [phone]-
623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Page 2 of 2
a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State
that may result from the unpermitted discharge.
If you have any questions, please contact Mr. Alan Johnson at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Ron Gentry
Steve Chapin, USACE Asheville Regulatory Field Office
Lloyd Pace, Erosion Control, Rowan County
Zahid Kahn, MRO, Land Quality
Andrew Pitner, Division of Waste Management
Central Files

Michael F. Easley, Governor p
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 21, 2008
Mr. David Risdon, CEO
911 Rose Commons Drive, Suite E-132
Huntersville, NC 28078
Subject: Colortex Wetland Impact
Rowan County
Dear Mr. Risdon:
Coleen H. Sullins, Director
Division of Water Quality
On May 16, 2008, Alan Johnson and I conducted a site visit at the subject site. The site visit was
performed to review the status of your wetland restoration efforts. Although the majority of the wetland area was
inundated with water from the Yadkin River, it appeared that you made significant progress in removing the
berms located closest to the Yadkin River. However, there are remaining berms/dikes at the upper end of the area
where the stream flows into the site that require removal and restoration. We were also informed that following
the removal of the remaining berms and general touch up around the site, that the area will be ready for planting
of live stakes and seed mix. Overall, no significant issues/problems were noted at the site. We look forward to
the completed wetland restoration efforts being completed on or before the July 15, 2008 deadline.
As a side note, we were informed that S&ME have been contracted to conduct the permitting for the
404/401 requirements (application enclosed). If S&ME has any questions concerning the wetland restoration
areas or other stream/wetland impacts related matters, please feel free to have them contact Alan Johnson at the
number below.
Upon completion of the restoration, DWQ shall be notified for final approval and closure of the wetland
restoration area. Also, be advised that this Office working cooperatively with the Rowan County's Erosion
Control specialists until this matter is satisfactorily resolved. Thank you for your prompt attention to this matter.
If you have any questions, please contact Mr. Johnson or me at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Steve Chapin, USACE Asheville Regulatory Field Office (w/o attachment)
Shelton Sullivan, Compliance/Enforcement (w/o attachment)
Loyd Pace, Erosion Control, Rowan County (w/o attachment)
Doug Thomas
Zahid Kahn, MRO, Land Quality (w/o attachment)
Central Files (w/o attachment)
NorthCarolina
Natmully
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

7
A' - z f 3 S
a„
P R O P V E R T I E S/ L L C
9911 Rose Commons Drive, Suite E-132
it s 78
August 29, 2008
gREC
.a.
Mr. Alan Johnson
NCDENR
Surface Water Protection
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Johnson:
SE P '008
- r occ;l V , lobs Protection
As you requested at your last visit to the High Rock Raceway site, we inquired with
the professionals at Mellow March Farm regarding the ability to plant seed in the
shallow stream water in August. They recommended that we wait until September
to do any planting, including that to be done in the stream. Even if the stream
level is higher, the seeds planted in the stream should take and will have a better
rate of survival if planted as the weather begins to cool in September.
Waiting .until .September will -,also allow us to work with Catawba College's Center for
the Environment for our seeding and planting, in that their classes will be back in
session.
We have worked with Mellow Marsh Farm to select seeds that they feel will work
well for our. initial seeding. We will work with the Center for the Environment to live
stake tree species and other plantings. We plan on completing the seeding and
plantings by mid -October.
As we complete the seeding and plantings we will contact you to arrange a site
visit. Please contact me in the interim should you have any additional questions or
concerns. Thank you.
Sincerely,
421eLl_
David L. Risdon
Chief Executive Officer .

OV
co
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 16, 2008
CERTIFIED NIAIL: RETURN RECEIPT REQUESTED
Esprises, Ltd.
Attn: Lisa Giovanniello
6211 McNeely Road
Waxhaw, North Carolina 28173
Subject Property: NcNeely Farms Subdivision — After the Fact
Permitting Fee and PCN Sets
® INCORRECT FEE
® PCN SETS
Dear Ms. Giovanniello:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-1409
Union County
ILLm
p( 1i K
�F
HP 18 ?fin
Er Al-
On September 16, 2008, the Division of Water Quality (DWQ) received your application dated
September 15, 2008 for the above referenced project. The DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive five copies of the additional information requested
and/or fee below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information and/or fee so that we may continue to review your project.
Additional Information Requested:
® Incorrect permitting fee amount. Your check # 01681 for $575.00 is herein enclosed for fee
correction. DWQ does not retain any payment unless it is in the correct amount. Please remit
$570. Please note that beginning July 1, 2007, the N.C. General Assembly passed an increase
for application fees for all regulatory programs administered by DWQ. The director of DWQ
determined that the fee increase would specifically become effective for the 401 Program on
September 1, 2007.
The fee for applications is $240 for projects impacting less than an acre of wetland and less than
150 linear feet of streams whether intermittent or perennial). For projects impacting one or more
acres of wetland or 150 or more feet of streams (whether intermittent or perennial), the fee is
$570.
® DWQ requires five (5) complete PCN applications and associated maps sets to begin the review and
approval process. Please submit four (4) more PCN application sets. Only one (1) PCN was
provided with the map and narrative overview sets.
North Carolina
401 Oversight/Express Review Permitting Unit NQtmrall('
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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Carolina Secretary of State
http://www. s ecretary. state.nc.us/corporations/Corp. aspx?P itemId=7 8...
CORPORATIONS
North Carolina
Elaine F. MarshallDEPART ME '� T °r T�4E
Secretary = ECRE rA, of��- T A.TE
Corporations Home
Search By Corporate Name
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PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 8/13/2007
Click here to:
View Document Filings I
%Print apre-populated Annual Report
Form I Annual Report Count I File an Annual
Report I
Corporation Names
Name Name Type
NC High Rock Legal
Properties LLC
Limited Liability Company Information
SOSID:
0804019
Status:
Current -Active
Date Formed:
9/22/2005
Citizenship:
Foreign
State of Inc.:
DE
Duration:
Perpetual
Registered Agent
Agent Name:
Registered
Office Address:
Registered
Mailing
Address:
Principal Office
Address:
Hart, Jeffrey C.
101 N. Tryon Street, Suite
1900
Charlotte NC 28246
101 N. Tryon Street, Suite
1900.
Charlotte NC 28246
276 Washington Street,
PMB # 322
Boston MA 02108
Principal Mailing 276 Washington Street,
Address: PMB # 322
Boston MA 02108

Page 1 of 1
North Carolina
Elaine F. Marshall DEPARTMENTOFTHE
Secretary SECRETARY of .STATE
Corporations
*Corporations Home
*Important Notice
*Corporations FAQ
*Tobacco Manufacturers
*Dissolution Reports
*Non -Profit Reports
*Verify Certification
*Online Annual Reports
*KBBE B2B Annual Reports
Links
*Secretary Of State Home
*Register for E-Procurement
*Dept. of Revenue
*SOSID Number Correction
Legislation
*1999 Senate Bills
*2001 Bill Summaries
*Annual Reports 1997
Corporations 1997
Search
*By Corporate Name
*For New Corporation
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Online Orders
*Start An Order
*New Payment Procedures
Contact Us
*Corporations Division
*Secretary of State's web,site
Print
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*Hide Menu
PO Box 29622 Raleigh, NC 2762"622 (919W7-2000
Date: 12/8/2006
Click here to:
View Document Filings
M71Print apre-populated Annual Report Form I Annual Report Count I File an
Annual Report
Corporation Names
Name Name Type
NC High Rock Properties Legal
LLC
Limited Liability Company Information
SOSI D: 0804019
Status: Current -Active
Date Formed:
9/22/2005
Citizenship:
Foreign
State of Inc.:
DE
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing Address:
Principal Office Address
Principal Mailing Address:
Hart, Jeffrey C.
101 N. Tryon Street, Suite 1900
Charlotte NC 28246
101 N. Tryon Street, Suite 1900
Charlotte NC 28246
276 Washington Street, PMB # 322
Boston MA 02108
276 Washington Street, PMB # 322
Boston MA 02108
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
L...._.��---------,.....�_i..............,....,...,.fin,......,...,.+: ,./r....... ,, ,,..._ 0D.4-_...T,7-'1Q7'N1A'7 1IQ io nn.<

Page 1 of 1
North Carolina
Elaine F Marshall D E PARTM ENT aFTHE
Secretary SECRETARY O TAT
Corporations
*Corporations Home
+Important Notice
*Corporations FAQ
*Tobacco Manufacturers
*Dissolution Reports
*Non -Profit Reports
*Verify Certification
*Online Annual Reports
*KBBE B28 Annual Reports
Links
*Secretary Of State Home
*Register for E-Procurement
*Dept. of Revenue
*SOSID Number Correction
Legislation
*1999 Senate Bills
*2001 Bill Summaries
*Annual Reports 1997
*Corporations 1997
Search
*By Corporate Name
*For New Corporation
*By Registered Agent
Online Orders
*Start An Order
*New Payment Procedures
Contact Us
*Corporations Division
*Secretary of State's web site
Print
*Printable Page (New Window)
*Printable Page (This Window)
*Hide Menu
PO Box 29622 Raleigh, NC 2762"622 (919W7-2000
Date: 12/8/2006
Click here to:
View Document Filings
Print apre-populated Annual Report Form I Annual Report Count File an
Annual Report
Corporation Names
Name Name Type
NC F.C. Development LLC Legal
Limited Liability Company Information
SOSI D:
0804156
Status:
Current -Active
Date Formed:
9/23/2005
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing Address:
Principal Office Address:
Principal Mailing Address:
Gamelin, Tom
2220 Long Ferry Rd
Salisbury NC 28146
2220 Long Ferry Rd
Salisbury NC 28146
No Address
No Address
For questions or comments about the North Carolina Secretary ofState's web site, please send e-mail to Webmaster.

SOSID: 804156
Date Filed: 9/23/2005 9:12:00 AM
Elaine F. Marshall
North Carolina Secretary of State
State of North Carolina C200526500021
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: F. C. DEVELOPMENT LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit...on the duration of the limited liabiljt company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both. Note: This document must be signed by all persons listed here).
TIMOTHY HARRELL DOUG THOMAS TOM GAMELIN
4
5.
6.
7.
277 W. A. GRUBB RD 2220 LONG FERRY RD 2220 LONG FERRY RD
LEXINGTON NC 27295 SALISBURY NC 28144 SALISBURY NC 281*$4
ORGANIZER AND MEMBER ORGANIZER AND MEMBER ORGANIZER AND MEMBER
The street address and county of the initial registered office of the limited liability company is:
Number and Street 2220 LONG FERRY RD
City, State, Zip Code SALISBURY, NC 28146
County ROWAN
The mailing address, ifdifferentfrom the street address, of the initial registered office is:
The name of the initial registered agent is: TOM GAMELIN
Principal -office -information: (Select either a orb)
a. ❑ The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street_
City, State, Zip Code.
County
The mailing address, if different from the street address, of the principal office of the corporation is:
b. R] The limited liability company does not have a principal office.
,a��:,..;... :... .. ..:....

8.
6
10.
Check one of the following:
✓ (i) ers by virtue of their status as members shall be
Member -managed LLC: all memb
managers of this limited liability company•
_ Manager -managed LLC: except as provided a er by virtue oaf her statuson as
he
(11) g �, an shall not be managers y
members of this limited liability company
members.
An other provisions which the limited liability company elects to include are attached.
y
These articles will be effective upon filing, unless a date and/or time is specified:
This is the I day of SE_ MBER 2005
F. C. DEVELOPMENT LLC
igna ure
ORGANIZER WAS
_ Type or Print ame and Title
ORf3i4NIZER
MEMBER
;2Z
Rt�IINIZER
All
1 - Filing fee is $125. This document must be filed with the Secretary of State.
P.O.Box 29622 RALEIGK NC 27626-0622
C(Form L-01)
����pTIONS DIVISION
01;te%,i_IJa► wry 2002) Instructions for Filing
W.
�,

SOSID: 804019
Date Filed: 9/22/2005 2:18:00 PM
Elaine F. Marshall
North Carolina Secretary of State
State of North Carolina C200526400332
Department of the Secretary of State
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY COMPANY
Pursuant to §57C-7-04 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a
Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following:
1. The name of the limited liability company is High Rock Properties LLC;
and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited
liability company wishes to use is
2. The state or country under whose laws the limited liability company was formed is: Delaware
3. The date of formation was September 26, 2001 ; its period of duration is: perpetual.
4. Principal office information: (Select either a or b.)
a. ® The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street: 276 Washington Street, PMB 4322
City, State, Zip Code: Boston, Massachusetts 02108 County: Suffolk
The mailing address, if different from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
5. The street address and county of the registered office in the State of North Carolina is:
Number and Street: 101 N. Tryon Street, Suite 1900
City, State, Zip Code: Charlotte, North Carolina 28246 County: Mecklenburg,
6. The mailing address, if different from the street address, of the registered office in the State of North Carolina is:
7. The name of the registered agent in the State of North Carolina is: Jeffrey C. Hart
CORPORATIONS DIVISION
(Revised January 2002)
P. O. BOX 29622 RALEIGH, NC 27626-0622

APPLICATION FOR CERTIFICATE OF AUTHORITY
Page 2
8. The names, titles, and usual business addresses of the current managers of the limited liability company are:
(use attachment if necessary)
Name Business Address
David L.'Risdon 276 Washington Street, PMB #322, Boston, MA 02108
Barbara L. Ames 276 Washington Street, PMB 4322, Boston, MA 02108
J. Frank McGuire 276 Washington Street, PMB #322, Boston, MA 02108
9. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be
less than six months old. A photocopy of the certification cannot be accepted.
10. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the
resolution of its managers adopting the fictitious name is attached.
11. This application will be effective upon filing, unless a delayed date and/or time is specified:
This the day of September, 2005
HIGH ROCK P PERTIES LLC
nature oj.Mana !S �—
Notes:
I. Filing fee is $250. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P. O. BOX 29622
Type or Print Name
RALEIGH, NC 27626-0622
(Revised January 2002)
(Form L-09)

r1l
.DeCaware PAGE 1
The First State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "HIGH ROCK PROPERTIES LLC" IS DULY
FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHOW, AS OF THE FIFTEENTH DAY OF SEPTEMBER, A.D. 2005.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE
BEEN PAID TO DATE.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "HIGH ROCK
PROPERTIES LLC" WAS FORMED ON THE TWENTY-EIGHTH DAY OF
SEPTEMBER, A.D. 2001.
3442091 8300
Harriet Smith Windsor, Secretary of State
AUTHENTICATION: 4157074
050755446
DATE: 09-15-05

TopoZone - USGS Salisbury (NC) Topo Map
Page 1 of 1
0 0.1 0.2 0.3 0.4 0.5 km r
0 0.09 0.18 0.27 0.36 0.45 mi
L UTM 17 554674E 3952469N (NAD27)
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Rowan Co, NC -- Printable Map
Page 1 of 1

Rowan Co, NC -- Printable Map
Page 1 of 1
Rowan County GIS
DISCLAIMER: This information was prepared from the Rowan County, NC Geographic Information System. Rowan
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by the user.
Rowan County makes no warranty or other assertion as to the fitness of the maps for any particular purpose and
neither Rowan County nor it's agents or employees shall be liable for any claim alleged to have resulted from any use
thereof.
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
AQUIFER PROTECTION SECTION
September 26, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street, Suite 1900
Charlotte, NC 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, NC 28146
RE: On Site Sludge from the Old Colortex / NC
Finishing Wastewater Treatment Plant
Spencer, Rowan County
Dear Mr. Hart and Mr. Gamelin:
It is our understanding that you have completed removal of sludge from the on site stream/wetland
area, that was spilled in November 2006. This sludge is regulated by the State of North Carolina under
the General Statutes 15 NCAC Subchapter 02T Rules.
By this letter, we request that you submit a final disposal plan for all sludge at the site (sludge
remaining in the basins and sludge from the stream/wetland area now in temporary storage in the former
digesters) within 30 days of receipt of this letter. Please note that you should not move or remove any
sludge, anywhere on the site until we are in receipt of the aforementioned plan. As I have discussed with
Dave Risdon, sending the sludge to a landfill can be an acceptable disposal method. Your disposal plan
should include the chosen disposal method as well as provisions for representative sampling and any
treatment, such as dewatering or solidifying of the sludge, necessary for final disposal.
Be advised that North Carolina General Statutes provide .for civil penalty assessment of up to
$25,000 per day per violation as well as criminal penalties for violations of state environmental laws and
regulations. Submittal of the disposal plan does not relieve you from any other responsibilities that you
may have with regards to local ordinances or agreements or for compliance with any other applicable
state or federal laws.
One
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: [phone] Fax: [phone] NorthCarol
ina
610 East Center Avenue, Suite 301, Mooresville, NC 28115 Internet: wNw.ncwaterauality.or. Qtll!V

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2007-03125 County: Rowan
Notification of Unauthorized Activity/Permit Noncompliance
Responsible Party: High Rock Properties, Att'n: Mr. Dave Risdon
2555 Hwy. 29 North
Spencer, NC 28146
Telephone Number: [phone]
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Property located on a 39 acre tract between I-85 and NC 150 just south of the Yadkin River (High Rock Lake);
northeast of Spencer
Description of Unauthorized Activity/Permit Noncompliance:
Unauthorized deposition of soil material on approx. 2.0 acres of wetlands resulting fromroad building
and temporary access pad placenrnt associated with a sludge cleanup operationalong a UT -Yadkin R.
Indicate which of the following apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 131 1)
Unless you have a Department of the Army permit for the above -described activity, it is a violation of federal law as
specified above. You have agreed to do no further work in waters or wetlands without the required Department of the
Army permit. Any further unauthorized work in waters or wetlands will be considered an intentional violation of
federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of
Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the
required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative
action, and may request U.S. Attorney to file suit against you. If you need further information about the Corps of
Engineers regulatory program, please contact
Steve Chapin at [phone] X224
Remedial Action Requested: As agreed to, within 30 days of the date of this notice, submit to this office an acceptable
wetland restoration plan. The plan will include replanting details, timetable, map, and discussion on how the wetlands
will be restored. As agreed to, within 90 days of this notice, the wetlands will be restored to original elevation. The
restoration will include removing fill material from the impacted wetlands and putting fill back in(in es) for F
purpose of reestablishing the original elevation in the impacted wetland area. The res 19 ipn will alsdi�o11 dnn tC
smoothing, and planting with hydrophytic woody species. 3 C rt
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signature
Project Manager Signature
Date: October 1, 2007
0 CT ® 2 2007
cc: NCDENR-DWQ (Mr. Alan Johnson); Rowan County (Mr. Lloyd Pace); Mr.
J. Ron Gentry

BF site
ainishing/Color-tex BF site
Moore <[e-mail]>
')ct 2007 15:49:11 -0500
_.lurew Pitner - MRO Aquifer Protection\'>" <[e-mail]>, "<\'Rob Krebs -
�o l' SectionV5" <[e-mail]>, [e-mail], Bruce Parris
<[e-mail]>, Trudy Mechum <[e-mail]>, Charlotte Jesneck
<[e-mail]>, Tony <Tony. Duque@ncmail. net>, Rob Gelblum
<[e-mail]>, [e-mail], Sandra Moore <[e-mail]>
Because of your agency's involvement with the above referenced brownfields site,
please find attached a letter to David Risdon, contact for the potential developer,
North Carolina Warehouse, LLL, informing him that the status of the site has been
changed from "No Further Interest" to "Ineligible". A brownfields agreement with
this potential developer or affiliate will not be forthcoming. If you have any
questions concerning the letter, please don't hesitate to contact me at 919-508-8419
or by email at [e-mail]. Sincerely,
Sandra Moore
BF Project Manager
j Content -Type: application/pdf
Colortex Notification.pdf' Content -Encoding: base64
.... ..... ._ .._........... _ . .......... .. _ .

F,
A�
NG®ENR
North Carolina Department of Environment and Natural resource
Dexier R. Nlatthews, DirC;;tor Division of Waste Management Michael F. Easley, Gove,— r
Mri':iiGm G. R„ss Jr:, Secretary
October 8, 2007
CERTIFIED MAIL RETURN RECEIPT
Mr. David Risdon
c/o High Rock Properties, LLC
8734 Brentfield Road,
Huntersville, NC 28078
Subject: Notification of Status — North Carolina Warehouse LLC
Colortex International Property
2555 Hwy 29 North
Salisbury, Rowan County
Brownfields Project Number: 09002-05-80
Dear Mr. Risdon:
A Brownfields Site Status Letter dated June 8, 2006 was sent to you changing the status
of the above referenced site from "Active Eligible" to "No Further Interest" due to inactivity of
this project. This letter is to inform you that the status of this site has now been changed from
"No Further Interest" (NFI) to "Ineligible" due to a lack of response on your part to requests
related to compliance with all applicable procedural requirements of the Brownfields Program
and failure to substantially comply with federal and state laws, regulations, and rules for the
protection of the environment (see N.C.G.S. 130A-310.32).
Our records indicate your acceptance of, on behalf of North Carolina Warehouse LLC as
prospective developer, a draft brownfields agreement (see April 4, 2005 email to Rob Gelblum).
Since that time you have not provided the following requested items necessary to move toward a
final brownfields agreement:
• A letter stating that the brownfields agreement is necessary in order to obtain the
loan for redevelopment and that the property will be used as collateral for the loan
(see 1/31/2005 LOE) that was a condition of your eligibility;
• The $2000 Brownfields fee;
• A survey plat meeting the applicable requirements;
• Updated contact information, redevelopment plans, and financial information.
401 Oberlin Road, Suite 150, Raleigh, hcrth Carolina 27699-16 46
Pi;ene 1c,.563-f;4i�0�.��.X ;i19-�..,,-�6J58! interne; �,;:nr.ncbrc�.vrfields.crg
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F-1
Mr. David Risdon
October 8, 2007
Page 2 of 2
Further, Section V of the draft brownfields agreement (dBFA) outlines assessment and
other activities to be conducted prior to use of the Property, as well as certain land use
restrictions. It has come to our attention that you have moved forward with redevelopment of the
Property without regard for the dBFA requirements which were necessary to make the property
suitable for the uses specified in the dBFA.
Of additional concern is the fact that a Notice of Violation was issued by DENR's
Division of Water Quality for an illegal discharge of sludge that occurred at the property in
November 2006. More recently it has come to our attention that a permanent restraining order
was issued by Rowan County to "cease and desist immediately any land -disturbing activity" at
the site after grading activities continued without the required erosion control plan.
For the reasons discussed above, the DENR Brownfields Program is denying eligibility
for project number 09002-05-80. The site remains in the Division of Waste Management's
Inactive Hazardous Site Branch inventory. If you have any questions concerning this
correspondence please contact Sandra Moore at 919-508-8419 or via email at
[e-mail].
Sincerely,
Linda Culpepper
Deputy Director
Division of Waste Management
cc: Central Files
EC: Andrew Pitner, DENR DWQ
Rob Krebs, DENR DWQ
Wes Bell, DENR DWQ
Bruce Parris, DENR IHSB
Trudy Mechum, DENR IHSB
Charlotte Jesneck DENR IHSB
Tony Duque, DENR Brownfields
Rob Gelblum, DOJ
Sandra Moore, DENR Brownfields
Lloyd Pace, Rowan County

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u
Rowan County Planning and Development Department.
402 North Main Street • Salisbury, N.C. 28144-4341
Building Inspections: 704-216-8619 Planning: 704-216-8588 Fax: [phone]
December 19, 2007
High Rock Properties LLC
% Dave Risdon
8734 Brentfield Rd.
Huntersville, NC 28078-5815
RE: APPROVAL LETTER — EROSION CONTROL PLAN
PROJECT NAME: WETLANDS RESTORATION
LOCATION: HWY 29
Dear Mr. Risdon:
This office has reviewed the subject erosion and sedimentation control plan only
for this area as it relates to the boundaries depicted on the disturbed area limits of the
Wetlands Restoration Plan approved by NCDENR. The plan for this area is acceptable
and this letter of approval is issued with performance reservations and the following
comments:
1. Erosion and sedimentation approval is granted only for the area
shown on the Wetlands Restoration Plan.
2. This approved plan is ONLY for the removal of dirt from the
wetlands and its stockpiling for future use on the site.
3. A pre -construction conference is REQUIRED for this restoration
project. Contact this office at least 48 hours in advance to
schedule this conference and allow time to coordinate with NC
DENR (Water Quality) to be present.
4. If any areas are disturbed other than those shown on the approved
Wetlands Restoration Plan and associated erosion and
sedimentation plan, Rowan County will IMMEDIATELY seek a
Temporary and Permanent Restraining Order.
Please be advised that Section 18-52 b. of the Rowan County Soil Erosion &
Sedimentation Ordinance states that a copy of the approved Erosion Control Plan be on
file at the job site. Also, consider this letter as serving the Notice required by G.S. 113A-

61(d) and Section 18.53 a. of that same ordinance specifying the County's right of
periodic inspection to insure compliance with the approved plan.
Rowan County's Sedimentation Pollution Control Program is performance
oriented, requiring protection of the natural resources and adjoining properties. If,
following the commencement of this project, it is determined that the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedimentation
Pollution Act of 1973 (North Carolina General Statute 113A-51 thru —66), which are set
forth in the local ordinance, this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Please note that this approval is based in part on the accuracy of the information
provided in the Financial Responsibility Form, which you have provided. You are
requested to file an amended form if there is any change in the information included on
the form. In addition, it would be helpful if you notify this office of the proposed starting
date for this project.
Please find enclosed additional information regarding regulatory authority of the
North Carolina Department of Environment and Natural Resources relevant to this
project. Should you have any questions about these requirements, direct your inquiry to
the person indicated on the information sheet attached to the permit.
Your cooperation is appreciated and we look forward to working with you on this
project. If you have any questions, please call me at 704-216-8598.
Sincerely,
Lloyd T. Pace, CZO
Ordinance Enforcement Officer
CC: Dustin Wilson, Town of Spencer
J. Dees, County Attorney
Robert Krebbs, NCDENR
Andrew Pittner, NCDENR
Frank McGuire, High Rock Properties
Salisbury Planning and Engineering

02-14-'08 14:56 FROM -Rowan Co. Inspection 7046383130 T-555 P002/003 F-451
r�
�k ursy
Rowan County Planning and Development Department
402 North Main Strcct • Salisbur%-. N.C. 28144-4341
Baild ng hispections: 704-216-8619 plarnl ng; 76 4-216-8588 pax: 704-638-3130
December 19, 2007
High Rock Properties LLC
Vo Dave Risdon
8734 Brentlield Rd.
Huntersville, NC 28078-5815
RE: APPROVAL LETTER — EROSION CONTROL PLAN
PROTECT NAME: WET11ANDS RESTORATION
LOCATION: HWY 29
Dear W. Risdon_
This office has reviewed the subject erosion and sedimentation control plan only
for this area as it relates to the boundaries depicted on the disturbed area limits of the
Wetlands Restoration Plan approved by NCDENR_ The plan for this area is acceptable
and this letter of approval is issued with performance reservations and the following
comments:
1. Erosion and sedimentation approval is granted only for the area
shown .on the Wetlands Restoration Plan.
2, This approved plan is ONLY for the removal of dirt from the
wetlands and its stockpiling for future use on the site.
3. A pre -construction, conference is REQUIRED for this restoration
project. Contact this office at least 48 hours in advance to
schedule this conference and allow time to coordinate with NC
DENR (Water Quality) to be present.
4. If any areas are disturbed other than those shown on the approved
Wetlands Restoration Plan and associated erosion and
sedimentation plan, Rowan County will DOW- DIATELY seek a
Temporary and Permanent Restraining Order.
Please be advised that Section 18-52 b. of the Rowan County Soil Erosion &
Sedimentation Ordinance states that a copy of the approved Erosion Control Plan be on
file at the job site. Also, consider this letter as serving the Notice required by G.S. 113A.-

02-1,4-'08 14:56 FROM -Rowan Co. Inspection 7046383130 T-555 P003/003 F-451
61(d) and-Sectiony-18.53 -a:-ofthat same ordinance specifying the County's right of
periodic inspection to insure compliance with the approved plan.
Rowan County's Sedimentation Pollution Control Program is performance
oriented, requiring protection of the natural resources and adjoining properties. If,
following the commencement of this project, it is determined that the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedimentation
Pollution Act of 1973 (North Carolina General Statute 113A-51 thru —66), which are set
forth in the local ordinance, this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Please mote that this approval is based in part on the accuracy of the information
provided in the Financial Responsibility form, which you have provided. You are
requested to file an amended form if there is any change in the information included on
the form. In addition, it would be helpful if you notify this office of the proposed starting
date for this project.
Please find enclosed additional information regarding regulatory authority of the
North Carolina Department of Environment and Natural Resources relevant to this
project. Should you have any questions about these requirements, direct your inquiry to
the person indicated on the information sheet attached to the permit_
Your cooperation is appreciated and we look forward to working with you on this
project. if you have any questions, please call me at 704 598.
cerely,
Lloyd T. Pace, CZO
Ordinance Enforcement Officer
CC: Dustin Wilson, Town of Spencer
r_ Dees, County Attorney
Robert Krebbs, NCDENR
Andrew Pittner, NCDENR
Frank McGuire, High Rock Properties
Salisbury Planning and Engineering
'IN

V�
02-14-'08 14:55 FROM -Rowan Co. Inspection 7046383130
T-555 P001/003 F-451
To From: Lloyd T. Pace
(Uoyd,[e-mail])
Fax (o` — {a P09'
Phone: bate:
Re:Q ]dAVA, CC: n / a
402 N Main St, Salisbury, NC 28144 704 216-8598 (Fax # [phone])

Rowan County Planning and Development Department
402 North Main Street • Salisbury, N.C. 28144-4341
Building Inspections: 704-216-8619 Planning: 704-216-8588 Fax: [phone]
March 26, 2008
High Rock Properties LLC
% Dave Risdon
8734 Brentfield Rd.
Huntersville, NC 28078-5815
RE: APPROVAL LETTER — EROSION CONTROL PLAN
CLEARING & GRUBBING
PROJECT NAME: HIGH ROCK RACEWAY
LOCATION: HWY 29
REC"D PLANS: FEBRUARY 27, 2008
Dear Mr. Risdon:
This office has reviewed the subject erosion and sedimentation control plan for clearing
and grubbing. We find the plan to be acceptable and hereby issue this letter of approval with
modifications and performance reservations with the following comments:
l . Seeding must occur when an area is dormant. Entire site should not be left
dormant while work progresses through the entire site. May need to show
phases of work with a minimum of the 21-day temporary groundcover
requirement.
2. Sediment basins must be configured such that they outlet into the creeks, not
into diversions leading to another down gradient sediment basin.
3. Stream impacts are not permitted by this plan. Local approval will still be
required in addition to the DENR 401 permits. Need a copy of this approval
for file.
4. Sediment basin #26. May need to install temporary diversion upslope from
silt fence directing runoff into sediment basin #27 and minimizing flow to silt
fence.
5. Sediment basin #24. May need to install temporary diversion along top of
slope (southwest of sediment basin 424) to ensure that runoff reaches
sediment basin.
6. Appears to need some protection for area down gradient of sediment basin
424.
7. May need some type of armored outlet due to the steepness of slopes for
sediment basins 923 and 424.
8. Sediment basin #26 diversion is bucking grade.

9. A pre -construction conference is MANDATORY for this project. Contact
this office at least 48 hours in advance to schedule this conference and allow
time to coordinate with NCDENR (Water Quality and Aquifer Protection) to
be present.
Please be advised that Section 18-52 b. of the Rowan County Soil Erosion &
Sedimentation Ordinance states that a copy of the approved Erosion Control Plan be on file at the
job site. Also, consider this letter as serving the Notice required by G.S. 113A-61(d) and Section
18.53 a. of that same ordinance specifying the County's right of periodic inspection to insure
compliance with the approved plan.
Rowan County's Sedimentation Pollution Control Program is performance oriented,
requiring protection of the natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Act of 1973 (North Carolina
General Statute 113A-51 thru —66), which are set forth in the local ordinance, this office may
require revisions to the plan and implementation of the revisions to insure compliance with the
Act.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you have provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project.
Please find enclosed additional information regarding regulatory authority of the North
Carolina Department of Environment and Natural Resources relevant to this project. Should you
have any questions about these requirements, direct your inquiry to the person indicated on the
information sheet attached to the permit.
Your cooperation is appreciated and we look forward to working with you on this project.
If you have any questions, please call me at 704-216-8598.
Sincerely,
Lloyd T. Pace, CZO
Ordinance Enforcement Officer
Eric: NPDES General Permit
CC: Dustin Wilson, Town of Spencer
J. Dees, County Attorney
Robert Krebbs, NCDENR
Andrew Pittner, NCDENR
Frank McGuire, High Rock Properties
Salisbury Planning and Engineering

high rock properties
Subject: high rock properties
From: "Chapin, Stephen SAW" <[e-mail]>
Date: Wed, 4 Jun 2008 09:08:13 -0400
To: "Alan Johnson" <[e-mail]>
CC: "Dave Risdon" <[e-mail]>
Alan:
The following is a summarization of my meeting with High Rock Properties, Lloyd Pace (county), and Daryl
Wagoner (Salisbury Eng.) on June 2, 2008:
First Part of Meeting
Told High Rock that the wetland restoration is not finished until the rest of the fill removed. There are still "fingers"
and pads of fill within the wetland area that need to be removed by maybe another 6-12" to get area back down to
original grade. High Rock said they would get this done ASAP.
Also, now it is too late for plantings and this will need to be done in the Fall. I told them this would be all right and
that getting the elevations right is the highest priority right now. Until the fill is removed and the wetlands planted,
we will not retire the file.
Second Part of Meeting
Looked at all of the crossings for the race track and also the sludge pond.
Crossing #1 — From RR tracks down — very dry and channel partially vegetated. Told High Rock that. this channel
was ephemeral and not in our jurisdiction.
Crossing #2 — Another channel from RR tracks down — crossing has "squashed" culvert (installed probably in the
50's) and channel is carrying flow. Told High Rock that this channel is jurisdictional.
Crossing #3 — Perennial channel on property that flows down to wetlands. This channel has an approx. 20 LF
black plastic crossing that High Rock says will be removed, the channel restored, and a spanning structure
installed outside of our jurisdiction.
Crossing #4 — Dry (now), intermittent channel that does have bed, bank, and ordinary high water mark. Told High
Rock this channel is jurisdictional. They said that if they cross this channel they will do it with a spanning structure.
Crossing #5 — Across field from #4, is intermittent but does have flow and is jurisdictional. Pipe for crossing has
been removed already. I told them this crossing needs stabilization with mulch and vegetation and that some small
dirt piles in channel need immediate removal. Also, told them another black plastic pipe off to the side of the
channel should also be removed. High Rock said they would do the above referenced work and also span this
crossing if needed.
With regards to sludge pond, Mr. Risdon said that 95% of sludge has been removed and deposited on high
ground. Currently, the sludge ponds are partially filled with rain water. They seemed partially confused with
regards to further vegetation needed and that they should talk to you about this.
Hope I covered everything.
Best regards, Steve C.
_r, Fiv?nnQ I.n7 PT%A

colortex
Subject: colortex
From: Alan Johnson <[e-mail]>
Date: Thu, 18 Oct 2007 16:52:10 -0400
To: Rob Krebs <[e-mail]>, Donna Hood <[e-mail]>, Wes Bell
<[e-mail]>
Have reviewed the plan... the following is required:
--The plan doesn't seem to match the actual condition. It wasn't a cylindrical
flow/impact.
--Overlay of project area to the existing conditions, landmarks: culverts, power
lines, entrance to area, pond
--Live stakes (trees) shall be planted at 380/acre. (The list submitted is fine, as
well as the seed mix)
--Basic Landmarks ID: Culvert from I-85 (near the pond), the entrance down to the
site, the pond
--Direction Arrow
--"Marshmallow" included in plant list. 1
--Elevations ID that are to be restored. (there should be a slight gradient from up to
down stream)
--Wetland boundary ID (area of restoration). It may be prudent to show the
"disturbed" area and the wetland area for clarification.
--Monitoring plan: Visual monitoring conducted quarterly following the first year of
completion and semi annually for the second year and report submitted (with photos) to
DWQ following each inspection. The hydrology shall be maintained and the vegetation
shall survive. No visual evidence of instability, erosion, or subsidence shall be
observe in the project area. Failure of any area wii require further work.
--ID abbreviations (i.e. "SF")
--Doesn't appear that the work goes far enough upstream (hard to tell since, no
landmarks to orient oneself)
In general more detail information regarding the project.
Wes/Donna ... pass along comments to Rob
Thanks
Alan Johnson.-
North Caro
Div. of Wa
610 E . Cen",
Mooresville �/ I
Ph: (704) E
1 of 1 10/18/2007 4:56 PM

[Fwd: High Rock Raceway Secures $30 Million Construction Loan]
Subject: [Fwd: High Rock Raceway Secures $30 Million Construction Loan]
From: Marcia Allocco <marcia. allocco@ncmail. net>
Date: Wed, 06 Aug 2008 16:35:24 -0400
To: Alan Johnson <[e-mail]>
Marcia Allocco - [e-mail]
Environmental Chemist
North Carolina Department of Environment & Natural Resources
Division of Water Quality - Surface Water Protection Group
610 East Center Ave., Suite 301
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Subject: High Rock Raceway Secures $30 Million Construction Loan
From: susan massengale <[e-mail]>
Date: Wed, 06 Aug 2008 15:18:04 -0500
To: DWQ Clips<[e-mail]>
High Rock Raceway Secures $30 Million Construction Loan
Aug 04, 2008, ©Copyright 2008, Roadracing World Publishing, Inc.
From a press release </whatisapressrelease/> issued by High Rock Raceway:
SPENCER - High Rock Raceway.announced today that it has accepted a $30 million
construction loan commitment from Vanderbilt Commercial Lending, Inc., headquartered in
Sacramento, Calif.
The $30 million construction loan will be used by High Rock to build 120 Race Townhomes
and the 2.15-mile road course that comprise Phase I of the High Rock Raceway. High Rock
anticipates closing on the construction loan before the end of 'September and completing
construction of the track and 120 Race Townhomes by this time next year.
"We are excited to accept this loan commitment from Vanderbilt as we continue to move
forward with our project," said Rich Combs, chief operating officer of High Rock
Raceway. "We anticipate that quite soon we will be in full construction mode," said
Combs. Dan Brennan, chief executive officer of Reserve Capital LLC of Chicago, Illinois,
represented High Rock in the negotiation of the loan commitment with Vanderbilt. The
construction loan funds will be provided through Vanderbilt with commercial
mortgage -backed securities.
High Rock Raceway is being constructed on a portion of the land once occupied by the
North Carolina Finishing Mill, which housed Color -Tex at the time the plant closed. A
portion of the proceeds from the construction loan will be allocated to paying more than
$100,000 in back wages to former Color -Tex employees.
The loan commitment announcement comes on the heels of an approval of the wetland
tributary restoration by the U.S. Army Corps of Engineers. The wetland tributary will
also need to be reviewed by the North Carolina Department of Environmental and Natural
Resources (NCDENR), which Combs said he anticipates happening in the coming weeks.
Wetlands around the track, which sits on the Yadkin River, are important for flood and
water quality control. Once the NCDENR approves the wetland tributary, the final step
will be landscaping, when the weather cools this fall. Raceway officials will work with
Catawba College's Center for the Environment on this final step in the process.
"We're glad our efforts are improving the environment in the area," said Combs. "The
community will see tremendous growth with the project in the coming months, and we are

[Fwd: High Rock Raceway Secures $30 Million Construction Loan]
looking forward to construction beginning on the townhomes in the near future."
Once complete, High Rock Raceway will be the only "green" track in the nation. Its
design includes consumption -reducing materials and renewable energies and will feature
alternative fuels. The track also will be made available for free to companies and
researchers working to develop alternative fuels and vehicles.
About High Rock Raceway
High Rock Raceway will be the first and only dedicated road course in North Carolina.
This world -class road course, designed by legendary road racer Elliott Forbes -Robinson,
will feature 14 turns and span 2.15 miles. The Raceway will host both amateur and
professional car and motorcycle race events. The property is located in Spencer, North
Carolina, directly off Interstate 85 and approximately 40 minutes north of Charlotte and
45 minutes south of Greensboro.
DENR.DWQ.CLIPS mailing list
[e-mail]
Content -Type: message/rfc822
High Rock Raceway Secures $30 Million Construction Loan.emlj
Content -Encoding: 7bit
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David L. Risdon
Registered Agent for High
8734 Brenfield Road
Huntersville, NC 28078
Rock Properties LLC
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, NC 28146
Dear Mr. Risdon & Mr. Gamelin:
Michael F. Easley, Governor,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Aquifer Protection Section
January 8, 2008
Subject: Sludge Removal Plan (Version 3) for
High Rock Raceway Site
(Former NC Finishing/Colortex)
Spencer, Rowan County
We have received and reviewed the third sludge removal plan submitted to this office on January 3,
2008, for the High Rock Raceway Site. Even though there are still a few issues that are not addressed in
the latest plan, we are approving the plan with the addition of the requirements herein, by this
correspondence.
. As outlined in the plan, the Division of Water Quality requires the sludge removal from the site to be
complete by August 1, 2008. A report documenting the clean up activities shall be submitted to this
office no later than August 4, 2008. That report shall include a.description of the activities associated
with the cleanup and copies of analytical results associated with sampling. It shall also include copies of
disposal manifests or other records documenting wastewater removal from the various structures and
sludge receipt at the landfill.
Though not clearly identified in the plan, the following items shall be addressed during the clean up
process:
o As we discussed during our meeting on December 18, 2007, you will utilize a combination of
air -drying and mixing sludge with fly ash to achieve the necessary consistency of the material
for off -site transport. The balance of use of each method will be dependent on site conditions
and the established deadline to complete removal.
o Sludge samples and soil (liner material) samples shall be analyzed for TCLP metals, volatiles,
and semi-volatiles; and Total Petroleum Hydrocarbons (TPH), both gasoline (5035) and diesel
range (3550) organics.
o Wastewater samples shall be analyzed for metals, BOD, COD, and any other testing required
by the receiving Wastewater Treatment Plant.
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office
F1 n Fast Canter Avenue. Suite 301. Mooresville, NC 28115
Phone: [phone] Fax: [phone] NaoLCarolina
Internet: [e-mail] d naturally

Sludge Removal Plan
January 8, 2008
Page 2 of 2
o Documentation of sludge transport and removal shall be maintained on site such that
approximate volumes of material in various temporary storage locations shall be known daily
and an ongoing record of removing sludge/liner material/wastewater or bringing loads of fly
ash to or from the site shall be kept. This information shall be available to Division
representatives in the event of future site inspections.
o You shall immediately file a report with the Division in the event of sludge spills during
transport or resulting from inclement weather and any other conditions that may present an
imminent environmental emergency.
Approval of the sludge removal plan does not relieve you of the responsibility to ensure that on -site
activities are conducted accordance with all applicable county, state and federal laws and that waste
generated during implementation of the plan is disposed of properly.
Please be advised that failure to abide by the conditions outlined in the plan and contained in this
approval letter may subject you to assessment of civil penalties of up to Twenty -Five Thousand Dollars
($25,000) per day, per violation for noncompliance and/or criminal penalties under North Carolina
General Statutes.
If you need additional information concerning this matter or will be unable to meet the required
deadlines, please contact either Ellen Huffman or myself at [phone] prior to the deadlines.
Sincerely,
Andrew H. Pitner, P.G.
Environmental Regional Supervisor MRO APS
Enclosures:
cc: Jon Risgaard, DWQ-APS Central Office
Rob Krebs, DWQ-SWPS MRO .
Rick Shiver, Assistant Director of Regional Operations, DWQ Central Office
Jay Dees, Rowan County Attorney Office
Lloyd Pace, Rowan County Environmental Services
Daryl Wagner, Salisbury Engineering & Planning, 516-A North Main Street, Salisbury, NC 28144
Zahid Kahn, MRO-LQS
Linda Culpepper, DWM Raleigh

` CF IN A 7�9
a' r
Mr. David L. Risdon
Registered Agent for High Rock Properties LLC
8734 8renfield Road
Huntersville, NC 28078
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, NC 28146
Dear Mr. Risdon & Mr. Gamelin:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
A40f
NOV j 9 2007
DENR M
DVIM
Coleen H. Sullins, Director
itfisr©a of Water Quality
&,pr �e&on Section
November 16, 2007
Subject: Sludge Removal Plan for
High Rock Raceway Site
(Old NC Finishing/Colortex Site)
Spencer, Rowan County
We are in receipt of the Sludge Removal Plan for the High Rock Raceway, submitted to this office
on October 31, 2007. We have reviewed the plan and the Division .of Water Quality requires additional
information and revisions to the plan before the review can be completed and possible approval for work
related to the sludge can commence.
The following items shall -be addressed in the next submittal:
1. Sampling / Sludge Extent
a. The submitted plan discusses a single sludge sample result without description of how
and where that sample was collected. A single sample is not adequate to characterize
such a large volume of sludge. ' We recommend that additional sampling and testing of
the sludge be performed by a certified laboratory under guidance of a professional
engineer or geologist. We further recommend that an adequate plan will address
sludge sampling based on each storage location with representative coverage at each
of those locations (for instance, "two composite samples shall be collected from aerobic
digester #1" or "grab samples representing approximately each 20,000 sq ft of the
activated sludge lagoon will be collected"). The analytical methods used for the
submitted sample are acceptable to the Division for future analyses. Your plan should
also note that if any sludge sampling results are returned at concentrations exceeding
those for classification as hazardous waste, that work in that area will be stopped until
you have approval from the Division of Waste Management on handling and proper
disposal of that material,
b. The plan makes no reference to sampling of the liner (if one exists) or soils below the
lagoons. Please refer to the enclosed guidance on lagoon closure to prepare an
adequate sampling plan that includes both the contents (sludge) and the structures to
be closed.
c. Due to recent grading activities, the extent of sludge in the lagoons will' need to be re-
evaluated. Enclosed photos illustrating sludge extent in November 2006 and photos
taken this month indicate that grading has likely covered portions of the lagoon sludge.
One
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: [phone] Fax: [phone] No?rthCarolina
610 East Center Avenue, Suite 301, Mooresville, NC 28115 Internet:
a
y'•r_i_ nCJa_3igLlaii`�_ d vatlll'Ully

Sludge Removal Plan
November 16, 2007
Page 2 of 3
As such, your report should describe methodology (i.e. core sampling or trenching) that
will determine the vertical and lateral extent of sludge, particularly towards the edges of
the lagoons. It is possible that formerly clean fill now mixed with the sludge at the
edges of the lagoon will also have to be disposed of properly to ensure that sludge
removal from the lagoons is complete.
2. Sludge Evaluation / Temporary Sludge Storage / Disposal
a. The submitted plan makes reference to drying the sludge for final disposal at the landfill,
which is an acceptable solution to the Division. However, there is no evaluation of
sludge consistency to estimate how much drying needs to occur and no evaluation of
possible alternatives for drying the sludge in order to meet the landfill's requirements.
Your plan needs to evaluate the sludge, describe various alternatives for adequate
drying, and recommend the chosen drying method.
b. As this site was an old wastewater treatment plant, you are likely.to find more sludge in
the existing basins that you plan to demolish. Any additional sludges found in those
basins will also need to be assessed and disposed of under the revised plan, if testing
shows the sludges meet requirements consistent with the disposal methods outlined in
the plan. It is acceptable to the Division to use the existing aerobic digester basins,
which are currently full, as temporary storage during sludge removal process from the
lagoons. All other structures, such as the clarifiers or the surge basin, must undergo
sludge removal, sealing, and verification by an engineer that they are sound, before
they could be used as temporary storage for sludge from the lagoons.
c. Documentation of sludge moving onsite to temporary storage and for disposal shall be
maintained onsite and be available to Division representatives in the event of future site
inspections. A final closure report containing landfill disposal manifests shall be
submitted.
d. The top portion of sludge currently stored in what is labeled as the "existing aerobic
digester basins" needs to be removed as soon as possible to create no less than two
feet of freeboard. Any temporary sludge storage should have adequate capacity to
handle possible runoff from a 24-hour, 25-year storm event.
3. Temporary Berm / Stormwater Retention Basin / Timetable
a. The Division supports building a temporary berm to protect the wetland restoration area
from potential re-m.obilization of sludge in the lagoons by inclement weather. This
temporary berm shall be placed in the partially demolished basin where the original
lagnnn rlam was- removed. This- shall be done before any other sludcae-related
activities are started.
b. It is acceptable to the Division to use a portion of the existing lagoons for a stormwater
retention basin, if that plan is approved by Rowan County. The timing of the
construction of this new structure and the relationship to completion of sludge removal
in that area needs to be adequately described your revised report.
c. The current report uses the phrase, "undetermined amount of time" for sludge disposal
in the landfill, which is unacceptable. Please submit a revised timetable of events that
C

Sludge Removal Plan
�lovember 16, 2007
Page 3 of 3
adequately describes the sequence and timing of major phases of the sludge -related
work. We recommend that the timetable be based on days from ultimate approval by
Rowan County to commence work at the site.
Please submit your revised report that
Regional Office no later than December 7, 2007.
expedite our review to further progress at the site.
addresses the above items to the Mooresville
If the report is submitted earlier, we will be happy to
If you need additional information concerning this matter or will be unable to meet the required
deadline, please contact either Ellen Huffman or myself at [phone] prior to the deadline.
Sincerely,
Andrew H. Pitner, P.G.
Environmental Regional Supervisor MRO APS
Enclosures: Guidelines for the Closure of Treatment Ponds and Lagoons, 8/13/03
Photos of the site illustrating prior and current conditions
cc: Jon Risgaard, DWQ-APS Central Office
Rob Krebs, DWQ-SWPS MRO
Rick Shiver, Assistant Director of Regional Operations, DWQ Central Office
Jay Dees, Rowan County Attorney Office
Lloyd Pace, Rowan County Environmental Services
Daryl Wagner, Salisbury Engineering & Planning, 516-A North Main Street, Salisbury, NC 28144
Zahid Kahn, MRO-LQS
Linda Culpepper, DWM Raleigh

Page 1 of 2 Sludge Removal Plan Response - Enclosure Photos
Above, sludge in aeration lagoon in November 2006. Note the volume of sludge and that sludge
extends laterally to the edge of the steel baffle wall.. At this point the baffle wall was not
compromised by demolition/grading activity.
Below, photos from November 2007 illustrating current conditions. Note in the zoomed photo on
the right that the baffle wall was breached'and grading has apparently covered sludge along edges
and extending into both lagoons.

August 18, 2003
MEMORANDUM
ORANDU
TO: Groundwater Regional Supervisors
Permits & Compliance Unit
Operations Branch
FRONT: Arthur Mouberry, P.E.
Chief, Groundwater Section
SUBJECT: Guidelines for the Closure of Treatment Ponds and Lagoons
Purpose: The purpose of these guidelines is to protect the quality of the groundwater resources
of the state while accomplishing the closure of a treatment pond or lagoon.
Background: Man-made treatment ponds and lagoon type structures are used to contain fluids
and semi -solids for a variety of reasons. As these ponds and lagoons become no longer
necessary, the structure needs to be abandoned in an environmentally friendly manner. The
Groundwater Section's major concern with the elimination of these structures is that
groundwater remains protected both during and after abandonment. Each structure must be
considered for its unique circumstances on a case -by -case basis.
Regulations relevant to the abandonment of ponds and lagoons for ground waters of the state
include the Classifications and Water Quality Standards found in Title 15A NCAC 2L. Other
pertinent standards and regulations may be found in the DENR Land Resources regulations
pertaining to Sedimentation and Erosion Control and Dam Safety, the DENR Waste
Management regulations pertaining to the disposal of wastes and sludge, and the NCDOT
regulations pertaining to transportation of materials on public highways. Lagoons for animal
waste are regulated under the federal NRCS Standards.
Recommended Procedure:
The major elements of pond and lagoon structures include the contents, the walls, the floor and
the liner, if one exists. Each element must be characterized for its quantity and material
properties in order to prepare a closure plan. Guidelines for the preparation of this plan are
described in the following steps:
1) Collect and assemble field information by characterizing the structural elements and
liquid contents, including bottom sludge in the impoundment. Sampling will be required
in most situations, and the types of sampling and analyses will depend on factors such as
what the lagoon was used for, its construction materials (earthen, concrete, natural or
synthetic liner), and size. The samples must be representative of the medium sampled,
and the rationale for the depths, locations and number of samples should be justified and
documented in preparation of being legally defensible. The sampling must be performed
Lagoon Closure final.doc Pagel of 3

under the direction of a qualified individual and analyzed by a DWQ Certified
Laboratory.
2) Prepare and submit a Closure Plan to the DWQ regional office at least 30 days prior to
commencing deconstruction activities. This should include as a minimum:
a. the quantity and characteristics (TCLP, nutrients, metals) of the materials for
disposal (contents, walls, floor and liner), including the calculations used to
determine volumes,
b. an assessment of alternatives (actions, costs and timing) in sufficient detail to
select an optimum approach consistent with minimal groundwater impact,
c. a proposed method for removal/disposal, including the abandonment and salvage
of any physical equipment, and a timetable for the project,
d. site reclamation plan and section view of the treatment, storage and disposal
area(s),
e. vicinity map, and
f. location map to scale showing items such as the location of sampling points,
existing monitoring and supply wells (within 500 feet), depth to groundwater,
direction of groundwater. flow, roads, structures, and rock outcrops.
3) If the structure is to be retained for an ornamental pond, storage or any other function
other than for treatment, then the Closure Plan will need to demonstrate that the residuals
of treatment (e.g. physical connections, bottom sludge, coliforms, nutrients and metals)
conform to all appropriate surface water standards.
If the structure is to be abandoned in place (totally or partially), sampling of the
underlying native soil, whether it has a natural or synthetic liner, is required. If the
sampling determines that the soil is contaminated, , then the Closure Plan will need to
demonstrate, by modeling or numerical calculations, that leaving the contents and or
structure materials in place will not cause a contravention of the groundwater quality
standards in the groundwater beneath the structure. If the modeling does not demonstrate
this, than removal or treatment of the soils must be included as part of the Closure Plan.
If it were an earthen structure, the preferable approach would be to completely eliminate
the walls and incorporate the material in the existing site.
4) Any land disturbing activity associated with the closure activities that affect more than
one (1) acre of land must have an erosion and sediment control plan approved by the
LanU �UQa11Ly Oection of L11e D1V1s1V11 Vf Land 11C.Sources. 1`Nt_ kicnelal JLatute 113!^"1-
57(4) requires this plan to be submitted at least thirty (30) days prior to beginning the
land -disturbing activity.
Closure Documentation:
Lagoon Closure final.doc Page 2 of 3

Upon completion of the closure, the owner should submit documentation to the DWQ regional
office with the following:
1) A description of all actions taken and dates relative to the abandonment.
2) Copies of all pertinent correspondence with private, local, state and/or federal agencies.
3) Ultimate disposal sites with weigh tickets or processing verifications, as appropriate.
4) Certification by a Professional Engineer (PE) or Professional Geologist (PG) if the pond or
lagoon:
a) is greater than five (5) acres in total area,
b) contains hazardous substances as defined by TCLP tests, or
c) involves a breaching of a dam, which could impose a safety hazard to persons or property
below it.
Lagoon Closure final.doc Page 3 of 3

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:olor Tex lab report and no need for Hazwoper
Subject: Color Tex lab report and no need for Hazwoper
From: Steve Lewis <[e-mail]>
Date: Tue, 12 Dec 2006 11:09:58 -0500
To: Wes Bell <Wes. B [e-mail]>
CC: Jeff Poupart <[e-mail]>, Paul Rawls <[e-mail]>
That's good news. According to 40 CFR 261.24 (courtesy of Jeff), barium is considered
to be characteristically toxic at concentrations of 100 mg/l and lead at 5 mg/l, so I
think they shouldn't need to have Hazwoper since the barium is 0.2 mg/l and the lead
is 0.072 mg/l.
Wes Bell wrote:
John Lesley was in the process of contacting the environmental consultant regarding
these values. I was told by the co-owner of the cleanup crew that he was meeting a
company rep. with a vac -truck this AM to discuss prices, etc. The co-owner seemed
excited to hire this guy to assist in the cleanup efforts. From what I was told
these values don't require Hazwoper ..... thank goodness.
Steve Lewis wrote:
Doesn't look too bad. Is the cleanup contractor good to go or will they need
someone with Hazwoper training?
Wes Bell wrote:
Here are the results of the sludge analyses Ellen took of 12/1/06.
-------------------------------------- ---------------------------------
Subject:
[Fwd: ]Pace lab report
From:
Ellen Huffman <[e-mail]>
Date:
Tue, 12 Dec 2006 09:39:20 -0500
To:
John Lesley <[e-mail]>, Wes Bell <[e-mail]>
To:
John Lesley <[e-mail]>, Wes Bell <[e-mail]>
Here is the electronic version for your records.
Ellen
------------------------------------------------------------------------
From:
"Kevin Herring" <[e-mail]>
Date:
Tue, 12 Dec 2006 08:03:02 -0600
To:
<[e-mail]>
To:
<[e-mail]>
Pace will be closed Monday December 25th and January 1st, in observance of

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Memorandum:
SURFACE WATER PROTECTION
December 5, 2008
TO: John Hennessey
FROM: Robert Krebs 4 `f
PREPARED BY: Alan D. Johnson
SUBJECT: Enforcement R ommendation
Color -Tex
High Rock Properties, LLC
Violations of NCGS 143-215.1, 143-21,5.1 C (c) and 15A NCAC 2B .0211
Rowan County, NC
Enclosed is an enforcement recommendation package (Color -Tex) for violations of water
quality rules/regulations. In November 2006, this Office, in.response to a complaint, conducted an
investigation at the subject site. It was observed that sludge and wastewater had been discharged
from an inactive aeration basin into a stream, wetland, and backwater of the Yadkin River. On
December 8, 2006, a Notice of Violation and Recommendation For Enforcement (NOV/NRE) letter
was issued by the MRO for the violations. On August 14, 2007, a NOV/NRE was issued for the
continuing violations at the site.
It has been over two years from the initial release of the waste to get corrective action near
completion. Excessive staff time has been required for the site to get close to completion of the
corrective measures. Planting of seedlings is still required. The MRO is recommending enforcement
and have drafted this package for six violations of the general statutes. Four violations are for
discharging without a permit. You may wish to combine these four violations if necessary.
If you have any questions, please contact Alan or my acting supervisor, as I will be on
military leave until January 14, 2009.

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF
HIGH ROCK PROPERTIES, LLC
FOR VIOLATIONS OF
G.S 143-215.1, G.S. 143-215.1C(c) AND
15A NCAC 2B .0211
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
CASE NO.: NOV-2006-DV-0071
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.6A, I, John Hennessey, of the
Division of Water Quality (hereby known as the Division), make the following:
I. FINDING OF FACT
A. High Rock Properties, LLC (hereinafter High Rock) is the owner of record of the
tract of land formerly known as Color -Tex, located on Highway 70Business 29 in
Rowan County, North Carolina.
B. High Rock is a company organized and existing under the laws of the State of
North Carolina.
C. Mr. David Risdon is the Chief Executive Officer for High Rock.
D. On November 27, 2006, an estimated two (2) to three (3) million gallons of waste
water/sludge was released to wetland, an unnamed tributary to, and backwaters of
the Yadkin River. The discharge was not reported to the Division, nor a public
notice issued.
E. On November 30, 2006, in response to a complaint, staff conducted an
investigation at the site and observed the above noted discharge from an inactive
aeration basin at the former Color -Tex site. A release valve to the basin was
reported to have been accidentally removed/dislodged during the on -site removal
of scrap metal. Approximately 300 to 500 feet of stream was impacted and over
an acre of wetland (backwater to the Yadkin River) from the accumulation of
sludge.
F. Subsequent visits were conducted to the site on December 1", December 41n,
December 51h, and December 61h, 2006, to provide oversight and to ensure the
conditions at the site did not deteriorate further.
G. On December 8, 2006, a Notice of Violation and Notice of Recommendation for
Enforcement was issued to High Rock for violation of NCGS 143-215.1 (non -
permitted discharge of pollutants to surface waters) and NCGS 143-215.1 C(c)
(failure to notify for the discharge of waste to surface waters).

Pr
H. NCGS 143-215.1(a) states a permit is required for the following: (#1) construct an
outlet to waters of the State, (#6) to cause or permit any waste directly or
indirectly to be discharged to waters of the state, and (#9) to dispose of sludge
resulting from the operation of a treatment works.
I. NCGS 143-215.1 C(c) states that the owner of a permit shall issue a notice for a
non -permitted discharge.
J. On August 14, 2007, a Notice of Violation and Notice of Recommendation for
Enforcement was issued for the continuing violation of NCGS 143-215.1 and
violation of 15A NCAC 02B .0211. A deadline of September 14, 2007, was set
for the restoration and clean up of the impacted area.
K. Title 15A North Carolina Administrative Code 2B .0211(3)(f) requires that "Oils;
deleterious substances; colored or other wastes: only such amounts as shall not
render the waters injurious to public health, secondary recreation or to aquatic life
and wildlife or adversely affect the palatability of fish, aesthetic quality or impair
the waters for any designated uses."
L. On September 11, 2007, staff from the Division visited the site and noted that
little to no work had been conducted to restore the wetland/stream/backwater.
Accumulations of sludge were still observed and the fill placed in the area to
assist in the removal of the sludge was still evident.
M. On September 26, 2007, an extension was granted by the Division for the
submittal of a clean up and restoration plan. The deadline was extended to
October 31, 2007.
N. On October 18, 2007, the Division received a restoration plan for the site stating
that the work would be completed by January 30, 2008.
O. On October 22, 2007, a Notice of Deficiency was issued by the Division
regarding the submitted restoration plan.
P. On November 15, 2007, an approval letter was issued by the Division for the
restoration plan with minor modifications.
Q. On April 18, 2008, an extension was given until July 15, 2008, by the Division for
the completion of the restoration work.
R. On May 16, 2008, staff met with Mr. Risdon at the site. Staff noted that berms
and dikes still remained in the wetland area and needed to be removed. In
addition, some minor grading/elevation adjustments to return the topography back
to its pre-existing elevation was needed. The Division again emphasize a deadline
of July 15, 2008, for the restoration of the site.
S. On September 3, 2008, a letter was received by the Division from High Rock
stating that the restoration would be completed by mid October.

T. On December 4, 2008 staff from the Division conducted an inspection of the site
to determine if the restoration of the site had been completed. The inspection
revealed that plantings were not installed as detailed in the approved restoration
plan.
U. The impacts occurred to an unnamed tributary to the Yadkin River, Class C
waters within the Yadkin -Pee Dee River Basin.
"Im
V. The cost to the State of the enforcement procedures in this matter totaled $2,405.46.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. High Rock Properties, LLC, is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. The Unnamed tributary to the Yadkin River located at the site constitutes waters
of the State within the meaning of G.S. 143-212(6).
C. On November 30, 2006, High Rock violated NCGS 143-215.1 for a non -
permitted discharge of two (2) to three (3) million gallons of waste water/sludge
from inactive aeration basin at the site.
D. On November 30, 2006, High Rock violated NCGS 143-215.1(a)(1) for
constructing an outlet to waters of the State without a permit.
E. On November 30, 2006, High Rock violated NCGS 143-215.1(a)(6) for causing
or for allowing any waste directly or indirectly to be discharged to waters of the
state.
F. On November 30, 2006, High Rock violated NCGS 143-215.1(a)(9) for the
unpermitted disposal of sludge resulting from the operation of a treatment works.
G. On November 30, 2006, High Rock violated Title NCGS 143-215.1 C(c) for
failure to issue a notice for the release of two (2) to three (3) million gallons of
waste water/sludge for which a permit is issued.
H. On November 30, 2006, High Rock violated Title 15A NCAC 2B .0211(3)(f) for
impacts to 300 to 500 linear feet of stream and in excess of one (1) acre of
wetland from the release and accumulation of two (2) to three (3) million gallons
of waste water/sludge.
High Rock Properties, LLC may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates a rule of the Commission implementing this Part, Part 2A of this Article,
or G.S. 143-355(k).

Pr
High Rock Properties, LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who is required but fails to apply for or to secure a permit
required by G.S. 143-215.1, or who violates or fails to act in accordance with the
terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
K. The State's enforcement cost in this matter may be assessed against High Rock
Properties, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282(b)(8).
L. I, John Hennessey, of the Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, High Rock Properties, LLC, is hereby assessed a civil penalty of:
for one (1) violation of Title 15A NCAC 2B .0211(3)(f)for impacts
to 300 to 500 linear feet of stream, and excess of one (1) acre of
wetland/surface water from the accumulation of two (2) to three
(3) million gallons of wastewater/sludge. .
for one (1) violation of Title NCGS 143-215.1 for a non -permitted
release of 2 to 3 million gallons of wastewater/sludge to waters of
the State.
$ for one (1) violation of Title NCGS 143-215.1(a)(1) for
constructing an outlet to waters of the State without a permit.
for one (1) violation of Title NCGS 143-215.1(a)(6) for causing or
for allowing any waste directly or indirectly to be discharged to
waters of the state.
for one (1) violation of Title NCGS 143-215. 1 (a)(9) for
unpermitted disposal of sludge resulting from the operation of a
treatment works.
for one (1) violation of NCGS 143-215.1C(c) for failure to issue a
notice as required for the release of 2 to 3 million gallons of
wastewater/sludge to waters of the State.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 2,405.46 Enforcement Cost

TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date John Hennessey

Division of Water Quality
SURFACE WATER PROTECTION SECTION
ENFORCEMENT CASE FACTORS
Type: Violations of NPDES Permit and Water Quality Standards
Violator: High Rock Properties, LLC
Mr. David Risdon, Chief Executive Officer, High Rock Properties, LLC
Address: 8734 Brentfield Rd., Huntersville, NC 28078, Mecklenburg, NC
Location: Highway 70/Business Highway 29, Spencer
Rowan County
Regional Office: Mooresville
The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
Approximately 300 to 500 linear feet (If) of stream and in excess of one (1) acre of
wetland/backwater was impacted from the deposition/accumulation of two (2) to three (3)
million gallons of sludge released from an inactive aeration basin at the site. The initial
impact occurred in November 2006. The case remains open...
2. The duration and gravity of the violations;
The initial impact occurred in November 2006. Two (2) to three (3) million gallons of
wastewater/sludge was released from an inactive aeration basin at the site impacting over an
acre of wetland/backwater and 300 — 500 ft. of stream. As of November 2008, 2 years have
passed and the site has not been completely restored. The case remains open.
3. The effect on ground or surface water quantity or quality or on air quality;
The sludge observed in the stream and wetland destroyed integrity of the system. Track hoes
and other large equipment were utilized to remove the sludge further degrading the natural
system.
4. The cost of rectifying the damage;
The cost for rectifying the damage to the environment is difficult to determine. The primary
costs would result from the restoration of the stream channel and wetland. Given the nature and
site conditions, a "perfect" restoration of the site is limited. The cost associated with damage to
aquatic habitats and the time for the stream to function as it did prior to the impact is unknown.
5. The amount of money saved by noncompliance;
The dollar amount is unknown.
6. Whether the violations were committed willfully or intentionally;
There is no evidence to suggest that the impacts were committed willfully. However, it is the
MRO position that care was not taken in the work at the site to prevent the violations. Also,
rectifying the problem at the site has been tedious and in need of constant oversight. The site
has had issues with the Division of Land Resource's as well.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
The Mooresville Regional Office/DWQ has no record of any previous enforcement actions for
High Rock Properties, LLC.

S. The cost to the State of the enforcement procedures.
Central Office Review and Processing = $ 100.00
73 hours by investigators for investigating and
drafting report(s) @ 27.88/hr. _ $2035.24
7.0 hours by Water Quality Regional Supervisor
for review @ $36.46/hr. _ $ 255.22
1 hour for clerical support @ $15.00/hr. _ $ 15.00
TOTAL = 32405.46
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
This a corporation established for the construction of a automotive speedway and associated
activities.
10. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
High Rock Properties, LLC during meetings has been willing and acceptable to suggestions
and comments from the Division. However, the carrying out of those suggestions and
addressing issues in a proper manner and time frame has been another matter. The site has
still not been closed out two years following the initial impact.
11. Mitigating circumstances:
There are no mitigating circumstances.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: UTs to, Class C Waters
c) Damage: Stream standard violations, NPDES permit condition
violations.
'IN

o�w A Zlz Q
o -�
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0005 2882 0182
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street
Suite 1900
Charlotte, North Carolina 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0005 2882 0199
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Dear Mr. Hart:
Michael F. Easley, G r
ernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
August 14, .2007
Subject: Notice of Continuing Violation/Notice of
Recommendation for Enforcement
Violations of G.S. 143-215.1 and 15A
NCAC 02B .0211
Non -permitted Discharge and Failure to
Mitigate Impact
Old Color -Tex WWTP
Incident #: NOV-2006-DV-0071
Rowan County, N.C.
Chapter 143, Article 21 of the North Carolina General Statutes (G. S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural Resources to
protect and preserve the water resources of the State. The Division of Water Quality (DWQ) has the
delegated authority to enforce adopted water pollution control rules and regulations.
DWQ Staff have performed numerous follow-up investigations to the unnamed tributary to the
Yadkin River (tributary) to assess the cleanup operations for the removal of the illegally discharged sludge
(Violation of 15A NCAC 02B .0211). As a result of these investigations, DWQ Staff have observed the
following:
NCDENR .
Nose Carolina
Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterouality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Jeffrey C. Hart
Page Two
August 14, 2007
All of the accumulated sludge in the unnamed tributary to the Yadkin
River has not been removed following the initial discharge event that had
occurred on November 27, 2006. In addition, only limited cleanup and/or
restoration activities have been initiated within the past several months.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty-
five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who fails to act on the violations of G.S. 143-215.1
and 15A NCAC 02B .0211. Penalties may also be assessed for any damage to the surface waters of the
State that may result from the unpermitted discharge.
Please be advised that this Office has allowed more than eight months to remediate the tributary;
however, the cleanup and restoration has not been completed. In addition, limited cleanup activities have
been initiated within the past several months. Due to the continued lack of effort to remediate the
tributary, this Office is requiring all cleanup activities and restoration efforts to the tributary be completed
by September 14, 2007. It is requested that you respond, in.writing, to this Notice, detailing the cleanup
and restoration efforts (including ultimate disposal of sludge) that have been completed to date by
September 3, 2007.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the continued failures to
remediate/cleanup the sludge from the tributary. If the tributary is not cleaned up and restored within the
specified time period, then this Office will forward an enforcement package to the Director for his
consideration.
Should you have questions, please do not hesitate to contact Mr. John Lesley, Mr. Bell, or me at
[phone].
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Dave Risdon, High Rock Properties, LLC
Rick Shiver, Assistant Director of Regional Operations, DWQ
Andrew Pitner, Regional Supervisor, DWQ/APS
Rowan County Health Department
Attachment:
Initial NOV/NRE dated 12/8/06

Michael F. Easley, Governor '---'
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 8, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dave Risdon, Owner
High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 28078
Subject: Notice of Violation/Notice of
Recommendation for Enforcement
Violations of G.S. 143-215.1 and G.S. 143-
215.C(c)
Non -permitted Discharge/Failure to Report
Old Color -Tex WWTP
Incident #: NOV-2006-DV-0071
Rowan County, N.C.
Dear Mr. Risdon:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural Resources to
protect and preserve the water resources of the State. The Division of Water Quality (DWQ) has the
delegated authority to enforce adopted water pollution control rules and regulations.
As a result of the initial investigation conducted by DWQ staff on November 30, 2006, the
following conditions were found to be in violation of G.S. 143-215.1 and G.S. 143-215.C(c),:
On November 27, 2006 (early afternoon), an estimated 2 to 3 million
gallons of wastewater/sludge was discharged to an unnamed tributary to
Yadkin River from an inactive aeration basin at the old Color -Tex
Wastewater Treatment Plant (WWTP). The valve was
removed/dislodged during the on -site removal of scrap metal.
Approximately 300 - 500 feet of stream, was impacted with sludge
accumulations. The unpermitted discharge was never reported to DWQ.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty-
five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of
���g the State that may result from the unpermitted discharge. 011e.nCarolina
CDEWR dvatmally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwate[quality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Dave Risdon
Page Two
December 8, 2006
It is requested that you respond, in writing, to this Notice, indicating the actions taken to contain,
collect, and properly dispose of the sludge from all affected areas. In addition, your response shall include
the actions taken to restore all affected areas. Please address your response to Mr. Bell by no later than
December 29, 2006.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the violations of G.S. 143-215.1
(unpermitted discharge) and G.S. 143-215.C(c) (failure to report the discharge). If you have an
explanation for the violations that you wish to present, please include same in the requested response.
Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director along with the enforcement package for his consideration.
To comply with the regulations, it will be necessary to.contain, collect, and properly dispose of the
sludge from all affected areas. In addition, all affected areas must be restored to the conditions existing
prior to the discharge.
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
ohn Lesley
Acting Regional Supervisor
Surface Water Protection
Attachments
cc: Rowan County Health Department
Rick Shiver, Assistant Director of Regional Operations, DWQ
Andrew Pitner, Regional Supervisor, DWQ/APS
ME

Summary
Colortex (aka NC Finishing) is a bankrupt former textile facility located at 2555 US Hwy
29 in Spencer, Rowan County, adjacent to the Yadkin River at the tail -waters of High
Rock Reservoir. Colortex used to have a permitted wastewater treatment plant, a water
treatment plant, and a land application permit. The permits are all expired and considered
inactive. Since the business went bankrupt, there are no current permits connected to the
site.
Chronology of Events
Novemben2.9, 2006 — Wednesday - Samar Bou-Ghazale, acting MRO-SWPS Supervisor,
received two phone messages regarding a lagoon spill at the old NC Finishing plant in
Spencer. Ellen Huffman (MRO-APS) was directed to return the calls to Randy
Cauble, Salisbury -Rowan Utilities Plant Manager (704/638-4478), and Greg Green,��.
(704/216-8591). Mr. Cauble described the situation as a 4 million gallon lagoon that
had emptied most of its contents into a tributary to the Yadkin River sometime the
day before (11/28/2006).
November 30, 2006.— Thursday - Ellen Huffman, Andrew Pitner, John Lesley with the
MRO-DWQ, met at the spill site approximately 10:30 AM with Dustin Wilson,
Spencer Land Management Director, Larry Smith, Spencer Town Manager, James
Ferrell, Spencer Code Enforcement Officer, and Randy Cauble, Salisbury -Rowan
Utilities. Wes Bell, MRO-DWQ, arrived about 12:00 PM. Also present, was the
demolition crew responsible for the spill, Frank McGuire who is overseeing the work
for the owner, and David Risdon, property owner. After staff observations and
discussions with those onsite, it became apparent that during metal salvage operations
a track hoe operator pulled a valve stem connected to the valve at the bottom of the
I ag tr ey pxy-ua.g hee 1�g n via a pipe into the swamp below. The event took place
o Tuesday, November 28, 2006. efore leaving the site, MRO-DWQ staff verbally
noti ie ra uire (David Risdon had already left the site) to cease all
demolition activity in the vicinity of the lagoons, to seal the pipe with cement and/or a
pneumatic bladder to prevent any additional discharge from the lagoon, to contact a
qualified environmental contractor, and to stabilize the sludge in the swamp area and
initiate clean up of the sludge. Photos of the affected area and clean up efforts as well
as phone updates of the current status of the spill were conveyed to MRO staff and
DWQ Central Office staff.
December 1, 2006 — Friday — Ellen Huffman and Wes Bell returned to the site to check
`4. on clean up efforts. Mr. Bell and Ms. Huffman also took physical readings in the
stream and collected water and sludge samples. Stream samples were sent to the
DWQ lab and sludge samples were taken to Pace Labs in Huntersville (704/875-
9092). Mr. Bell and Ms. Huffman reiterated the importance of stabilizing the spilled
sludge to keep it from migrating further off site. It was again suggested that an
environmental consulting firm be contacted to oversee the clean up and that the pipe
be sealed as soon as possible and that today would be best. The demolition crew
suggested breaking into the pipe and filling it with dirt. Ms. Huffman re -stated that a

permanent cement plug of would be needed. More photos of the clean up efforts
were taken and updates were reported to DWQ Central Office staff of the current
status of the spill.
December 4, 2006 — Monday - Mr. Bell and Ms. Huffman returned to the site in the
afternoon to check on clean up efforts. The demolition crew was using the backhoe
to dip the sludge from the swampy area into a dump truck and transfer the sludge to
two smaller lagoons up the hill (old basins which were part of the old wastewater
treatment plant). MRO Staff gave them verbal permission to use the lagoons
temporarily until a better plan was found. The demolition crew was in the process of
exposing the pipe to plug it. Staff reiterated the importance of a permanent plug of
cement to be placed in the line and the need for competent professional oversight of
the cleanup process. Photos were taken and an update was reported to DWQ Central
Office.
December 5, 2006 — Tuesday - Mr. Bell and Ms. Huffman called the owner, David
Risdon, to meet on site at 1:30 PM to discuss the method and progress of the clean
up. It was again re -stated that a permanent cement plug be put into the pipe and that
an environmental consulting firm be hired to oversee the clean up efforts. Mr. Risdon
was also told that if satisfactory progress was not made toward cleanup then DWQ
could initiate cleanup (with cost recovery) via the Oil or Other Hazardous Substances
Pollution Protection Fund or contact EPA to initiate cleanup. If was also noted that
only one of the smaller lagoons could be used for temporary storage because the
demolition crew had damaged a valve in the other lagoon. The demolition crew was
told that they could repair the damaged valve and then use that lagoon as well. Mr.
Bell reiterated to the demolition crew the importance of keeping the sludge from
migrating any further off site and closer to the river. Photos were taken and Central
Office was updated.
December 6, 2006 — Wednesday — A check of Rowan County GIS tax records by Ms.
Huffman indicated the spill crossed onto adjoining property. Mr. Bell called Mr.
Risdon to convey the new information and asked Mr. Risdon to contact the adjoining
landowner regarding access and clean up activities, on the adjacent land. Andrew
Pitner was directed by Central Office to have Ms. Huffman contact Mr. Risdon and
convey to him that DWQ Central Office wishes him to hire a professional
environmental consulting firm no later than 12:00 noon on December 7, 2006. Mr.
Risdon asked to contact Central Office. Ms. Huffman gave Mr. Risdon Rick Shiver's
cell phone number. No visit by MRO staff on this day.
December 7, 2006 — Thursday — as of 1:30 PM- Mr. Risdon notified John Lesley, MRO-
SWPS, that he has contracted with Triad Environmental (336-681-7288, Mr. Michael
Frances) a qualified environmental consultant, to oversee the cleanup efforts.

High Rock Properties LLC
c/o David .L. Risdon
8734 Brentfield Road
Huntersville, NC 28078
December 28, 2006
Mr. Wes Bell
Environmental Technician IV
Surface Water Protection Section
Division of Water Quality
North Carolina Department of Environment and Natural Resources
SENT VIA E-MAIL
To [e-mail]
Dear Mr. Bell:
As requested in Mr. Lesley's letter to me dated December 8, 2006, this is a
response indicating the actions to contain, collect, and properly dispose of the
sludge from all affected areas.
Doug Thomas and his crew have erected berms and have trucked out large
quantities of sludge and; working under the direction of Triad Environmental, has
contracted to have the remaining sludge pumped from the affected area. The
sludge is being trucked and/or pumped to a secure empty holding pond on our
property. We believe that within two to three weeks the potential for sludge to
spread from the affected area will be completely contained. We will continue to
work under the direction of Triad Environmental to ensure that we meet the
State's cleanup requirements.
Please do not hesitate to contact me should you have any questions or concerns.
Thank you.
Sincerely,
David L. Risdon
Chief Executive Officer

O
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dave Risdon, Owner
High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 280.78
Dear Mr. Risdon:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 8, 2006
7003 2260 00013494 9046
Subject: Notice of Violation/Notice of
Recommendation for Enforcement
Violations of G.S. 143-215.1 and G.S. 143-
215.C(c)
Non -permitted Discharge/Failure to Report
Old Color -Tex WWTP
Incident #: NOV-2006-DV-0071
Rowan County, N.C.
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural Resources to
protect and preserve the water resources of the State. The Division of Water Quality (DWQ) has the
delegated authority to enforce adopted water pollution control rules and regulations.
As a result of the initial investigation conducted by DWQ staff on November 30, 2006, the
following conditions were found to be in violation of G.S. 143-215.1 and G.S. 143-215.C(c),:
On November 27, 2006 (early afternoon), an estimated 2 to 3 million
gallons of wastewater/sludge was discharged to an unnamed tributary to
Yadkin River from an inactive aeration basin at the old Color -Tex
Wastewater Treatment Plant (WWTP). The valve was
removed/dislodged during the on -site removal of scrap metal.
Approximately 300 - 500 feet of stream was impacted with sludge
accumulations. The unpermitted discharge was never reported to DWQ.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty-
five thousand dollars'($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of
A&Athe State that may result from the unpermitted discharge. "On��Carolina
VCDENR NWA(rally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Dave Risdon
Page Two
December 8, 2006
It is requested that you respond, in writing, to this Notice, indicating the actions taken to contain,
collect, and properly dispose of the sludge from all affected areas. In addition, your response shall include
the actions taken to restore all affected areas. Please address your response to Mr. Bell by no later than
December 29, 2006.
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the violations of G.S. 143-215.1
(unpermitted discharge) and G.S. 143-215.C(c) (failure to report the discharge). If you have an
explanation for the violations that you wish to present, please include same in the requested response.
Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director along with the enforcement package for his consideration.
To comply with the regulations, it will be necessary to contain, collect, and properly dispose of the
sludge from all affected areas. In addition, all -affected areas must be restored to the conditions existing°
prior to the discharge:
Should you have questions, please do not hesitate to contact Mr. Bell or me at [phone].
Sincerely,
ohm Lesley
Acting Regional Supervisor
Surface Water Protection
Attachments
cc: Rowan County Health Department _
Rick Shiver, Assistant. Director of Regional Operations, DWQ
Andrew.Pitner, Regional Supervisor, DWQ/APS
WB -

Michael F. Easley, Governor /��
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 26, 2007
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4140
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street
Suite 1900
Charlotte, North Carolina 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4157
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Subject: Extension Request
Old Color -Tex WWTP
Rowan County, N.C.
Dear Mr. Hart and Mr. Gamelin:
Coleen H. Sullins, Director
Division of Water Quality
On September 14, 2007, staff of the Mooresville Regional Office (MRO), Division of Water Quality
(DWQ) performed a follow-up investigation at the subject facility to assess the cleanup operations for the removal
of the illegally discharged sludge (Violation of 15A NCAC 02B .0211). DWQ Staff observed that the accumulated
sludge, from the illegal discharge that occurred on November 27, 2006, to the unnamed tributary to the Yadkin
River, has been sufficiently removed.
A deadline of September 14, 2007, was imposed by the Division requiring all cleanup activities and
restoration efforts to the tributary be completed by September 14, 2007. The MRO acknowledges that the sludge
removal activities, from the illegal discharge, were accomplished within the time frame allowed. The restoration
activities were not accomplished.
On September 14, 2007, the MRO received a request for an extension to the September 14, 2007,
deadline to begin restoration activities by hiring a restoration consultant and preparing a site restoration plan. Your
request has been reviewed by the MRO.
By this letter you are hereby granted an extension until October 31, 2007 to submit, to the MRO, a site
restoration plan to repair the areas disturbed as a result of the illegal discharge and as a result of the removal of the
illegal discharge.
1617 Mail Service Center Raleigh, NC 27699-16117 919-733-7015 (Telephone) Customer Service 800-623-7748

Should you have questions, please do not hesitate to contact Mr. Wes Bell, or me at [phone].
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Dave Risdon, High Rock Properties, LLC
Rick Shiver, Assistant Director of Regional Operations, DWQ
Andrew Pitner, Regional Supervisor, DWQ/APS
Rowan County Health Department

HIGH ROCK
P R O P E R T I E S L L C
September 2, 2007
Mr. Robert B. Krebs
Surface Water Protection Regional Supervisor
NCDENR
Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Krebs:
i
99PY Rose Commons Drive, Suite E432
Nuntersviiie, NC 28078
SE1'_ 10 CDT
NC DENR MRO
M-Surface Water Protection
This letter is sent in response to your letter dated August 14, 2007 to Mr. Jeffrey C. Hart and Mr.
Tom Gamelin regarding the Notice of Continuing Violation at the Old Color -Tex WWTP which is
owned by High Rock Properties LLC.
As you know, the sludge spill that occurred in November of 2006 at our site was causedby F.C.
Development personnel. F.C. Development at that time pledged to me that they would
remediate the sludge spill. After receiving your letter, I have had numerous conversations with
the principals of F.C. Development, Mr. Tom Gamelin and Mr. Doug Thomas. Mr. Gamelin and
Mr. Thomas pledged to me that they would focus all of their efforts on removing the balance of
the sludge from the tributary prior to the September 14, 2007 deadline.
I regret that the cleanup was not completed on a more timely basis but I am in regular contact
with Mr. Gamelin, Mr. Thomas and Mr. Wes Bell, of the Division of Water Quality, to ensure that
the cleanup is progressing on a basis that will have the balance of the sludge removed from the
tributary prior to the September 14, 2007 deadline.
Thank you and should you have any further questions, please do not hesitate to email me at
[e-mail] or to phone me at 704-640-1215.
Sincerely,
r
David L. Risdon
Chief Executive Officer
cc: Mr. Wes Bell

_.
yr
F
P R O P E R T I E S L L C
999-1 Rose Commons Drive, Suite E432
ftuntersviiie, NC 28078
September 14, 2007
Mr. Robert B. Krebs
Regional Supervisor
Division of Water Quality
Surface Water Protection Section
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Krebs:
We met Mr. Bell at our site today and I believe he will confirm to you that we have
successfully completed the sludge removal from the tributary at our site. As we
discussed, we would very much appreciate your considering granting an extension of
time of ten days for us to hire a qualified professional to draw up a restoration plan for
the tributary area. Once we have hired such a professional, we believe they can
provide a reasonable time line to complete the plan and then complete the restoration.
Thank you for your consideration.
Sin Iy, t
David L. Risdon
Chief Executive Officer

pp"s ant
Subject: restoration consultant
From: "Dave Risdon" <[e-mail]>
Date: Fri, 21 Sep 2007 09:23:30 -0400
To: <[e-mail]>, <[e-mail]>
Rob and Wes — as you requested, we have hired an experienced restoration consultant. I have attached Ron's
resume. He has also already been in contact with Steve Chapin and is meeting with Steve at the site next
Tuesday. Ron will be in a position next week to provide to you an estimate as to when he will complete the
restoration plan and how long he reasonably estimates it will take to complete the plan. Please email or call if you
have any questions. Thanks — Dave
High Rock Properties LLC
www.rabehighrock.com
Dave Risdon
Chief Executive Officer
704-640-1215
[e-mail]
Content -Type: application/msword
Gentry resume.doc;
Content -Encoding: base64
1 of 1 9/26/2007 10:05 AM

15644 Oxydendrum Hill Lane Phone [phone]
Davidson, NC 28036 E-mail [e-mail]
J. Ron Gentry
Present-2/2005-(Retired)-Self employed Parks and Greenway Consultant. Providing
construction observation, inspection and project management for General
Contractors. Appointed member of Mecklenburg County Park & Recreation's
Greenway Advisory Council and the Town of Davidson Greenway, Trails and
Bikeways Advisory Council.
2/2005-1992-Mecklenburg County Park & Recreation Department; job title —Team Leader
Greenway Construction and Maintenance -Park Services Division. Position
responsible for working with Park Planners, Administration Staff, Park Services
Managers, Park District, Real Estate Service Project Managers, contract Landscape
Architects, Engineers, Environmentalists and the general public. This responsibility
was to provide experienced and practical solutions to Greenway, Park and site work
projects; while maintaining an ecological and attractive setting. Supervised staff in
the layout and construction of the Mallard/Clark Creek Greenway, McMullen Creek
Greenway; the Lower McAlpine Greenway and boardwalk; and the Campbell Creek
Greenway. Lead the construction of the wetland enhancements and restoration at
Lower McAlpine Creek Greenway, a NC Clean Waters Project. Worked with
Mecklenburg County Storm Water and the Wetlands Contractor on the Little Sugar
Creek Stream Restoration and Greenway, Westfield Section
1992-1989 - City Of Charlotte -Park and Recreation Department, job title -Field Operations
Supervisor -Construction. Position was responsible for all in-house park
construction; street tree planting; large landscape projects; irrigation; installation and
maintenance; playground installation and maintenance; inspection of work
completed by contractors on park construction, street tree and landscape projects;
playground installation and renovations; tennis court and athletic field construction,
renovations and repairs
1989-1975 - City of Winston-Salem, NC -Park and Recreation Department -job title — Assistant
Parks Superintendent — Position responsible for all in house park construction
projects, including park grading, shelter and restroom construction, Greenway
construction, managing Federal Jobs Bill crews, City wide parks mowing and turf.
Assisting the Landscape Planner in the development of park and public
landscapes and street tree programs. Prepared plans and specifications for
tennis court construction. Designed, bid and inspected irrigations projects.
Supervised staff in the layout.and construction of Hine Park; Salem Creek
Greenway; Russell Park athletic fields and shelter; Hobby Park — "Soap Box
Derby Track" and shelter. Supervised maintenance of Bowman Gray Stadium, a
flat % mile NASCAR sanctioned track.
Additional Qualifications- Possess North Carolina Pesticide Applicator License.
Active licensed Sports Car Club of America Divisional Race Steward. SCCA
member since 1983, member of both North Carolina and Central Carolinas Regions.

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October 18, 2007
li--' ij p' `rr``�1 H Ij-,, t/f C K
P R O P E R T I E S L L C
Mr. Robert B. Krebs
Surface Water Protection Regional Supervisor
NCDENR
Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115 -
Dear Mr. Krebs:
9911 Rose Commons Drive, Suite E-132
RmECEI V__E0_Nc2807'6
OCT 18 2007
NC DENR MR®
"F DWG -Surface
Attached please find our Tributary Restoration Plan, completed by Mr. Ron Gentry. After discussing the Restoration Plan
with Mr. Gentry, we would propose that the Restoration and Soil Removal portions of the Plan be completed within 45
days of your approval of the Plan.
However, we will not be able to commence the live staking and planting of bare rooted seedlings of the native wetland
species trees until the soil removal and seeding segments of the Restoration Plan are completed and the temperature and
soil moisture is favorable. Mr. Gentry therefore suggests that this latter portion of the Restoration Plan commence on
January 1, 2008 and be completed by January 30, 2008.
Our Restoration Plan will include the removal of imported soils and the reestablishment of the original site elevation as
well as the creation of several shallow pools along the small tributary to provide for plant diversity. Should you have
questions regarding the Restoration Plan, please feel free to contact Mr. Gentry or myself. Mr. Gentry's contact
information is as follows:
15644 Oxydendrum Hill Lane
Davidson NC, 28036
Phone [phone]
Mobile [phone]
Nextel 150*137310*17
[e-mail]
Thank you.
Sincere �✓
a
David L. Risdon
Chief Executive Officer
cc: Mr. Steven Chapin
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Ashville, NC 28801
Mr. Lloyd Pace
Erosion Control Inspector, Rowan -County
By Hand Delivery

October 22, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4164
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street
Suite 1900
Charlotte, North Carolina 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4171
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Dear Mr. Hart and Mr. Gamelin:
Michael F. Easley, Gemoor
William G. Ross Jr., Secretary 141
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Subject: Notice of Deficiency
Colortex - Wetland Impact
Restoration Plan
Rowan County
On October 18, 2007, the Mooresville Regional Office (MRO), Surface Water Protection (SWP) Section
received the proposed restoration plan for the wetland impact at the subject site. The plan has been reviewed by
staff and the following deficiencies were noted:
■ In general, the plan failed to properly show the actual extent of the impacts to the wetland and
disturbed areas. The plan lacked the detail necessary to fully explain and diagram the restoration
of the impacted areas.
■ The plan's restoration area did not go up stream far enough to encompass the entire area of
impact.
■ The plan failed to include a direction arrow or stream flow direction.
■ Insufficient detail. Basic land marks at the site should be included in the
plan to provide scale and location (power line, culverts, pond, current entrance to area)
■ Overlay impact area on the pre-existing conditions.
■ Overlay proposed restoration area on current conditions. Also, identify the disturbed/impact area
in relation to the wetland
boundary.
■ Live stakes shall be planted at 380 trees/acre. However, the tree list and seed mix
submitted is satisfactory.
NorthCarolina
Jhairrra!!�
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org
623-6748 FAX [phone]-
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Page 2 of 2
• The plan must identify the wetland boundary.
■ The plan must identify the elevation that is to be restored.
■ The plan must contain an acceptable and standard monitoring plan to ensure the stability and
success of the restoration.
■ The plan must identify any abbreviations used on the plan.
■ Based on aerial photos, it appears the area was more wooded than indicated on the plan. Shrubs
(rosemallow, hibiscus moscheutos - based on previous site visits) appeared to dominate the
landscape under the power line and adjacent to the pond.
- Enclosed are examples of previous restoration proposals that have been deemed acceptable by the MRO.
Be reminded that you must notify and obtain approval from any other state or local agency prior to commencing
with the work at the site.
A complete restoration plan is due in this office on or before October 31, 2007 as identified in the
Division of Water Quality's letter dated September 26, 2007.
If you have any questions, please contact Mr. Alan Johnson or me at 704-663-1699.
Sincerely,
----/7/ /,,� f/-
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Enclosures
cc: David Risdon - High Rock Properties (with attachments)
Ron Gentry (with attachments)
Steve Chapin, USACE Asheville Regulatory Field Office
Shelton Sullivan, Compliance/Enforcement
Loyd Pace, Erosion Control, Rowan County
Zahid Kahn, MRO, Land Quality
Central Files

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DISCLAIMER: This information was prepared from the Rowan County, NC Geographic Information System. Rowan
County has made substantial efforts to ensure the accuracy of location and labeling information contained on this site.
The information provided is a representation of various City and County data sources and does not serve as an official
map. Rowan County promotes and recommends the independent verification of any information contained on this site
by the user.
Rowan County makes no warranty or other assertion as to the fitness of the maps for any particular purpose and
neither Rowan County nor it's agents or employees shall be liable for any claim alleged to have resulted from any use
thereof.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims2.webgis.net/ne/Rowan/printable. asp?process=undefined&x2=undefined&y2=undef... 10/19/2007

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OLE PARTY OR HIS AGENT
GED RAINFALL ANY REPAIRS
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STONE AS CONDITIONS WARRANT AND REPAIR OR CLEANOUT OF FLOWING OF SEDIMENT
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SEDIMENT
IMMEDIATELY.
5. WHEN APPROPRIATE. WHEELS MUST BE CLEANED TO REMOVE SEDIMENT PRIOR TO ENTERING A PUBUC STREET.
WHEN WASHING ISREQUIRED, IT SHALL BE DONE IN AN AREA STABILIZED
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4195
David L. Risdon
Registered Agent for High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 28078
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0001 3494 4201
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Subject: Restoration Plan Approval
Colortex - Wetland Impact
Restoration Plan
Rowan County
Dear Mr. Hart and Mr. Gamelin:
On October 30, 2007, the Mooresville Regional Office (MRO) received the second draft of the proposed
restoration plan for the wetland impact at the noted site. The plan has been reviewed and this office finds it
acceptable. However, please note the following comments/reminders:
■ The tree species and seed mixes submitted in your October 30, 2007 restoration plan is
satisfactory. However, live stakes shall be planted at a rate 680 trees/acre. Shrubs should be
included in the planting list as discussed with Mr. Ron Gentry. Specifically, Rose Mallow
(Hibiscus moscheutos) was noted as the dominant species in the power line right of way and
must be include on the planting list.
• The eastern "border" of the pond, that was impacted to remove sludge, adjacent to I-85 must be
reestablished and planted as discussed with the MRO staff and Mr. Gentry.
■ Ground elevation shall be reestablished to the pre-existing conditions. Elevations will be based on
the elevations depicted on the October 30, 2007 restoration plan. Any deviations will be
coordinated with the MRO Surface Water Protection Section. After all grading, planting and
wetland restoration activities have been completed, a completed site plan, with elevations, will be
required in the following quarterly monitoring report.
■ Visual monitoring must be conducted quarterly (February, May, August, November) following
the initial planting for the first year and semi-annually for the second year. Site visits must be
NorthCarolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 . Mooresville, NC 28115 Phone [phone]
Customer Service Internet; ncwaterquality.org FAX [phone]-
623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Page 2 of,2 L
conducted to determine success rates. A report on the success rates shall be submitted (with
photos) to DWQ within 30 days following each quarterly site visit.
The hydrology of the area shall be maintained and the vegetation shall survive. Survivability
will be based on 340 stems/acre after a two (2) year monitoring period. No visual evidence of
instability, erosion, or subsidence shall be observed in the project area. Failure of any restoration
actions or plantings will require further restoration, replanting, etc. If the surviving vegetation
densities are below the required thresholds (50%) after the two-year monitoring period, the site
may still be declared successful at the discretion of and with written approval from the NC
Division of Water Quality
Any soil removed from the wetland should be temporarily stockpiled and stabilized, in the area
labeled "Borrow Area" in the October 30, 2007 restoration plan, to allow commencement of the
restoration plan. No soil may be moved beyond the borrow area or the wetland boundary (as
depicted on page.2 of 3 in the October 30, 2007 restoration plan) unless approval has been
received by Rowan County Environmental Services Division.
This restoration plan approval is only for the specific site areas identified in your October 30, 2007,
restoration plan submittal. All restoration activities and plantings must be completed within 90 days from
receiving approval to proceed from Rowan County's Planning and Development Division. Upon completion of
restoration and planting work, please notify Alan Johnson at 704-663-1699 to schedule an inspection date.
Be reminded that you must notify and obtain approval from any other state or local agency prior to
commencing with the work at the site. If you have any questions, please contact Mr. Johnson at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Ron Gentry
Steve Chapin, USACE Asheville Regulatory Field Office
Shelton Sullivan, Compliance/Enforcement
Lloyd Pace, Erosion Control, Rowan County
Zahid Kahn, MRO, Land Quality
Linda Culpepper, Division of Waste Management
Central Files

19
My`
P R O P E R
T I E S L L C
October 18, 2007
Mr. Robert B. Krebs
Surface Water Protection Regional Supervisor
NCDENR
Division of Water Quality
610 East Center Avenue, Suite 301
9911 Rose Commons Drive, Suite E-132
RECEIVEDfers '
NC 28078
OCT 18 W
Mooresville, NC 28115 NC DENR MRO
- -� 1A,
Dear Mr. Krebs: DWQ-Surface Water Prot%,tion
Attached please find our Tributary Restoration Plan, completed by Mr. Ron Gentry. After discussing the Restoration Plan
with Mr. Gentry, we would propose that the Restoration and Soil Removal portions of the Plan be completed within 45
days of your approval of the Plan.
However, we will not be able to commence the live staking and planting of bare rooted seedlings of the native wetland
species trees until the soil removal and seeding segments of the Restoration Plan are completed and the temperature and
soil moisture is favorable. Mr. Gentry therefore suggests that this latter portion of the Restoration Plan commence on
January 1, 2008 and be completed by January 30, 2008.
Our Restoration Plan will include the removal of imported soils and the reestablishment of the original site elevation as
well as the creation of several shallow pools along the small tributary to provide for plant diversity. Should you have
questions regarding the Restoration Plan, please feel free to contact Mr. Gentry or myself. Mr. Gentry's contact
information is as follows:
15644 Oxydendrum Hill Lane
Davidson NC, 28036
Phone [phone]
Mobile [phone]
Nextel 150*137310*17
[e-mail]
Thank you.
Sincere ,
David L. Risdon
Chief Executive Officer
cc: Mr. Steven Chapin
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Ashville, NC 28801
Mr. Lloyd Pace
Erosion Control Inspector, Rowah-County
By Hand Delivery

O�O� W A
r
April 18, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4505 9678
David L. Risdon
Registered Agent for High Rock Properties, LLC
8734 Brentfield Road
Huntersville, North Carolina 28078
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4505 9685
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, North Carolina 28146
Michael F. Easley, Govern .l,c�•,,,
William G. Ross Jr., Secret
North Carolina Department of Environment and Natural Resources
d"(J
Coleen H. Sullins, Director
Division of Water Quality
Subject:
Dear Mr. Risdon and Mr. Gamelin:
Restoration Plan Approval
Colortex - Wetland Impact
Restoration Plan
Rowan County
On November 15, 2007, the Mooresville Regional Office (MRO) Surface Water Protection Section
(SWP) approved, with conditions, your restoration plan for the wetland impact at the subject site. A condition of
the approval required "All restoration activities and plantings must be completed within 90 days from receiving
approval to proceed from Rowan County's Planning and Development Division".
On April 15, 2008, the MRO SWP Section received a copy of Rowan County's Planning and
Development Department's March 26, 2008, approval letter for the High Rock Raceway Erosion Control Plan —
Clearing and Grubbing. In addition, on April 16, 2008, the MRO SWP Section received a signed copy of Rowan
County's Planning and Development Department's December 19, 2007, approval letter for the High Rock
Raceway Erosion Control Plan — Wetlands Restoration. As a result of the MRO SWP's receipt of the approved
Erosion Control Plan approvals, the 90-day deadline to complete the wetland restoration and planting began April
16, 2008. The wetland restoration activities must be completed by July 15, 2008.
This letter is intended to remind you of your obligations for the restoration of the impacted wetland areas
and establish a compliance deadline. In addition, be advised that G.S. 143-215.6A provides for a civil penalty
assessment of not more than twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per
day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure
NorthCarolina
�Q�l1Cll��l,/
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]-
623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

rage z or
a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State
that may result from the unpermitted discharge.
If you have any questions, please contact Mr. Alan Johnson at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Ron Gentry
Steve Chapin, USACE Asheville Regulatory Field Office
Lloyd Pace, Erosion Control, Rowan County
Zahid Kahn, MRO, Land Quality
Andrew Pitner, Division of Waste Management
Central Files

Michael F. Easley, Governor
William G. Ross Jr., Secretary l tLL—
North Carolina Department of Environment and Natural Resources J
May 21, 2008
Mr. David Risdon, CEO
911 Rose Commons Drive, Suite E-132
Huntersville, NC 28078
Subject: Colortex Wetland Impact
Rowan County
Dear Mr. Risdon:
Coleen H. Sullins, Director
Division of Water Quality
On May 16, 2008, Alan Johnson and I conducted a site visit at the subject site. The site visit was
performed to review the status of your wetland restoration efforts. Although the majority of the wetland area was
inundated with water from the Yadkin River, it appeared that you made significant progress in removing the
berms located closest to the Yadkin River. However, there are remaining berms/dikes at the upper end of the area
where the stream flows into the site that require removal and restoration. We were also informed that following
the removal of the remaining berms and general touch up around the site, that the area will be ready for planting
of live stakes and seed mix. Overall, no significant issues/problems were noted at the site. We look forward to
the completed wetland restoration efforts being completed on or before the July 15, 2008 deadline.
As a side note, we were informed that S&ME have been contracted to conduct the permitting for the
404/401 requirements (application enclosed). If S&ME has any questions concerning the wetland restoration
areas or other stream/wetland impacts related matters, please feel free to have them contact Alan Johnson at the
number below.
Upon completion of the restoration, DWQ shall be notified for final approval and closure of the wetland
restoration area. Also, be advised that this Office working cooperatively with the Rowan County's Erosion
Control specialists until this matter is satisfactorily resolved. Thank you for your prompt attention to this matter.
If you have any questions, please contact Mr. Johnson or me at 704-663-1699.
Sincerely,
1--761.�)
/4
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Steve Chapin, USACE Asheville Regulatory Field Office (w/o attachment)
Shelton Sullivan, Compliance/Enforcement (w/o attachment)
Loyd Pace, Erosion Control, Rowan County (w/o attachment)
Doug Thomas
Zahid Kahn, MRO, Land Quality (w/o attachment)
Central Files (w/o attachment)
NorthCarolina
Natmallty
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

HIGH DOCK
_____._ P R O P E R T I E S L L C
9911 Rose Commons Drive, Suite E-132
VEU
August 29, 2008 RE E. I
Mr. Alan Johnson
NCDENR
Surface Water Protection
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Johnson:
S E P - 3 2008
NC DENR MRO
M-SurfueG eater Protection
As you requested at your last visit to the High Rock Raceway site, we inquired with
the -professionals at Mellow March Farm regarding the ability to plant seed in the
shallow stream water in August. They recommended that we wait until September
to do any planting, including that to be done in the stream. Even if the stream
level is.higher,;the seeds planted in the stream should take and will have a better
rate of s,urvlval if pl.antedasthe weather begins to cool in September.
Waiting,untit S6ptember;will,also allow us to work with Catawba College's Center for
the Environment for our seeding and planting, in that their classes will be back in
session,,: -
We have worked with Mellow Marsh Farm to select seeds that they feel will work
well,.for..our initial, seeding. We will work with the Center for the Environment to live
stake 'tree.species and other plantings. We plan on completing the seeding and
plantings by mid -October.
As we complete the seeding and plantings we will contact you to arrange a site
visit. Please contact me in the interim should you have any additional questions or
concerns. Thank you.
David L Risdon
_ cer Chief Executive, Offs r.,.
cc Mr. Robert B.Krebs
RegioCnnlal Supervisor
j t,N:,CDN-.R ff 1.; �;_ ':.�1..��.i ;��,.-��.i tt.t :�} Sf.; _ .JC�� l r .r�'`;-v Hl
�<< Sui-face..11Vater Protectio•<
Mooresville Regional Office
610 East Center,Ave.nue, Suite 301._�.
Mooresville, NCjt% 28115
,

=P R O PERTI ES L L C
911 Rose Commons Drive, Suite E-132
. Huntersviiie, NC28078
August 29, 2008
Mr. Alan Johnson
NCDENR
Surface Water Protection
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Johnson:
As you requested at your last visit to the High,Rock Rock Raceway site, we inquired with
the professionals at Mellow March Farm regarding the ability to plant seed in the
shallow stream water in August. They recommended that we wait until September
to do any planting, including that to be done in the stream. Even if the stream
level is higher, the seeds planted in the stream should take and will have abetter
rate of survival if planted as the weather begins to cool in September.
Waiting until September will also allow us to work with Catawba College's Center for
the Environment for our seeding and planting, in that their classes will be back in
session.
We have worked with Mellow Marsh Farm to select seeds that they feel will work
well for our initial seeding. We will work with the Center for the Environment to live
stake tree species and other plantings. We plan on completing the seeding and
plantings by mid -October.
As we complete the seeding and plantings we will contact you to arrange a site
visit. Please contact mein the interim should you have any additional questions or
concerns. Thank you.
Sincerely,
David L. Risdon
Chief Executive Officer
cc: Mr. Robert B. Krebs
Regional Supervisor
NCDENR
Surface Water Protection
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115

P R
O P E R T I E S
L L C
August 29, 2008
Mr. Alan Johnson
NCDENR
Surface Water Protection
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Johnson:
991I Rose Commons Drive, Suite E432
Huntersviiie, NC28078
RECEIVED
S E P - 3 2008
DWG-Surfor,e Wdf-ar nrfecti®n
As you, requested at your last visit to the High; --Rock, Raceway.site, we inquired with
the professionals at Mellow March Farm regarding the ability to plant seed in the
shallow stream water in August. They recommended that we -wait :until September
to do any planting, including that to be done in the stream. Even if the stream
level is higher, the seeds planted in the stream should take and will have a better
rate of survival if planted as the weather begins to cool in September.
Waiting until September will also allow pis to work with Catawba College's Center for
the Environment for our seeding and planting, in that their classes will be back in
session.
We have: worked with Mellow;Marsh.Farm to select seeds that they feel will work
well for:.o.ur:initial seeding: We will work with the Center for the Environment to live
stake tree,speci,es;and;other:�plantings. We plan on completing the seeding and
plantings- by:rnid-October.
As we complete the seeding and plantings we will contact you to arrange a site
visit. Please contact me in the interim should you have any additional questions or
concerns. Thank you.

co
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
September 16, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Esprises, Ltd.
Attn: Lisa Giovanniello
6211 McNeely Road
Waxhaw, North Carolina 28173
Subject Property: NcNeely Farms Subdivision — After the Fact
Permitting Fee and PCN Sets
® INCORRECT FEE
® PCN SETS
Dear Ms. Giovanniello:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-1409
Union County
S EP 18 2008
e UEIZ MRVO
L Y& urface Wafter Prof ee. -
On September 16, 2008, the Division of Water Quality (DWQ) received your application dated
September 15, 2008 for the above referenced project. The DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive five copies of the additional information requested
and/or fee below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information and/or fee so that we may continue to review your project.
Additional Information Requested:
® Incorrect permitting fee amount. Your check # 01681 for $575.00 is herein enclosed for fee
correction. DWQ does not retain any payment unless it is in the correct amount. Please remit
$570. Please note that beginning July 1, 2007, the N.C. General Assembly passed an increase
for application fees for all regulatory programs administered by DWQ. The director of DWQ
determined that the fee increase would specifically become effective for the 401 Program on
September 1, 2007.
The fee for applications is $240 for projects impacting less than an acre of wetland and less than
150 linear feet of streams whether intermittent or perennial). For projects impacting one or more
acres of wetland or 150 or more feet of streams (whether intermittent or perennial), the fee is
$570.
® DWQ requires five (5) complete PCN applications and associated maps sets to begin the review and
approval process. Please submit four (4) more PCN application sets. Only one (1) PCN was
provided with the map and narrative overview sets.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state;nc.us/ncwetiands
NorthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as returned.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter
Sincerely,
r,
Wyndiaroly,Supervisor
ersight/Express Review Permitting Unit
CBK/Zjd
Enclosure: Check #0168 for $575.00
cc: Allan Johnsen, D:WQ Mooresui•I•le-Regional'®ffce
US Army Corps of Engineers Asheville Regulatory Field Office
Matt Matthews, Wetlands and Stormwater Branch
Cornerstone Consultants, Inc., Randy Mosby, PO Box 885, Waxhaw, NC 28173
File Copy + check copy
Filename: 081409McNeelyFarms SD(Un i on)_Hold_CkRetu_Sets

North Carolina Secretary of State
http://www. secretary. state.nc.us/corporations/Corp. aspx?Pitemld=7 8...
CORPORATIONS
North Carolina
Elaine F Marshall EPARE M NT OF THE
Secretary I ECRETARYOFSTATE
Corporations Home
Search By Corporate Name
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Date: 8/13/2007
Click here to:
View Document Filings I
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Form I Annual Report Count I File an Annual
Report I
Corporation Names
Name Name Type
NC High Rock Legal
Properties LLC
Limited Liability Company Information
SOSI D:
0804019
Status:
Current -Active
Date Formed:
9/22/2005
Citizenship:
Foreign
State of Inc.:
DE
Duration:
Perpetual
Registered Agent
Agent Name:
Registered
Office Address:
Registered
Mailing
Address:
Principal Office
Address:
Hart, Jeffrey C.
101 N. Tryon Street, Suite
1900
Charlotte NC 28246
101 N. Tryon Street, Suite
1900
Charlotte NC 28246
276 Washington Street,
PMB # 322
Boston MA 02108
Principal Mailing 276 Washington Street,
Address: PMB # 322
Boston MA 02108
1 of 2 8/13/2007 1:41 PM

Page i of-1
North Carolina
r . 71', !lf? ' Marsh DEPARTMENT OF THE
Secretary ECRE + �F STATE
$ � - J
FAO Box 29622 Ralelgh. NC 2762"622 (919M07-2000
Corporations
•Corporations Home
Date: 12/8/2006
•Important Notice
Click here to:
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Name Name Type
•Register for E-Procurement .
NC High Rock Properties Legal
9
•Dept. of Revenue
LLC
•SOSID Number Correction
Limited Liability Company Information '
Legislation
01999 Senate Bills
02001 Bill Summaries
SOSID: 0804019
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Agent Name: Hart, Jeffrey C.
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*Printable Page (New Window)
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Principal Office Address:. 276 Washington Street, PMB #.322
Boston MA 02108
Principal Mailing Address: 276 Washington Street, PMB # 322
Boston MA 02108
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http://,www.secretary.state.nc.us/Corporations/Corp.aspx?Pitemld=7827047
12/8/2006

Page i of 1
North Carollna
Elaine F 'ars,hall DEPARTMENTOF" THE
Secretary SECRETARYOF STATE
Corporations
•Corporations Home
*Important Notice
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®Tobacco Manufacturers
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Search
*By Corporate Name
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Online Orders
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Contact Us
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PO Box 29622 Raleigh, NC 27626-0622 (919W7-2000
Date: 12/8/2006
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Corporation Names
Name (dame Type
NC F.C. Development LLC Legal
Limited Liability Company Information
SOSID:
0804156
Status:
Current -Active
Date Formed:
9/23/2005
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing Address:
Principal Office Address:
Principal Mailing Address:
Gamelin, Tom
2220 Long Ferry Rd
Salisbury NC 28146
2220 Long Ferry Rd
Salisbury NC 28146
No Address
No Address
For questions or comments about the North Carolina Secretary or State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/Corporations/Corp.aspx?Pitemld=7827318 12/8/2006

SOSID: 804156
Date Filed:, 9/23/2005 9:12:0.0 AM
Elaine F.'Marshall
North Carolina Secretary of State
State of North Carolina C200526500021
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: F: C. DEVELOPMENT LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the.
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit...on the duration of the limited liability company.)
3. The.name and address of each person executing these articles of organization is as follows:
(State whether each person is executing ahese articles of organization in the capacity of a .
member, organizer or both. Note: :This document must. be signed by all persons. listed here).
TIMOTHY HARRELL DOUG THOMAS TOM GAMELIN
277 W. A. GRUBB RD 2220 LONG FERRY, RD 2220 LONG FERRY RD
LEXINGTON NC 27295 SALISBURY NC 28146 SALISBURY NC 281*4
ORGANIZER AND MEMBER ORGANIZER AND MEMBER ORGANIZER AND MEMBER
4. The street address and county of the initial registered office of the limited -liability company. is:
Number and Street 2220 LONG FERRY RD
City, State, Zip Code SALISBURY. NC 28146 County ROWAN
5. The mailing address, if different from the street address, of the initial registered office is:
6. The name of the initial registered agent is: TOM GAMELIN .
- - 7.= Principal•office-information: (Select either -a orb)
a. ❑ The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street
City, State, Zip Code County
The mailing address, if different from the street address, of the principal office of the corporation is:
b. 0 The limited liability. company does not have a principal office.

"S. Check one of the following:
(i) Member -managed LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is the 1 day of SEPTEMBER 920 05 .
F. C. DEVELOPMENT LLC
ORGANIZER
Type or Print Yame and Title '
-okn Y- S
ORGANIZE0
ORGANIZER
NOTES:
1. Filing fee is $125. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form L=01)
Instructions for Filing

State of North Carolina
Department of the Secretary of State
SOSID: 804010
Date Filed: 0/22/2005 2:18:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200526400332
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY COMPANY
Pursuant to §57C-7-04 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a
Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following:
1. The name of the limited liability company is High Rock Properties LLC; .
and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited
liability company wishes to use is
2. The state or country under whose laws the limited liability company was formed is: Delaware
3. The dale of fonnation was September 26, 2001 ;its `period of duration is: perpetual.
4. Principal office information: (Select, either a or b.)
a. ® The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street: 276 Washington Street, PMB #322
City, State, Zip Code: Boston, Massachusetts 02108 County: Suffolk
The mailing address, if different from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
5. The street address and county of the registered office in the State of North Carolina is:
Number and Street: 101 N. Tryon Street, Suite 1900
City, State, Zip Code: Charlotte, North Carolina 28246 County: Mecklenburg
6. The mailing address, if different from the street address, of the registered office in the State of North Carolina is:
7. The name of the registered agent in the State of North Carolina is: Jeffrey C. Hart
CORPORATIONS DIVISION :P. O. BOX 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (1}OFh? L=09

APPLICATION FOR CERTIFICATE OF AUTHORITY
Page 2
8. The names, titles, and usual business addresses of the current managers of the limited liability company are:
(use attachment if necessary)
Name Business Address
David L. Risdon 276 Washington Street, PMB #322, Boston, MA 02108
Barbara L. Ames 276 Washington Street, PMB #322, Boston, MA 02108
J. Frank McGuire 276 Washington Street, PMB 4322, Boston, MA 02108
9. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be
lessthansix months old. A photocopy of the certification cannot be accepted.
10. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the
resolution of its managers adopting the fictitious name is attached.
11. This application will be effective upon filing, unless a delayed date and/or time is specified:
This the day of September, 2005
HIGH ROCK P PERTIES LLC
S' nature of 414na ,
Type or Print Name
Notes:
1. Filing fee is $250. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
(Revised January 2002) ,.,+;. ' - ' ""`�-" ` (Form L-09)

i
DeCaw
are PAGE 1
71he First State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "HIGH ROCK PROPERTIES LLC" IS DULY
FORMED UNDER THE LAWS OF THE'STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHOW, AS OF THE FIFTEENTH DAY OF SEPTEMBER, A.D. 2005.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE
BEEN PAID TO DATE.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "HIGH ROCK
PROPERTIES LLC" WAS FORMED ON THE TWENTY-EIGHTH DAY OF
SEPTEMBER, A.D. 2001.
3442091 8300
050755446
Harriet Smith Windsor, Secretary. of State
AUTHENTICATION: 4157074
DATE: 09-15-.05

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DISCLAIMER: This information was prepared from the Rowan County, NC Geographic Information System. Rowan
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The information provided is a representation of various City and County data sources and does not serve as an official
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Rowan County makes no warranty or other assertion as to the fitness of the maps for any particular purpose and
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thereof.
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http://arcims2.webgis.netInelRowanlprintable.asp?process=undefined&x2=undefined&y2=undef... 10/19/2007

DISCLAIMER: This information was prepared from the Rowari County, NC Geographic Information System. Rowan
County has made substantial efforts to ensure the accuracy of location and labeling information contained on this site.
The information provided is a representation of various City and County data sources and does not serve as an official
map. Rowan County promotes and recommends the independent verification of any information contained on this site
by the user.
Rowan County makes no warranty or other assertion as to the fitness of the maps for any particular purpose and
neither Rowan County nor it's agents or employees shall be liable for any claim alleged to have resulted from any use
thereof.
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�OF wHTF9Q Michael F. Easley, Governor
\O G William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
j Coleen H. Sullins, Director
Division of Water Quality
AQUIFER PROTECTION SECTION
September 26, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffrey C. Hart
Registered Agent for High Rock Properties, LLC
101 N. Tryon Street, Suite 1900
Charlotte, NC 28246
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, NC 28146
RE: On Site Sludge from the Old Colortex / NC
Finishing Wastewater Treatment Plant
Spencer, Rowan County
Dear Mr. Hart and Mr. Gamelin:
It is our understanding that you have completed removal of sludge from the on site stream/wetland
area, that was spilled in November 2006. This sludge is regulated by the State of North Carolina under
the General Statutes 15 NCAC Subchapter 02T Rules.
By this letter, we request that you submit a final disposal plan for all sludge at the site (sludge
remaining in the basins and sludge from the stream/wetland area now in temporary storage in the former
digesters) within 30 days of receipt of this letter. Please note that you should not move or remove any
sludge, anywhere on the site until we are in receipt of the aforementioned plan. As I have discussed with
Dave Risdon, sending the sludge to a landfill can be an acceptable disposal method. Your disposal plan
should include the chosen disposal method as well as provisions for representative sampling and any
treatment, such as dewatering or solidifying of the sludge, necessary for final disposal.
Be advised that North Carolina General Statutes, provide for civil penalty assessment of up to
$25,000 per day per violation as well as criminal penalties for violations of state environmental laws and
regulations. Submittal of the disposal plan does not relieve you from any other responsibilities that you
may have with regards to local ordinances or agreements or for compliance with any other applicable
state or federal laws.
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: [phone] Fax: [phone] N""o��e
hCarolina
610 East Center Avenue, Suite 301, Mooresville, NC 28115 Internet: www.ncwaterouality.ora �vaturally

Colortex Sludge
Page 2 of 2
9/26/2007
Please address your response and your disposal plan to the attention of Ms. Ellen Huffman at the
address below. If you have any questions concerning this matter, please do not hesitate to contact Ms.
Huffman or myself at [phone].
Si erely,
1
Andrew H. Pitner, P.G.
Environmental Regional Supervisor MRO APS
cc: Rick Shiver, Assistant Director of Regional Operations, DWQ
KrebMrface Water Protection, MRO
Ellen Huffman, Aquifer Protection, MRO
Lloyd Pace, Rowan County Environmental Services
Jay Dees, Rowan County Attorney Office
Ed Hardee/Kim Colson, Aquifer Protection, Central Office
Dave Risdon, High Rock Properties LLC

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2007-03125
County: Rowan
Notification of Unauthorized Activity/Permit Noncompliance
Responsible Party: High Rock Properties, Att'n: Mr. Dave Risdon
2555 Hwy. 29 North
Spencer, NC 28146
Telephone Number: [phone]
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Property located on a 39 acre tract between I-85 and NC 150 just south of the Yadkin River (High Rock Lake);
northeast of Spencer
Description of Unauthorized Activity/Permit Noncompliance:
Unauthorized deposition of soil material on approx. 2.0 acres of wetlands resulting from road building
and temporary access pad placenient associated with a sludge cleanup operation along a UT -Yadkin R.
Indicate which 'of the following apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 131 1)
Unless you have a Department of the Army permit for the above -described activity, it is a violation of federal law as
specified above. You have agreed to do no further work in waters or wetlands without the required Department of the
Army permit. Any further unauthorized work in waters or wetlands will be considered an intentional violation of
federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of
Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the
required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative
action, and may request U.S. Attorney to file suit against you. If you need further information about the Corps of
Engineers regulatory program, please contact
Steve Chapin at [phone] X224..
Remedial ActionAequested: As agreed to, within 30 days'of the date of this notice, submit to this office an acceptable
wetland restoration plan. The plan will include replanting details, timetable, map, and discussion on how the wetlands
will be restored. As agreed to, within 90 days of this notice, the wetlands will be restored to original elevation. The
restoration will include removing fill material from the impacted wetlands and putting fill back in (in laces for
purpose of reestablishing the original elevation in the impacted wetland area. The re s i als olv - L)
smoothing, and planting with hydrophytic woody species.
Your signature acknowledges receipt of this notification. OCT - 2 2007
Property Owner/Responsible Party Signature
Project Manager Signature
Date: October 1, 2007
D -Surface Wc1ter Protection
cc: NCDENR-DWQ (Mr. Alan Johnson); Rowan County (Mr. Lloyd Pace); Mr.
J. Ron Gentry

or-tex BF site
Subject: NC Finishing/Color-tex BF site
From: Sandra Moore <[e-mail]>
Date: Mon, 08 Oct 2007 15 49:11 -0500
To: "<\"Andrew Pitner - MRO Aquifer Protection\"> <[e-mail]>, "<\" Rob Krebs -
UST Section\">" <[e-mail]>, [e-mail], Bruce Parris
<[e-mail]>; Trudy Mechum <[e-mail]>, Charlotte Jesneck
<charlotte.Jesneck@.ncmai.l.net>, Tony <[e-mail]>, Rob Gelblum
<[e-mail]>, [e-mail], Sandra.Moore <[e-mail]>
.... .
Because°of your agency's involvement.with.the above referenced.brownfields,site,
please find attached a letter to David 'Risdon;.contact for the p.otentlal.d.eveloper,
North Carolina Warehouse, LLL, informing him -that the status of the.site has been
changed from "No Further.Interest" .to."Ineligible". A brownfields agreement.with
this potential developer or affiliate will not be forthcoming. If you have any
questions .concerning the letter, please don't hesitate to contact.me at 919-508-8419
or by email.at.sandra:[e-mail].:Sincerely,.
Sandra Moose .
BF Project Manager.
i Content -Type: application/pd
;olortex Notification.pdf,
Content -Encoding: base64

A FINVA
NCDENR
North Carolina Department of Environment and Natural Resource
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Govemor
Villiam G. Ross Jr:, Secretary
October 8, 2007
CERTIFIED MAIL RETURN RECEIPT
Mr. David Risdon
c/o High Rock Properties, LLC
8734 Brentfield Road,
Huntersville, NC 28078
Subject: Notification of Status — North Carolina Warehouse LLC
Colortex International Property
2555 Hwy 29 North
Salisbury, Rowan County
Brownfields Project Number: 09002-05-80
Dear Mr. Risdon:
A Brownfields Site Status Letter dated June 8, 2006 was sent to you changing the status
of the above referenced site from "Active Eligible" to "No Further Interest" due to inactivity of
this project. This letter is to inform you that the status of this site has now been changed from
"No Further Interest" (NFI) to "Ineligible" due to a lack of response on your part to requests
related to compliance with all applicable procedural requirements of the Brownfields Program
and failure to substantially comply with federal and state laws, regulations, and rules for the
protection of the environment (see N.C.G.S. 130A-310.32).
Our records indicate your acceptance of, on behalf of North Carolina Warehouse LLC as
prospective developer, a draft brownfields agreement (see April 4, 2005 email to Rob Gelblum).
Since that time you have not provided the following requested items necessary to move toward a
final brownfields agreement:
• A letter stating that the brownfields agreement is necessary in order to obtain the
loan for redevelopment and that the property will be used as collateral for the loan
(see 1/31/2005 LOE) that was a condition of your eligibility;
• The $2000 Brownfields fee;
• A survey plat meeting the applicable requirements;
• Updated contact information, redevelopment plans, and financial information.
401 Oberlin Road, Suite 150, Raleigh, North Carolina 276919-164+; .
Phone [phone] x FAX [phone] \ inter let Lvww.rebro,vrfields.org
An EgPei OpporlJrlrr : Affirmatve Action Errpllrsr — Printed Ln 01 tat Puip�r.- tR&cyded Paper

Qr. David Risdon-
)ctober 8, 2007 .
,age 2 of 2
Further, Section V of the draft brownfields agreement (dBFA) outlines assessment and
other activities to be conducted.prior to use of the Property, as well ascertain land use
restrictions. It has come to our attention that you have moved forward with redevelopment of the
Property without regard for the dBFA requirements which were necessary to make the property
suitable for the uses specified in the dBFA.
Of additional concern is the fact that a Notice of Violation was issued by DENR's
Division of Water Quality for an illegal discharge of sludge that occurred at the property in
November 2006. More recently it has come to our attention that a permanent restraining order
was issued by Rowan County to "cease and desist immediately any land -disturbing activity" at
the site after grading activities continued without the required erosion control plan.
For the reasons discussed above, the DENR Brownfields Program is denying eligibility
for project number 09002-05-80. The site remains in the Division of Waste Management's
Inactive Hazardous Site Branch inventory. If you have any questions concerning this
correspondence please contact Sandra Moore at 9.19-50.8-8419 or via email at
[e-mail]. .....
Sincerely,
Linda Culpepper
Deputy Director
Division of Waste Management
cc: ... Central Files
EC: Andrew Pitner, DENR DWQ
Rob Krebs, DENR DWQ
Wes Bell, DENR DWQ
Bruce Parris, DENR IHSB
Trudy Mechum, DENR IHSB
Charlotte Jesneck DENR IHSB
Tony Duque, DENR Brownfields
Rob Gelblum, DOJ
Sandra Moore, DENR Brownfields
Lloyd Pace, Rowan.County
I.

n I, A s �.
C Cl1__
pR�G 12. \'l69 I
Rowan County Planning and Development Department
402 North Main Street • Salisbury, N.C. 28144-4341
Building Inspections: 704-216-8619 Planning: 704-216-8588 Fax: [phone]
December 19, 2007
High Rock Properties LLC
% Dave Risdon
8734 Brentfield Rd.
Huntersville, NC 28078-5815
RE: APPROVAL LETTER — EROSION CONTROL PLAN
PROJECT NAME: WETLANDS RESTORATION
LOCATION: HWY 29
Dear Mr. Risdon:
This office has reviewed the subject erosion and sedimentation control plan only
for this area as it relates to the boundaries depicted on the disturbed area limits of the
Wetlands Restoration Plan approved by NCDENR. The plan for this area is acceptable
and this letter of approval is issued with performance reservations and the following
comments:
1. Erosion and sedimentation approval is granted only for the area
shown on the Wetlands Restoration Plan.
2. This approved plan is ONLY for the removal of dirt from the
wetlands and its stockpiling for future use on the site.
3. A pre -construction conference is REQUIRED for this restoration
project. Contact this office at least 48 hours in advance to
schedule this conference and allow time to coordinate with NC
DENR (Water Quality) to be present.
4. If any areas are disturbed other than those shown on the approved
Wetlands Restoration Plan and associated erosion and
sedimentation plan, Rowan County will IMMEDIATELY seek a
Temporary and Permanent Restraining Order.
Please be advised that Section 18-52 b. of the Rowan County Soil Erosion &
Sedimentation Ordinance states that a copy of the approved Erosion Control Plan be on
file at the job site. Also, consider this letter as serving the Notice required by G.S. 113A-

Frr'61(d) and Section 18.53 a. of that same ordinance specifying the County's right of
periodic inspection to insure compliance with the approved plan.
Rowan County's Sedimentation Pollution Control Program is performance
oriented, requiring protection of the natural resources and adjoining properties. If,
following the commencement of this project, it is determined that the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedimentation
Pollution Act of 1973 (North Carolina General Statute 113A-51 thru —66), which are set
forth in the local ordinance, this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Please note that this approval is based in part on the accuracy of the information
provided in the Financial Responsibility Form, which you have provided. You are
requested to file an amended form if there is any change in the information included on
the form. In addition, it would be helpful if you notify this office of the proposed starting
date for this project.
Please find enclosed additional information regarding regulatory authority of the
North Carolina Department of Environment and Natural Resources relevant to this
project. Should you have any questions about these requirements, direct your inquiry to
the person indicated on the information sheet attached to the permit.
Your cooperation is appreciated and we look forward to working with you on this
project. If you have any questions, please call me at 704-216-8598.
Sincerely,
Lloyd T. Pace, CZO
Ordinance Enforcement Officer
CC: Dustin Wilson, Town of Spencer
J. Dees, County Attorney
Robert Krebbs, NCDENR
Andrew Pittner, NCDENR
Frank McGuire, High Rock Properties
Salisbury Planning and Engineering

A, -
& Roway L
t COG � �0Y
0
Rowan County Planning and Development Department.
402 North Main Street • Salisbury, N.C. 28144-4341
Building Inspections: 704-216-8619 Planning: 704-216-8588 Fax: [phone]
December 19, 2007
High Rock Properties LLC
% Dave Risdon
8734 Brentfield Rd.
Huntersville, NC 28078-5815
RE: APPROVAL LETTER — EROSION CONTROL PLAN
PROJECT NAME: WETLANDS RESTORATION
LOCATION: HWY 29
Dear Mr. R.isdon:
This office has reviewed the subject erosion and sedimentation control plan only
for this area as it relates to the boundaries depicted on the disturbed area limits of the
Wetlands Restoration Plan approved by NCDENR. The plan for this area is acceptable
and this letter of approval is issued with performance reservations and the following
comments:
1. Erosion and sedimentation approval is granted only for the area
shown on the Wetlands Restoration Plan.
2. This approved plan is ONLY for the removal of dirt from the
wetlands and its stockpiling for future use on the site.
3. A pre -construction conference is REQUIRED for this restoration
project. Contact this office at least 48 hours in advance to
schedule this conference and allow time to coordinate with NC
DENR (Water Quality) to be present.
4. If any areas are disturbed other than those shown on the approved
Wetlands Restoration Plan and associated erosion and
sedimentation plan, Rowan County will IMMEDIATELY seek a
Temporary and Permanent Restraining Order.
Please be advised that Section 18-52 b. of the Rowan County Soil Erosion &
Sedimentation Ordinance states that a copy of the approved Erosion Control Plan be on
file at the job site. Also, consider this letter as serving the Notice required by G.S. 113A-

61(d) and Section 18.53 a. of that same ordinance specifying the County's right of
periodic inspection to insure compliance with the approved plan.
Rowan County's Sedimentation Pollution Control Program is performance
oriented, requiring protection of the natural resources and adjoining properties. If,
following the commencement of.this project, it is determined that the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedimentation
Pollution Act of 1973 (North Carolina General Statute 113A-51 thru —66), which are set
forth in the local ordinance, this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Please note that this approval is based in part on the accuracy of the information
provided in the Financial Responsibility Form, which you have provided. You are
requested to file an amended form if there is any change in the information included on
the form. In addition, it would be helpful if you notify this office of the proposed starting
date for this project.
Please find enclosed additional information regarding regulatory authority of the
North Carolina Department of Environment and Natural Resources relevant to this
project. Should you have any questions about these requirements, direct your inquiry to
the person indicated on the information sheet attached to the permit.
Your cooperation is appreciated and we look forward to working with you on this
project. If you have any questions, please call me at 704-216-8598.
Sincerely,
Lloyd T. Pace, CZO
Ordinance Enforcement Officer
CC: Dustin Wilson, Town of Spencer
J. Dees, County Attorney
Robert Krebbs, NCDENR
Andrew Pittner, NCDENR
Frank McGuire, High Rock Properties
Salisbury Planning and Engineering

o ROWgy
CG
9pR� 2. \1ST
Rowan County Planning and Development Department
402 North Main Street • Salisbury, N.C. 28144-4341
Building Inspections: 704-216-8619 Planning: 704-216-8588 Fax: [phone]
March 26, 2008
High Rock Properties LLC
% Dave Risdon
8734 Brentfield Rd.
Huntersville, NC 28078-5815
RE: APPROVAL LETTER — EROSION CONTROL PLAN
CLEARING & GRUBBING
PROJECT NAME: HIGH ROCK RACEWAY
LOCATION: HWY 29
REC"D PLANS: FEBRUARY 27, 2008
Dear Mr. Risdon:
This office has reviewed the subject erosion and sedimentation control plan for clearing
and grubbing. We find the plan to be acceptable and hereby issue this letter of approval with
modifications and performance reservations with the following comments:
1. Seeding must occur when an area is dormant. Entire site should not be left
dormant while work progresses through the entire site. May need to show
phases of work with a minimum of the 21-day temporary groundcover
requirement.
2. Sediment basins must be configured such that they outlet into the creeks, not
into diversions leading to another down gradient sediment basin.
3. Stream impacts are not permitted by this plan. Local approval will still be
required in addition to the DENR 401 permits. Need a copy of this approval
for file.
4. Sediment basin #26. May need to install temporary diversion upslope from
silt fence directing runoff into sediment basin #27 and minimizing flow to silt
fence.
5. Sediment basin #24. May need to install temporary diversion along top of
slope (southwest of sediment basin #24) to ensure that runoff reaches
sediment basin.
6. Appears to need some protection for area down gradient of sediment basin
#24.
7. May need some type of armored outlet due to the steepness of slopes for
sediment basins #23 and #24.
8. Sediment basin #26 diversion is bucking grade.

9. A pre -construction conference is MANDATORY for this project. Contact
this office at least 48 hours in advance to schedule this conference and allow
time to coordinate with NCDENR (Water Quality and Aquifer Protection) to
be present.
Please be advised that Section 18-52 b. of the Rowan County Soil Erosion &
Sedimentation Ordinance states that a copy of the approved Erosion Control Plan be on file at the
job site. Also, consider this letter as serving the Notice required by G.S. 113A-61(d) and Section
18.53 a. of that same ordinance specifying the County's right of periodic inspection to insure
compliance with the approved plan.
Rowan County's Sedimentation Pollution Control Program is performance oriented,
requiring protection of the natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Act of 1973 (North Carolina
General Statute 113A-51 thru —66), which are set forth in the local ordinance, this office may
require revisions to the plan and implementation of the revisions to insure compliance with the
Act.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you have provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project.
Please find enclosed additional information regarding regulatory authority of the North
Carolina Department of Environment and Natural Resources relevant to this project. Should you
have any questions about these requirements, direct your inquiry to the person indicated on the
information sheet attached to the permit.
Your cooperation is appreciated and we look forward to working with you on this project.
If you have any questions, please call me at 704-216-8598.
Sincerely,
Lloyd T. Pace, CZO
Ordinance Enforcement Officer
Enc: NPDES General Permit
CC: Dustin Wilson, Town of Spencer
J. Dees, County Attorney
Robert Krebbs, NCDENR
Andrew Pittner, NCDENR
Frank McGuire, High Rock Properties
Salisbury Planning and Engineering

high rock properties
Subject: high rock properties
From: "Chapin, Stephen SAW" <[e-mail]>
Date: Wed, 4 Jun 2008 09:08:13 -0400
To: "Alan Johnson" <[e-mail]>
CC: "Dave Risdon" <[e-mail]>
Alan:
The following is a summarization of my meeting with High Rock. Properties, Lloyd Pace (county), and Daryl
Wagoner (Salisbury Eng.) on June 2, 2008:
First Part of Meeting
Told High Rock that the wetland restoration is not finished until the rest of the fill removed. There are still "fingers"
and pads of fill within the wetland area that need to be removed by maybe another 6-12" to get area back down to
original grade. High Rock said they would get this done ASAP.
Also, now it is too late for plantings and this will need to be done in the Fall. I told them this would be all right and
that getting the elevations right is the highest priority right now. Until the fill is removed and the wetlands planted,
we will not retire the file.
Second Part of Meeting
Looked at all of the crossings for the race track and also the sludge pond.
Crossing #1 — From RR tracks down — very dry and channel partially vegetated. Told High Rock that. this channel
was ephemeral and not in our jurisdiction.
Crossing #2 — Another channel from RR tracks down — crossing has "squashed" culvert (installed probably in the
50's) and channel is carrying flow. Told High Rock that this channel is jurisdictional.
Crossing #3 — Perennial channel on property that flows down to wetlands. This channel has an approx. 20 LF
black plastic crossing that High Rock says will be removed, the channel restored, and a spanning structure
installed outside of our jurisdiction.
Crossing #4 — Dry (now), intermittent channel that does have bed, bank, and ordinary high water mark. Told High
Rock this channel is jurisdictional. They said that if they cross this channel they will do it with a spanning structure.
Crossing #5 — Across field from #4, is intermittent but does have flow and is jurisdictional. Pipe for crossing has
been removed already. I told them this crossing needs stabilization with mulch and vegetation and that some small
dirt piles in channel need immediate removal. Also, told them another black plastic pipe off to the side of the
channel should also be removed. High Rock said they would do the above referenced work and also span this
crossing if needed.
With regards to sludge pond, Mr. Risdon said that 95% of sludge has been removed and deposited on high
ground. Currently, the sludge ponds are partially filled with rain water. They seemed partially confused with
regards to further vegetation needed and that they should talk to you about this.
Hope I covered everything.
Best regards, Steve C.
1 of 1 6/5/2008 4:07 PM

colortex
Subject: colortex
From: Alan Johnson <[e-mail]>
Date: Thu, 18 Oct 2007 16:52:1.0 -0400
To: Rob Krebs <[e-mail]>, Donna. Hood <[e-mail]>, Wes Bell
<[e-mail]>
Have reviewed the plan... the following is required:
--The plan doesn't seem to match the actual condition. It wasn't a cylindrical
flow/impact..
--Overlay of project area to the existing conditions, landmarks: culverts, power
lines, entrance to area, pond
--Live stakes (trees) shall be planted at 380/acre. (The list submitted is fine, as
well as the seed mix)
--Basic Landmarks ID: Culvert from I-85 (near the pond),. the entrance down to the
site, the pond.
--Direction Arrow gi `
--"Marshmallow" included in plant list. 1
--Elevations ID that are to be restored. (there should be a slight gradient from up to
down stream)
--Wetland boundary ID (area of restoration). It may be prudent to show the
"disturbed" area and the wetland area for clarification.
--Monitoring plan: Visual monitoring conducted quarterly following the first year of
completion and semi annually for the second year and report submitted (with photos) to
DWQ following each inspection. The hydrology shall be maintained and the vegetation
shall survive. No visual evidence of instability, erosion, or subsidence shall be
observe in the project area. Failure of any area wii require further work.
--ID abbreviations (i.e. "SF")
--Doesn't appear that the work goes far enough upstream (hard to tell since, no
landmarks to orient oneself)
In general more detail information regarding the project.
Wes/Donna....pass along comments to Rob
Thanks
Alan Johnson
North Caro
Div. of Wa let
610 E. Cen� J ��
Mooresville �I
Ph: (704) Es f
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1 of 1 10/18/2007 4:56 PM

h Rock Raceway Secures $30 Million Construction Loan]
S b' t• F d H' h R k S R $30 M•11' (It t' L ]
u jec . [ w . ig oc aceway ecures i ion ons ruc ion oan
From: Marcia Allocco <[e-mail]>
Date: Wed, 06 Aug 2008 16:35:24 -0400
To: Alan Johnson <[e-mail]>
Marcia Allocco - [e-mail]
Environmental Chemist
North Carolina Department of Environment & Natural Resources
Division of Water Quality - Surface Water Protection Group
610 East Center Ave., Suite 301
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Subject: High Rock Raceway Secures $30 Million Construction Loan
From: susan massengale <[e-mail]>
Date: Wed, 06 Aug 2008 15:18:04 -0500
To: DWQ Clips <[e-mail]>
High Rock Raceway Secures $30 Million Construction Loan
Aug 04, 2008, ©Copyright 2008, Roadracing,World Publishing, Inc.
From a press release </whatisapressrelease/> issued by High Rock Raceway:
SPENCER - High Rock Raceway announced today that it has accepted a $30 million
construction loan commitment from Vanderbilt Commercial Lending, Inc., headquartered in
Sacramento, Calif.
The $30 million construction loan will be used by High Rock to build 120 Race Townhomes
and the 2.15-mile road course that comprise Phase I of the High Rock Raceway. High Rock
anticipates closing on the construction loan before the end of September and completing
construction of the track and 120 Race Townhomes by this time next year.
"We are excited to accept this loan commitment from Vanderbilt as we continue to move
forward with our project," said Rich Combs, chief operating officer of High Rock
Raceway. "We anticipate that quite soon we will be in full construction mode," said
Combs. Dan Brennan, chief executive officer of Reserve Capital LLC of Chicago, Illinois,
represented High Rock in the negotiation of the loan commitment with Vanderbilt. The
construction loan funds will be provided through Vanderbilt with commercial
mortgage -backed securities.
High Rock Raceway is being constructed on a portion of the land once occupied by the
North Carolina Finishing Mill, which housed Color -Tex at the time the plant closed. A
portion of the proceeds from the construction loan will be allocated to paying more than
$100,000 in back wages to former Color -Tex employees.
The loan commitment announcement comes on the heels of an approval of the wetland
tributary restoration by the U.S. Army Corps of Engineers. The wetland tributary will
also need to be reviewed by the North Carolina Department of Environmental and Natural
Resources (NCDENR), which Combs said he anticipates happening in the coming weeks.
Wetlands around the track, which sits on the Yadkin River, are important for flood and
water quality control. Once the NCDENR approves the wetland tributary, the final step
will be landscaping, when the weather cools this fall. Raceway officials will work with
Catawba College's Center for the Environment on this final step in the process.
"We're glad our efforts are improving the environment in the area," said Combs. "The
community will see tremendous growth with the project in the coming months, and we are
1 of 2 8/7/2008 8:31 AM

h Rock Raceway Secures $30 Million Construction Loan]
looking forward to construction beginning on the townhomes in the near future."
Once complete, High Rock Raceway will be the only "green" track in the nation. Its
design includes consumption -reducing materials and renewable energies and will feature
alternative fuels. The track also will be made available for free to companies and
researchers working to develop alternative fuels and vehicles.
About High Rock Raceway
High Rock Raceway will be the first and only dedicated road course in North Carolina.
This world -class road course, designed by legendary road racer Elliott Forbes -Robinson,
will feature 14 turns and span 2.15 miles. The Raceway will host both amateur and
professional car and motorcycle race events. The property is located in Spencer, North
Carolina, directly off Interstate 85 and approximately 40 minutes north of Charlotte and
45 minutes south of Greensboro.
DENR.DWQ.CLIPS mailing list
[e-mail]
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High Rock Raceway Secures $30 Million Construction Loan.eml
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2 of 2 8/7/2008 8:31 AM

JMichael F. Easley, Governor.
William G. Ross Jr., Secretary
w 1J North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David L. Risdon
Registered Agent for High Rock Properties LLC
8734 Brenfield Road
Huntersville, NC 28078
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, NC 28146
Dear Mr. Risdon & Mr. Gamelin:
Aquifer Protection Section
January 8, 2008
Subject: Sludge Removal Plan (Version 3) for
High Rock Raceway Site
(Former NC Finishing/Colortex)
Spencer, Rowan County
We have received and reviewed the third sludge removal plan submitted to this office on January 3,
2008, for the High Rock Raceway Site. Even though there are still a few issues that are not addressed in
the latest plan, we are approving the plan with the addition of the requirements herein, by this
correspondence.
. As outlined in the plan, the Division of Water Quality requires the sludge removal from the site to be
complete by August 1, 2008. A report documenting the clean up activities shall be submitted to this
office no later than August 4, 2008. That report shall include a description of the activities associated
with the cleanup and copies of analytical results associated with sampling. It shall also include copies of
disposal manifests or other records documenting wastewater removal from the various structures and
sludge receipt at the landfill.
Though not clearly identified in the plan, the following. items shall be addressed during the clean up
process:
o As we discussed during our meeting on December 18, 2007, you. will utilize a combination of
air -drying and mixing sludge with fly ash to achieve the necessary consistency of the material
for off -site transport. The balance of use of each method will be dependent on site conditions
and the established deadline to complete removal.
o Sludge samples and soil (liner material) samples shall be analyzed for TCLP metals, volatiles,
and semi-volatiles; and Total Petroleum Hydrocarbons (TPH), both gasoline (5035) and diesel
range (3550) organics.
o Wastewater samples shall be analyzed for metals, BOD, COD, and any other testing required
by the receiving Wastewater Treatment Plant.
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: [phone] Fax: [phone] NorthCaroaa
610 East Center Avenue, Suite 301, Mooresville, NC 28115 Internet: www.ncwaterguality.orq Naturally

Sludge Removal Plan
January 8, 2008
Page 2 of 2
o Documentation of sludge transport and removal shall be maintained on site such that
approximate volumes of material in various temporary storage locations shall be known daily
and an ongoing record of removing sludge/liner material/wastewater or bringing loads of fly
ash to or from the site shall be kept. This information shall be available. to Division
representatives in the event of future site inspections.
o You shall immediately file a report with the Division in the event of sludge spills during
transport or resulting from inclement weather and any other conditions that may present an
imminent environmental emergency.
Approval of the sludge removal plan does not relieve you of the responsibility to ensure that on -site
activities are conducted accordance with all applicable county, state and federal laws and that waste
generated during implementation of the plan is disposed of properly.
Please be advised that failure to abide by the conditions outlined in the plan and.contained in this
approval letter may subject you to assessment of civil penalties of up to Twenty -Five Thousand Dollars
($25,000) per day, per violation for noncompliance and/or criminal penalties under North Carolina
General Statutes.
If you need additional information concerning -this matter or will be unable to meet the required
deadlines, please contact either Ellen Huffman or myself at [phone] prior to the deadlines.
Sincerely,
Andrew H. Pitner, P.G.
Environmental Regional Supervisor MRO APS
Enclosures:
cc: Jon Risgaard, DWQ-APS Central Office
R;ob"91K ebs; DVV6=SV1/PS'MRO
Rick Shiver, Assistant Director of Regional Operations, DWQ Central Office
Jay Dees, Rowan County Attorney Office
Lloyd Pace, Rowan County Environmental Services
Daryl Wagner, Salisbury Engineering & Planning, 516-A North Main Street, Salisbury, NC 28144
Zahid Kahn, MRO-LQS
Linda Culpepper, DWM Raleigh

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
OF w A rFR
0 '7 a
Mr. David L. Risdon
Registered Agent for High Rock Properties LLC
8734 Brenfield Road
Huntersville, NC 28078
Mr. Tom Gamelin
Registered Agent for F.C. Development, LLC
2220 Long Ferry Road
Salisbury, NC 28146
Dear Mr. Risdon & Mr. Gamelin:
Coleen H. Sullins, Director
Qi ,q of Water Quality
J*,tion Section
November 16, 2007
Nov 19 2007
NC DENR SIR®
In
1,, I !i . P
Subject: Sludge Removal Plan for
High Rock Raceway Site
(Old NC Finishing/Colortex Site)
Spencer, Rowan County
We are in receipt of the Sludge Removal Plan for the High Rock Raceway, submitted to this office
on October 31, 2007. We have reviewed the plan and the Division .of Water Quality requires additional
information and revisions to the plan before the review can be completed and possible approval for work
related to the sludge can commence.
The following items shall -be addressed in the next submittal:
1. Sampling / Sludge Extent
a. The submitted plan discusses a single sludge sample result without description of how
and where that sample was collected. A single sample is not adequate to characterize
such a large volume of sludge. We recommend that additional sampling and testing of
the sludge be performed by a certified laboratory under guidance of a professional
engineer or geologist. We further recommend that an adequate plan will address
sludge sampling based on each storage location with representative coverage at each
of those locations (for instance, "two composite samples shall be collected from aerobic
digester #1" or "grab samples representing approximately each 20,000 sq ft of the
activated sludge lagoon will be collected"). The analytical methods used for the
submitted sample are acceptable to the Division for future analyses. Your plan should
also note that if any sludge sampling results are returned at concentrations exceeding
those for classification as hazardous waste, that work in that area will be stopped until
you have approval from the Division of Waste Management on handling and proper
disposal of that material.
b. The plan makes no reference to sampling of the liner (if one exists) or soils below the
lagoons. Please refer to the enclosed guidance on lagoon closure to prepare an
adequate sampling plan that includes both the contents (sludge) and the structures to
be closed.
c. Due to recent grading activities, the extent of sludge in the lagoons will need to be re-
evaluated. Enclosed photos illustrating sludge extent in November 2006 and photos
taken this month indicate that grading ,has likely covered portions of the lagoon sludge.
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: [phone] Fax: [phone] N�o�lrthCarolina
610 East Center Avenue, Suite 301, Mooresville, NC 28115 Internet: �snn��+r ncvergu _atality..M d►'atuCally

Sludge Removal Plan
November 16, 2007
Page 2 of 3
As such, your report should describe methodology (i.e. core sampling or trenching) that
will determine the vertical and lateral extent of sludge, particularly towards the edges of
the lagoons. It is possible that formerly clean fill now mixed with the sludge at the
edges of the lagoon will also have to be disposed of properly to ensure that sludge
removal from the lagoons is complete.
2. Sludge Evaluation / Temporary Sludge Storage / Disposal
a. The submitted plan makes reference to drying the sludge for final disposal at the landfill,
which is an acceptable solution to the Division. However, there is no evaluation of
sludge consistency to estimate how much drying needs to occur and no evaluation of
possible alternatives for drying the sludge in order to meet the landfill's requirements.
Your plan needs to evaluate the sludge, describe various alternatives for adequate
drying, and recommend the chosen drying method.
b. As this site was an old wastewater treatment plant, you are likely to find more sludge in
the existing basins that you plan to demolish. Any additional sludges found in those
basins will also need to be assessed and disposed of under the revised plan, if testing
shows the sludges meet requirements consistent with the disposal methods outlined in
the plan. It is acceptable to the Division to use the existing aerobic digester basins,
which are currently full, as temporary storage during sludge removal process from the
lagoons. All other structures, such as the clarifiers or the surge basin, must undergo
sludge removal, sealing, and verification by an engineer that they are sound, before
they could be used as temporary storage for sludge from the lagoons.
c. Documentation of sludge moving onsite to temporary storage and for disposal shall be .
maintained onsite and be available to Division representatives in the event of future site
inspections. A final closure report containing landfill disposal manifests shall be
submitted.
d. The top portion of sludge currently stored in what is labeled as the "existing aerobic
digester basins" needs to be removed as soon as possible to create no less than two
feet of freeboard. Any temporary sludge storage should have adequate capacity to
handle possible runoff from a 24-hour, 25-year storm event.
3. Temporary Berm / Stormwater Retention Basin / Timetable
a. The Division supports building a temporary berm to protect the wetland restoration area
from potential re -mobilization of sludge in the lagoons by inclement weather. This
temporary, berm shall be placed in the partially demolished basin where the original
lagoon dam was removed, This -shall be done before any ether Sludge -related
activities are started.
b. It is acceptable to the Division to use a portion of the existing lagoons for a stormwater
retention basin, if that plan is approved by Rowan County. The timing of the
construction of this new structure and the relationship to completion of sludge removal
in that area needs to be adequately described your revised report.
c. The current report uses the phrase, "undetermined amount of time" for sludge disposal
in the landfill, which is unacceptable. Please submit a revised timetable of events that

Sludge Removal Plan
f�lovember 16, 2007
Page 3 of 3
adequately describes the sequence and timing of major phases of the sludge -related
work. We recommend that the timetable be based on days from ultimate approval by
Rowan County to commence work at the site.
Please submit your revised report that addresses the above items to the Mooresville
Regional Office no later than December 7, 2007. If the report is submitted earlier, we will be happy to
expedite our review to further progress at the site.
If you need additional information concerning this matter or will be unable to meet the required
deadline, please contact either Ellen Huffman or myself at [phone] prior to the deadline.
Sincerely,
Andrew H. Pitner, P.G.
Environmental Regional Supervisor MRO APS
Enclosures: Guidelines for the Closure of Treatment Ponds and Lagoons, 8/13/03
Photos of the site illustrating prior and current conditions
cc: Jon Risgaard, DWQ-APS Central Office
Rob;;Kre DWQ-SWPS MRO
Rick Shiver, Assistant Director of Regional Operations, DWQ Central Office
Jay Dees, Rowan County Attorney Office
Lloyd Pace, Rowan County Environmental Services
Daryl Wagner, Salisbury Engineering & Planning, 516-A North Main Street, Salisbury, NC 28144
Zahid Kahn, MRO-LQS
Linda Culpepper, DWM Raleigh

Page 1 of 2 Sludge Removal Plan Response - Enclosure Photos
Above, sludge in aeration lagoon in November 2006. Note the volume of sludge and that sludge
extends laterally to the edge of the steel baffle wall. At this point the baffle wall was not
compromised by demolition/grading activity.
Below, photos from November 2007 illustrating current conditions. Note in the zoomed photo on
the right that the baffle wall was breached and grading has apparently covered sludge along edges
and extending into both lagoons.

Page 2 of 2 Sludge Removal Plan Response - Enclosure Photos
C
Above - Digesters filled with sludge. No freeboard for a rain event.
Below - Current condition of drying beds, Nov. 1, 2007

August 18, 2003
TO: Groundwater Regional Supervisors
Permits & Compliance Unit
Operations Branch
FROM: Arthur Mouberry, P.E.
Chief, Groundwater Section
SUBJECT: Guidelines for the Closure of Treatment Ponds and Lagoons
Purpose: The purpose of these guidelines is to protect the quality of the groundwater resources
of the state while accomplishing the closure of a treatment pond or lagoon.
Background: Man-made treatment ponds and lagoon type structures are used to contain fluids
and semi -solids for a variety of reasons. As these ponds and lagoons become no longer
necessary, the structure needs to be abandoned in an environmentally friendly manner. The
Groundwater Section's major concern with the elimination of these structures is that
groundwater remains protected both during and after abandonment. Each structure must be
considered for its unique circumstances on a case -by -case basis.
Regulations relevant to the abandonment of ponds and lagoons for ground waters of the state
include the Classifications and Water Quality Standards found in Title 15A NCAC 2L. Other
pertinent standards and regulations may be found in the DENR Land Resources regulations
pertaining to Sedimentation and Erosion Control and Dam Safety, the DENR Waste
Management regulations pertaining to the disposal of wastes and sludge, and the NCDOT
regulations pertaining to transportation of materials on public highways. Lagoons for animal
waste are regulated under the federal NRCS Standards.
Recommended Procedure:
The major elements of pond and lagoon structures include the contents, the walls, the floor and
the liner, if one exists. Each element must be characterized for its quantity and material
properties in order to prepare a closure plan. Guidelines for the preparation of this plan are
described in the following steps:
1) Collect and assemble field information by characterizing the structural elements and
liquid contents, including bottom sludge in the impoundment. Sampling will be required
in most situations, and the types of sampling and analyses will depend on factors such as
what the lagoon was used for, its construction materials (earthen, concrete, natural or
synthetic liner), and size. The samples must be representative of the medium sampled,
and the rationale for the depths, locations and number of samples should be justified and
documented in preparation of being legally defensible. The sampling must be performed
Lagoon Closure final.doc Pagel of 3

under the direction of a qualified individual and analyzed by a DWQ Certified
Laboratory.
2) Prepare and submit a Closure Plan to the DWQ regional office at least 30 days prior to
commencing deconstruction activities. This should include as a minimum:
a. the quantity and characteristics (TCLP, nutrients, metals) of the materials for
disposal (contents, walls, floor and liner), including the calculations used to
determine volumes,
b. an assessment of alternatives (actions, costs and timing) in sufficient detail to
select an optimum approach consistent with minimal groundwater impact,
c. a proposed method for removal/disposal, including the abandonment and salvage
of any physical equipment, and a timetable for the project,
d. site reclamation plan and section view of the treatment, storage and disposal
area(s),
e. vicinity map, and
f. location map to scale showing items such as the location of sampling points,
existing monitoring and supply wells (within 500 feet), depth to groundwater,
direction of groundwater. flow, roads, structures, and rock outcrops.
3) If the structure is to be retained for an ornamental pond, storage or any other function
other than for treatment, then the Closure Plan will need to demonstrate that the residuals
of treatment (e.g. physical connections, bottom sludge, coliforms, nutrients and metals)
conform to all appropriate surface water standards.
If the structure is to be abandoned in place (totally or partially), sampling of the
underlying native soil, whether it has a natural or synthetic liner, is required. If the
sampling determines that the soil is contaminated, , then the Closure Plan will need to
demonstrate, by modeling or numerical calculations, that leaving the contents and or
structure materials in place will not cause a contravention of the groundwater quality
standards in the groundwater beneath the structure. If the modeling does not demonstrate
this, than removal or treatment of the soils must be included as part of the Closure Plan.
If it were an earthen structure, the preferable approach would be to completely eliminate
the walls and incorporate the material in the existing site.
4) Any land disturbing activity associated with the closure activities that affect more than
one (1) acre of land must have an erosion and sediment control plan approved by the.
T a f1.. 7:� C a: F,L. Tl:..: : T A U.-,.,...,.....,� ATO i_�, 0, ,1 C+ +,.+0 1 11 A
LQ11U I�UQll Ly 0Gl L1U11 0l L11e 111V1J1V11 0l 1_1 U 1\GJV UlI l J. IN%, lJl 111 lG1 UL[LLUW 11JA'
57(4) requires this plan to be submitted at least thirty (30) days prior to beginning the
land -disturbing activity.
Closure Documentation:
Lagoon Closure final.doc Page 2 of 3

Upon completion of the closure, the owner should submit documentation to the DWQ regional
office with the following:
1) A description of all actions taken and dates relative to the abandonment.
2) Copies of all pertinent correspondence with private, local, state and/or federal agencies.
3) Ultimate disposal sites with weigh tickets or processing verifications, as appropriate.
4) Certification by a Professional Engineer (PE) or Professional Geologist (PG) if the pond or
lagoon:
a) is greater than five (5) acres in total area,
b) contains hazardous substances as defined by TCLP tests, or
c) involves a breaching of a dam, which could impose a safety hazard to persons or property
below it.
Lagoon Closure final.doc Page 3 of 3

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report and no need .for Hazwoper
�t
Subject: Color Tex lab report and no need for Hazwoper,
From: Steve Lewis <[e-mail]>
Date: Tue, 12 Dec 2006 11:09:58 -0500
To: Wes Bell <[e-mail]>
CC: Jeff Poupart <[e-mail]>, Paul Rawls <[e-mail]>
That's good news. According.to 40.CFR 261.24 (courtesy of.Jeff), barium is considered
to be characteristically.toxic at concentrations of 100 mg/l:and lead at 5.mg/l,.so I
think they shouldn't need to have Hazwoper since the barium is 0.2 mg/1 and the lead
is. 0.072 mg/l.
Wes Bell wrote
John Lesley was in the process of. 'contacting the environmental consultant regarding
these values. I was told by the co-owner of the cleanup crew that. -he was.meeting a
company.rep. with a vac -truck this AM to discuss prices, etc. The.co-owner seemed
excited to hire this .guy .to assist in the cleanup efforts. From. what I was told
these values don't require Hazwoper ...... thank goodness.
Steve Lewis wrote:
Doesn't look too bad. Is the cleanup contractor good to go or wi-11 they need
someone with Hazwoper training?
Wes Bell wrote:
Here are the results of the sludge analyses Ellen took of 12/1/06.-.
Subject:
[Fwd: ]Pace lab. report
From
Ellen Huffman <[e-mail]>
Date:
Tue, 12 Dec 2006 09:39:20 -0500
To.
John Lesley <[e-mail]>., Wes Bell <[e-mail]>
To;
John Lesley <[e-mail]>, Wes Bell <Wes.Bell@ncmail:.net>
Here is the electronic version for your records.
Ellen
To
<[e-mail]>.
.Pace will be closed. Monday December:25th.and January 1st, in observance of
1 of 2
...: 12/14/2006' 1 O-43 AM

Frireport and no need for Hazwoper
the Holidays
Kevin Herring
Project Manager
Pace Analytical
9800 Kincey Ave.
Suite 100
Huntersville, NC 28078
704-875-9092 ext. 236
704-875-9091 fax
[e-mail]<mailto:[e-mail]>
The email and documents accompanying this transmission contain confidential
information belonging to the sender who is legally privileged. The
information is intended only for the use of the individual(s) or entity(ies)
named herein. If you are not the intended recipient, you are hereby notified
that any disclosure, copying distribution or the taking of any action in
reliance on the contents of this information is strictly prohibited. If you
have received this in error, please immediately notify us by telephone
(1.888.990.PACE) to arrange for return of the original documents.