Rutherford Co. Dams

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section .
James D. Simons, PG, PE
Director and State Geologist
July 20, 2009
Mr. John Bennett
396 Smith Grove Road
Forest City, North Carolina 28043
RE: John W. Bennett Dam
Rutherford County
State Dam ID: RUTHE-027
Dear Mr. Bennett:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Q C E�M�
J U L 2 4 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is to acknowledge receipt of your application dated July 7, 2009 for the repair of the subject
dam. The application was received in our office on July 13, 2009. Additional information is
requested before this office can process your application. These items are as follows:
1. 'Please submit one additional set of signed, dated and sealed plans.
Once these items are received we will proceed with a review of your application. In order for the
application to retain its place in the order of reviews the above items must be received within
thirty days: Applications requiring an approval to repair a dam will be reviewed by this office in
the order they are received except that existing high hazard potential dams will be prioritized.
We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number [phone], or me at telephone
number [phone] should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy,
State'Dam Safety Engineer
Land Quality Section
SMM/JCR
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html

Mr. John Bennett
July 20, 2009
Page 2 of 2
cc: Mr. David Odum, PE, Design Engineer — Odom & Associates Engineering, Inc.
. Ms. Janet Boyer, PE, Land Quality Regional Engineer
r . Surface Water Protection Supervisor .
File Name: RUTHE-027-H 2O090720 RECT IA Bennett Dam - Repair
H

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Certificate of Approval Mh�,;'�" f • .r�•� -
E
September 23, 2009
Mr. Craig McDowell
520 Cooley Springs Road
Chesnee, South Carolina 29323
RE: Approval to Construct
Craig McDowell Farm Pond Dam
Rutherford County
Dear Mr. McDowell:
SEP 3 0 2009 j
r C
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is in response to your submission dated August 12, 2009 and received on August 14, 2009 •
of plans, specifications and design data for the construction of the subject dam in compliance
with the Dam Safety Law of 1967. The proposed dam will be located on an unnamed tributary to
McKinney Creek in the Broad River basin and has been determined to be of low hazard
classification. The above listed documents were prepared under the supervision of Mr. Samuel
C. Bingham, PE. Also, Check No. 12681 in the amount of $200.00 serving as the minimum
application processing fee was received on June 29, 2009.
This letter constitutes approval of the proposal to construct the subject dam according to the
plans and specifications received by this Division on August 14, 2009 with the following
stipulations:
1. Project construction shall be supervised by Mr. Samuel C. Bingham, PE. Mr. Samuel C.
Bingham, PE shall be responsible for field observation of construction as necessary to ensure
compliance with approved plans.
2. During construction, the Division of Land'Res6urces may require progress, reports as
are,deemed necessary.
3. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within 30
days of completion of the project, Mr. Samuel C. Bingham, PE shall inspect the completed
work and upon finding that the work has been done as specified and the dam is safe, shall
file with the Division of Land Resources two sets of record drawings and a certificate stating
that the work has been completed in accordance with approved plans, specifications and
other requirements.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] / FAX: [phone]-
512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi

Mr. Craig McDowell
September 23, 2009
Page 2 of 2
4. No water shall be impounded behind the dam until an approval to impound is issued by the
Division of Land Resources for operation of this dam.
5. You must notify Ms. Janet S. Boyer, PE, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa, North Carolina 28778, telephone number [phone] ten days
before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment shall be prevented from entering the waters of the state or flowing onto neighboring
property.
I am enclosing a copy of an Owner's Certification Form and an explanation of the final
processing fee calculation. An additional fee will be required when the engineer's certification is
submitted if the construction cost exceeds $10,001.00. In any event, the cost certification must
be completed and returned with the engineer's certification before an approval to impound can be
processed.
The Dam Safety Law of 1967 requires that project construction commence within one year from
the date of this approval, or the approval is void. For assistance, you may contact Ms. Janet S.
Boyer, PE in the Asheville Regional Office at telephone number. [phone] or a member the
Raleigh Central Office staff at telephone number [phone].
Sincerely,
i�
Steven M. McEvoy,
State Dam Safety Engineer
Enclosures
cc: Mr. Samuel C. Bingham, PE
Ms. Janet S. Boyer, PE, Regional Engineer
5face Wa e�r.Pr' ode t on egio aal!E—uii
Filename: RUTHE- 20090923_COAC Craig McDowell Farm

.�..�.r
��
A.
ACDENR
North Carolina Department of Environment and Natural Res
Division of Land Resources
Land Quality Section
James D. Simons, PG., PE
Director and State Geologist
December 15, 2009
Mr. Craig McDowell
520 Cooley Springs Road
Chesnee, South Carolina 29323
RE: Craig McDowell Dam
Rutherford County
State Dam ID: RUTHE-
Dear Mr. McDowell:
c E
DEC 2 2 2009
�urcd
. WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Beverly Eaves Perdue,`Governor
__ Dee. Freeman,. Secretary-----,
This is to acknowledge receipt of your "as -built" submittal and application for impoundment approval
dated December 4, 2009 for the subject dam. The submittal was received in our office on December 4,
2009. Your notarized Owner's Certification Form accompanied by your check number 13105 in the
amount of $299.98 for the supplemental fee both were received on December 14, 2009.
Applications requiring an Approval to Impound require a comprehensive field inspection by our Regional
Office personnel. Upon completion of the requisite field inspection and finding by our field personnel
that the dam has been constructed in conformance with the approved plan and as reported in the as -built
submittal, our office will issue an Approval to Impound. If significant discrepancies are found to exist,
.revisions may be required before Approval to Impound can be issued. In view of our current workload,
we anticipate that it will take no more than 30 days from date of receipt of the as -built submittal to issue
a response.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa, North Carolina 28778, telephone number.[phone], or me at telephone number (919)
733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy,
State Dam Safety En er
Land Quality Section
SMM/JCR
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html

Mr. Craig McDowell
December 15, 2009
Page 2 of 2
cc: Mr. Samuel C. Bingham, PE, Design Engineer — NRCS — Rutherfordton, North Carolina
Ms. Janet Boyer, PE, Land Quality Regional Engineer
-2-Surface, Water-Protecticesupervisor,5
File name: RUTHE-_ 20091215 RECT Craig McDowell Farm Pond — as -built

NCDANONNONOWER
�or�h CaiOha Department of En '
Division of Land Resourcesronment nd
��mes D
sllnpngP�� PE Land Quality Section
Director and State Geologist
July 31, 2009
Mr. Samuel Bingham, PE
USDA Natural Resource Conservation Service
121 Laurel Drive
Rutherfordton, North Carolina 28139
RE: Craig McDowell Dam
Rutherford County
State Dam ID: RUTHE-
Dear Mr. Bingham:
AUG — 7 2009
Q,�u► rrr-wor�rce� I
ATER QUALITY SECTION
ASHEVILLE RF_GIONAL OFFICE
--Beveriy-EaveSPerdue,.G.overnor.
Dee Freeman, Secretary
A review has been made of the plans, specifications and design data received in this office on June 29,
2009 for the construction of the referenced dam. Prior to issuance of an approval to construct, additional
information or revision is requested for the following items:
Design Report:
1. Why was the outlet section of the siphon placed on a negative grade? Will this allow water to stand
in the pipe near the bend -and freeze in the winter?
Drawings:
General
1. Additional erosion and sediment control measures are needed downslope of all areas that will be
disturbed.
2. Please provide a vicinity map along with the co-ordinates for the dam location.
3. Please add a sheet number to each drawing.
4. Please add the name of the.owner or contact person along with their address and telephone number.
Plan View
1. Please show the clearing limits.
2. If the area around TP-8 will be used for borrow please show the limits. Erosion and sediment control
will be needed if area is disturbed.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:hfp://www.dlr.enr.state.nc.us/pages/landqualit section.htmi

` j. %
Mr. Bingham
3u1y 1 2009
gage 2 of 3
3. At what station does each pipe cross the dam centerline?
4. The 4" bottom drain has a horizontal bend. Where does this occur and what is the bend
5. What is the bend angle in the dam centerline?
6. An angle is needed to locate the emergency spillway radius point. What is the interseCtion 0910 of
the curve? Stationing of the emergency spillway centerline and locating the TC, CT; and control
section would be helpful with the spillway layout. A blowup plan of the dam and spillway would be
helpful.
7. It appears that the emergency spillway discharge will encroach on the downstream toe of the dam.
This should be corrected.
8. Please include the NRCS District Conservationist's diversion design on the erosion and sediment
control detail drawings.
Embankment Profile
1. Please match pipe locations with other drawings.
Siphon Spillway
1. Please provide dimensions for the valve base.
2. How will the valve be secured to the base?
3. Please identify the manufacturer of the Series 2500 gate valve. Will the valve have a rising or non -
rising stem? What type end connection will be required? Will stem or extension to water surface be
stainless, galvanized, or plain steel? A specification for the valve would be helpful.
4. What type frame will be used to support the valve stem? Will it be protected from impact damage?
5. Please provide additional details for the three (3) timber supports. Show distance between posts and
embedment depth.
6. The exposed sections of each pipe are subject to damage from long term exposure to ultra violet light
and mowing equipment. The use of metal pipe where exposed could significantly increase the useful
life.
7. Please explain the following flag "End of 4" PVC near embanlanent side slope.Elev. 866.6 Pipe
water to basin from this location"
8. Please show the drainage diaphragm and its drainfill outlet.
9. Please locate plunge pool and show dimensions. '

gham
2009
of 3
10. Please show an existing ground line and add the cutoff trench.
11. Please show the embanlanent top width and the side slopes.
12. What will prevent trash from entering the gate valve?
13. Please make sure the earthfill compaction requirements shown are consistent with those in
Construction Specification 23. Items which appear to be different are method for obtaining
compaction and moisture range.
Drainage diaphragm
1. The drain outlet appears to be adjacent to the edge of the diaphragm. Is this the intent?
2. The bend in the 4" pipe shown on the Plan View sheet is not shown.
3. What gradation of fine aggregate will be acceptable if ASTM C-33 fine concrete aggregate is not
used?
PLAN OF FARM POND .
1. The pipe. is shown to be Schedule 40 instead of Schedule 80.
2. The outlet invert shown is the same as the siphon. Are the outlet inverts for both the siphon and
pond drain the same?
It would greatly aid further application review if a response to each of the above comments were made in
a cover letter submitted with two sets -of the revised plans, specifications and design data.
Please contact this office should you have any questions concerning the above items.
Sincerely,
l t
gil
W. Hubert Hawldns, PE
Assistant Dam Safety Engineer
-Land Quality Section
cc: Mr. Craig McDowell
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisat
*Filename: RUTHE-_20090731_revreq.doc_Craig McDowell Dam

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE i Beverly Eaves Perdue, Governor
Director and State Geologist R _. �--w Dee Freeman, Secretary
March 1, 2010 pp
NOTICE OF DEFICIENCY
i
LASHEVILLERErMl—,
1 2010
f r
CERTIFIED MAIL-7008 0150 0000 7473 7449 y^
QUALITY SECTION
1 AOFFICECERTIFIED MAIL-7008 0150 0000 7473 7456-
RETURN RECEIPT REQUESTED
John W. Bennett Mary Smith Bennett
396 Smith Grove Road 396 Smith Grove Road
Forest City, NC 28043 Forest City, NC 28043
I
RE: John W. Bennett Dam, State ID No. RUTHE-027
Hazard Potential: High; Rutherford County
Dear Mr. & Ms. Bennett:
i
The Dam Safety Law of 1967 provides for the certification aInd inspection of dams in the interest
of public health, safety, and welfare, in order to reduce th'e risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows. I
A visual inspection of the referenced dam was conducted on February 18, 2010 by staff of the
Land Quality Section Asheville Regional,.Office... During this inspection, the following conditions
were noted:
1. The rims riser/barrel spillway and bottom drain isidamaged and is not functional.
primary
2. There is seepage and wetness occurring along the right abutment and toe area of dam.
3. Items requested in the letter dated August 20, 2009 from William H. Denton, Assistant
State Dam Safety Engineer, to David Odom, P.E. have not been addressed.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures: In the event of a dam -failure, human life and significant property would be
i
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
vwvw.enrstate.nc.us . NorthCarolina
An Equal Opportunity I Affirmative Action Employer �a4m,911r�

Notice of Deficiency
John W. Bennett Dam
March 1, 2010
Page 2 of 2
endangered because of the downstream location of downstream residential homes.
In order to ensure the safety of this dam,.you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions
outlined in this letter. Plans and specifications for repair based on the results of the study must
be filed with the Division of Land Resources for approval pursuant to the North Carolina
Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this
study and plan shall be submitted to this office by April 26, 2010.
An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream
hazards and all local emergency contact information. An EAP shell document can be reviewed at
our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the
EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC
27699-1612, Attn: Mr. Steve McEvoy, PE, State'Dam Safety Engineer, and a copy shall be
provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before April 26, 2010, we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
net S. Boyer, P
egional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
�Rog.e.r_'Edwards, Surface Water Protecti_on�.Region.aL-S.up.ervtsorr,
G Joan W Bennett L). ii N X) ',

A
NCDENR'
North Carolina Department of Environmental
Division of Land Resouk
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
March 23, 2010
TICE OF DEFICIEN
CERTIFIED MAIL- 7008 0150 0000 7473 1621
RETURN RECEIPT'REQUESTED
Willow Lakes POA
ATTEN: Michael Martin
P.O. Box 522 Willow.Lake Dr..
Rutherfordton, NC 28139
RE: Willow Lake Estates, State ID No. RUTHE-063
Hazard Potential: High; Rutherford County
Dear Mr. Martin:
The Dam Safety Law of 1967 provides for the certification;
of public health, safety, and welfare, in order to reduce tl
injuries to persons; damage to downstream property, and
flows.
9
u.®E��I C�
MAti
y: 2�
u
d Naur I Re '
t; UALITY SECTION
eS ASHEVILLE REGIONAL OFFICE
aues:.P.grdue,._�.O:VBrIIOrr
Dee Freeman, Secretary
Ind inspection of dams in the interest
e risk of failure of dams, to prevent
o ensure the maintenance of stream
A visual inspection of the referenced dam was conducted on March 10, 2010 by staff of the Land
Quality Section Asheville Regional Office. During this insplection, the following conditions were
noted: f
1. The spillway appears damaged and inadequate for High Hazard Dam.
2. Dense vegetation consisting of high bushes and trees are growing on the downstream
slope of the dam.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of a house near the toe of the dam.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One -
www.enr.state.nc.us i NorthCarolina
An Equal Opportunity / Affirmative Action Employer Natmall�
i

Notice of Deficiency
Willow Lake Estates Dam
March 23,-.2010
Page 2' of 2 - `
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions
outlined in this letter. Plans and specifications for repair or breach of the dam based on the
results of the study must be filed with the Division of Land Resources for approval pursuant to the
North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam. Safety (15A NCAC 2K).
Two copies of this study and plan shall be submitted to this office by June 1, 2010.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by May 23, 2010. These items include the following:
• Trees and bushes are growing on the dam. This type of growth can cause problems and
even failure of the dam by creating holes when trees are uprooted due to wind or ice; by
leaving possible seepage holes when trees die and their roots decay; and by causing erosion
of the dam around this growth if the dam should overtop. Therefore, we recommend that this
type of growth be removed and a good stand of grass cover be established on the dam. Any
growth less than six inches in diameter must be cut and removed. Any growth over six
inches in diameter must also have the root system excavated and the excavated area be
refilled and compacted with a suitable soil material under the supervision of an engineer.
An *updated* Emergency Action Plan (EAP) is needed for this dam. The EAP must include all
downstream hazards and all local emergency contact information. An EAP shell document can be
reviewed at our website at http://www.dlr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two
copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service
Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a
copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before May 23, 2010 we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
Z�
bq
4a t S. Boyer, PE
e 'onal Engineer
cc: Steve M
G 10 Rutherford0ams\063 Willow Lake Estates Dam\NOD -23-20 i0 dcc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist .
Certificate of Approval
April 1, 2010
Mr. John Bennett
396 Smith Grove Road. .
Forest City, North Carolina 28043
RE: Approval to Repair
Bennett Dam
Rutherford County
State I.D.: RUTHE-027
Dear Mr. Bennett:
Beverly Eaves Perdue, Governor
..,�..s;:�beeFreeman;;�ecretary,-`:_
FAPR.0 E
-- 9 '2ID
010 i
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is in response•to your submission dated September 4, 2009 and received on March 11, 2010
of plans, specifications -and design data for repair of the subject dam in compliance with.the Dam
Safety Law of 1967. This dam is of high hazard classification. The plans, specifications and
design data submitted were prepared under the supervision of Mr. David Odom, PE.
This letter constitutes approval of the proposal to repair the subject dam according to the plans,
and specifications received by this Division on March 11, 2010 with the following stipulations:
1. Project construction shall be -supervised by Mr. David Odom, PE. Mr. David Odom, PE
shall be responsible for field observation of construction as necessary to ensure compliance
with approved plans.
2.. During construction, the Division of Land Resources may require such progress reports as
are deemed necessary.
3. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within 30
days of completion of the project, Mr. David Odom, PE shall inspect the completed work
and upon finding that .the work has been done as specified and the dam is safe, shall file
with the Division of Land Resources two sets of record drawings and a certificate.stating
that the work has been completed in accordance with approved plans, specifications and
other requirements.
4. Until final approval for impoundment and operation of this dam is issued by the Division
of Land Resources, the water level in the impoundment shall be maintained at or below
plan -elevation 981.0 and as needed for final irispection.of all repair work by Land Quality
Geological Survey. Land Quality • Geodetic Survey
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North. Carolina 27604
Telephone [phone] / FAX: [phone] • Internet: http://www.dlr.enr.state.nc.us/index.html

Mr. John Bennett
April-1, 2010
Page 2 of 2
Section personnel. Also, draining of the lake shall be performed in such a manner as to
preclude off -site sedimentation.
5. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are
required for all high hazard.dams. The O&M plan should address routine maintenance,
frequency of inspections by the owner or the owner's, representative, and annual operation
of the bottom drain siphon to ensure that it is functional. It is strongly recommended that
the EAP be submitted prior to commencing repairs to address' problems that may arise
during construction. Nevertheless, both the EAP and O&M plan must be received prior to
issuance of an approval to impound.
6. You must notify Ms: Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa, North Carolina 28778, [phone] ten days before the start
of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the repairs must begin within one year of the date of this letter or this approval is
void. For assistance you may contact the Asheville Regional Office at [phone] or a staff
member of the Dam Safety Program in the Raleigh Central Office at telephone number (919)
733-4574.
Sincerely,
�<r�o
James D. Simons, PG, PE
Director and State Geologist
JDS/whd
cc; Mr. David Odom, PE, Design Engineer
Ms.. Janet Boyer;, Regional Engineer
ry .Sur'face. Water Protection Regional_Super
Filename: RUTHE-027 20100401 COAR

646-alZ
A74t A.- I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
October 19, 2010
Mr. John Bennett
396 Smith Grove Road
Forest City, North Carolina 28043
RE: John W. Bennett Dam
Rutherford County
State Dam ID: RUTHE-027
Dear Mr. Bennett:
Beverly Eaves Perdue, Governor
D
OCT 2 1 2010
WATER QUALITY SECTION j
ASHEVILLE REGIONAL OFFICE
This is to acknowledge receipt of your as -built record drawing submittal (and application to impound) dated October
15, 2010 for the completed repair of the subject dam. The application was received in our office on October 18,
2010. Additional information is requested before this office can process your application. This item is as follows:
1. Emergency Action Plan (EAP) and O&M :plan, stipulation # 5 on the Certificate of Approval to Repair dated
April 1, 2020.
Once this item is received we will proceed with a review of your application. In order for the application to retain its
place in the order of reviews the above items must be received within thirty days. Applications requiring final
approval of repairs (to impound) will be reviewed by this office in the order received except that existing high hazard
potential dams with known safety concerns will be given priority. We endeavor to respond to applications within 60
days of receipt of the application.
Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa,
North Carolina 28778, telephone number [phone], or me at telephone number [phone] should you
have any questions concerning this matter.
Sincerely,
(> 0 "
Steven M. McEvo PE
State Dam Safe ngine r
Land Quality Sectio
SMM/rdk
cc: Mr. David Odum, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
�-Surfy ace Water Protection -Supervisor
Filename: RUTHE-027_20101018 RECT IA Repair-RD
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina; 27604 • Internet:hftp://www.dlr.enr.state.nc.us/pages/iandqualitysection.html

Uw"L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
August 20, 2009
Mr. David Odom,' PE
Odom & Associates. Engineering, Inc.
152 -East Main Street
Forest City, North Carolina 28043
RE: Bennett Dam
Rutherford County
State Dam ID: RUTHE-027
Dear Mr. Odom:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
A review has been made of the plans, specifications and design data submitted under cover letter
dated July 7, 2009 and received in this office on July 1.3, 2009 for the repair of the referenced
dam.. Prior to issuance of an approval to repair, additional information or revision is requested
for the following items:
1. Please provide a design report narrative that explains the engineer's'basis and
methodology for the proposed design.
2. A siphon, such as the one proposed, may not be accurately modeled as a culvert as
the provided design calculations attempt to do. However, based on the information
provided, the dam will be capable of storing all runoff from the area draining to it
that is not diverted by the proposed diversion channel'(reportedly totaling 4.92
acres). Given that fact, the spillway capacity provided by the siphon is not relevant
to the dam meeting minimum spillway capacity requirements and no revisions to
the siphon analysis are required. .
3. The cover letter provided with the submittal indicates that the proposed culvert
pipes adjacent to the dam will be 36 inches in diameter whereas the plans indicate
48-inch pipes. Please clarify.
4. Please provide drainage area maps for both the dam and the proposed diversion
ditch.
5. Plan Sheet 2 of 5: Please indicate the extents of the proposed channel liner
installation.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] /FAX: [phone]
512 North Salisbury. Street,. Raleigh, North Carolina, 27604-.lntemet:hftp://www.dlr.enr.state.nc.us/pagesAandoualitysection.html

Mr. David Odom, PE
August 20,-2009 -
Page 2 of 2
6. Plan Sheet 2 of 5: Please revise the construction sequence to reflect the scope of
the current design.
7. Plan Sheet 2 of 5: Please remove note pertaining to grouting of the existing
emergency spillway as it is no longer applicable.
8. Plan Sheet 3 of 5: The note indicating the -inlet invert of the proposed siphon
bottom drain has the arrow pointing to an incorrect location. Please correct.
9. Plan Sheet 3 of 5: It is unclear what is meant be "apexes" of the siphon pipe. If
that term is synonymous with "inverts" please insure plan note arrows point to the
correct locations, not at the tops of the pipes as they do currently.
10. Plan Sheet 4 of 5: It is recommended that the proposed grade line be shown in the
profile view of the dam crest.
11. Plan Sheet 5 of-5: The proposed dimensions of the siphon inlet trash guard are
required. It is generally recommended that the trash guard dimensions and grid
spacing be designed such that inlet velocities may not be predicted to exceed 2 feet
per second.. This will help reduce the potential for debris to be trapped against the
trash guard and obstruct flow through it.
12. Plan Sheet 5 of 5: The concrete spillway dimensions are incompatible. A channel.
3 feet deep with a 9 foot bottom -width and 2H:1 V side slopes would result in a top
width of 21 feet, not 18 feet as shown. Please correct. In general, plan drawings
and construction details should be drawn to a standard engineering scale to aid in
catching such errors and reduce confusion during construction.
It would greatly aid further application review if a response to each of the above comments were
made in a cover letter submitted with two sets of the revised plans, specifications, and design
data.
Please contact this office should you have any questions concerning the above items.
Sincerely- .`
� t
IJt
William H. Denton, IV, EIT
Assistant State Dam Safety Engineer
Land Quality Section
cc: Mr. John Bennett S Re oval Supervisor
Ms. Janet Boyer, PE, LQ
--Surface=Water-Protection Regional Supervisor) .
Filename: RUTHE-027 20090820_revreq—Bennett Dam

1i%ri/i.ii1%
North Carolina Department of Environment and Natural Resources -
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
July 8, 2009
Mr. Craig McDowell
520 Cooley Springs Road
Chesnee, South Carolina 29323
RE: Craig McDowell Farm Pond Dam
Rutherford County
State Dam ID: RUTH-
Dear Mr. McDowell:
JUL 1 6 2009
WATER QUALITY SECTION
i' ASHEVILLE REGIONAL OFFICE
t.
This is to acknowledge receipt of your application dated March 25, 2009 for the construction of
the subject dam. The application was received in our office on June 29, 2009. The minimum
application processing fee of $200.00 (Check No. 12681) was also received on June 29, 2009.
Information regarding payment of the additional application processing fee which is required if
the actual cost of construction of the dam is greater than $10,001.00 can be viewed on the
Internet at URL http://www.dlr.enr.state.nc.us/pages/damfees.html.
Applications requiring an approval to construct a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be prioritized. We endeavor to respond to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number [phone], or me at telephone
number [phone] should you have any questions concerning this matter.
Sincerely,
LX
even M. McEvoy, P
State Dam Safety En
Land Quality Section
SMM/JCR
1612 Mail'Service Center, Raleigh, North Carolina 27699-1612 Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysecbon.html

Mr. Craig McDowell
July 8, 2009
Page 2 of 2
cc: Mr. Samuel C. Binham, PE, Design Engineer - NRCS
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
File Name: RUTHE-_ 20090708 RECT — Craig McDowell Farm Pond - construct

REM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
July 21, 2009
Mr. Tim Bovender, Chairman
Rutherford County Watershed Commission
121 Laurel Drive I I
Rutherfordton, North Carolina 28139-2952 JUL 2 9 2009
RE: 2nd Broad River Watershed Dam #16 WATER QUALITY SECTION i
Rutherford County ASHEVILLE REGIONAL OFFICE }
State Dam ID: RUTHE-032
Dear Mr. Bovender:
This is to acknowledge receipt of your Emergency Action Plan (EAP) dated July 16, 2009 for the
subject dam. The EAP was received in our office on July 20, 2009.
'Emergency Action Plans Applications will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be
prioritized. We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number [phone], or me at telephone
number [phone] should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy,,PE 'I
State Dam Safety En ' er1
Land Quality Section
SNWJCR
cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer
Ms. Tami V. Idol, E.I., Assistant State Dam Engineer
Surface Water Protection Supervisor.,
File Name: RUTHE-032 20090721 RECT EAP.— 2°a Broad River Watershed #16
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dl�.enr.state.nc.us/pages/landqualitysection.htmI

aac aA
.A&��
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
April 27, 2009
NOTICE OF DEFICIENCY
1
CERTIFIED MAIL-7008 0160 0000 7473 2819
RETURN RECEIPT REQUESTED
Mr. Max R. Hamrick
Mrs. Margaret R. Hamrick
1670 US Hwy 221-South
Forest City, NC 28043
RE: Sunnyside Lake Dam, RUTHE-001
Hazard Classification: High; Rutherford County
Dear Mr. and Mrs. Hamrick:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
D E C E � U E D
APR 2 7 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public
health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons,
damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on January 28, 2009 by staff of the Land Quality
Section Asheville Regional Office. A Notice of Deficiency was issued on February 11, 2008, with a
compliance deadline of March 29, 2008. A request for a compliance deadline was received April 16, 2008,
and was extended to May 30, 2008. To date, the following items have not been addressed:
1. Trees and high bushes are growing on the downstream slope of the dam.
2. The spillway system appears to be inadequate and deteriorating.
3. The emergency spillway system is highly eroded and head cutting back towards the entrance of the
spillway.
4. The gristmill structure located on the downstream slope of the dam is still being operated as a
business. This condition adds an additional hazard that could cause possible injuries to persons
during a dam failure.
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property would be endangered because
of the downstream location of the grist mill/business located at the toe of the dam and Hwy 221 South.
In order to ensure the safety of this dam, you are directed to retain the services of a registered professional
engineer or an experienced engineering firm to:
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us te
CarolinaAn Equal Opportunity/ Affirmative Action Employer //yrjf//�/

Notice of Deficiency
Sunnyside Lake Dam, RUTHE-001
April 27, 2009
.Page 2 of 2
1. Prepare an accurate as -built survey of the dam.
2. Determine the condition of the primary and emergency spillway systems and verify it meets the
design standards required, for High Hazard Dams in North Carolina.
3. Remove all trees and woody vegetation, including the root systems from the dam surface under the
supervision of a professional engineer and establish a permanent grass ground cover.
4. Investigate and design a toe drain system as required to control seepage noted at the toe of the
dam near the water wheeli structure.
5. Investigate and report in the engineering study the structural impact and any adverse condition
caused to the dam by the he
of the grist mill/ business located directly on the downstream
slope of the dam.
Plans and specifications for repair; based on the results of the study must be filed with the Division of Land
Resources for approval pursuant ;to the North Carolina Administrative Code, Title 15A, Subchapter 2K -
Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by May 25,
2009.
Due to the letter by your local volunteer fire department to stating that the pond is used for fire protection.
You will not be required to drain the impoundment at this time.
An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards
and all local emergency contact information. An EAP shell document can be reviewed at our website at
http://www.dlr.enr.state.nc.us/pades/damsafetyproaram.htm1. Two copies of the EAP shall be submitted to
the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve
McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management
office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive
notification on or before May 26, 2009, we shall present the case information for appropriate enforcement
action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or
issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain
compliance.
Sincerely,
Janet S. Boyer, PE
dRegional
Engineer
cc:
G.\LQ\Rutherford\Dams\001 Sunnyside\NOD 04-27-09.doc

auef'11-
MCDENR
North Carolina Department of Environment and Natural. R-Glsources
Division -of Land Resources_
Land Quality Section
JaAes.D. Simons, PG, PE
Director and State Geologist
May 1, 2009
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7008 0150 0000 7473 9177
CERTIFIED MAIL-7008 0150 0000 7473 9184
CERTIFIED MAIL-7008 0150 0000 7473 9191
CERTIFIED MAIL-7008 0150 0000 7473 7524
RETURN RECEIPT REQUESTED
Robert Bischoff
Willow Lakes POA
PO Box 1862
Rutherfordton, NC 28139
Robert & Beth Ann Iseman
221 Parker -Jamison Lane
Rutherfordton, NC 28139
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
D CE��[
MAY - 4 2009 UD
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Wesley R. & Lee A. Rundquist
9013 Indian Trail Fairview Road
Indian Trail, NC 28079
James & Elizabeth Giles
1744 Pittsford Circle
Charlotte, SC 29412
RE: Willow Lake Estates Dam, State ID No. RUTHE-063
Hazard Potential: High Hazard; Rutherford County
Dear Sir or Madam:
The Dam Safety.Law of 1967 provides for the certification and inspection of dams in the interest
of public health, ,safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visual inspection of the referenced dam was conducted on April 30, 2009, by staff of the Land
Quality Section Asheville Regional Office. A Notice of Deficiency was issued on March 25, 2008,
with the compliance deadline of May 25, 2008. The lake was substantially drained as requested.
To date the professional engineer report'to address the following items has not been received:
1. An accurate as -built survey of the dam
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us teCarollriaAn Equal Opportunity/ Affirmative Action EmployerMHjr//�/

Notice of Deficiency
Willow Lake Estates Dam, RUTHE-063
May 1, 2009
Page 2 of 2
2. Determine the condition of the sp'tftvay system and verify it meets the design standards
required for High Hazard Dams in North Carolina
3. Removal all woody vegetation from the dam surface and establish a permanent grass
ground cover
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of a house at the toe of the dam.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to prepare: 1.) An accurate as -built
survey of the dam. 2.) Evaluate the condition of the spillway system and verify it meets the design
standards required for High Hazard Dams in North Carolina. 3.) Remove all woody vegetation
from the dam surface and establish a permanent grass ground cover. 4.) Based on the
information obtained in the survey and study, prepare repair plans and submit them to the Division
of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A,
Subchapter 2K - Dam Safety; (15A NCAC 2K). Two copies of this study and plan shall be
submitted to this office by June 30, 2009.
An *updated* Emergency Action Plan (EAP) is needed for this dam. The EAP must include all
downstream hazards and all local emergency contact information. An EAP shell document can be
reviewed at our website at httl2://www.dIr.enr.state.nc.us/pages/damsafetyRrogram.htm1. Two
copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service
Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a
copy shall be provided to the local emergency management office.
,
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before June 30, 2009, we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to'gain compliance.
cc
Sincerely,
ne Sc. Boyer, PE
egional Engineer
't'c> t;.-im'kNOD tiPldio'iv Lake Estates 05-01-09.dGc

kLoGOL dwv4*5
. NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist.,;-_
,�:;s.���;��,.�,-.• t:� 'D'ee-Freeman Secretary
February 5, 2009
Mr. Tom Judson
Fairfield Mountains Property Owners Association, Inc:" Fig j 0 2009
112 Mountains Boulevard
Lake Lure, North Carolina 28746
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE t
RE: Bald Mountain Lake Dam
Rutherford County
State Dam ID: RUTHE-013
Dear Mr. Judson:
This is to acknowledge receipt of your EAP application dated May 27, 2008. for the subject dam.
The application was received in our office on January 30, 2009.
EAP applications for a dam will be reviewed by this office in the order they are received, except
that existing High hazard potential dams with known safety problems will be prioritized. We
endeavor to respond to applications within 60days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa, North Carolina 28778, telephone number [phone], or me at telephone number (919)
733-4574 should you have any questions concerning this matter.
Sincerely,
( . . I /41-
Steven M. McEvo ,
State Dam Safety Engineer
Land Quality Section
SMM/JCR
cc: Mr. Thomas J. Fitzgerald, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor,;
File name: RUTHE-013 20090205 RECT EAP Bald Mountain Lake
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html.
An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper

J
p. D
NCDENR
North Carolina Department of Environment and Natural R so
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Certificate of Approval
January 29, 2009
Mr. John Bennett
396 Smith Grove Road
Forest City, North Carolina 28043
RE: Approval to Repair
Bennett Dam
Rutherford County
State I.D.: RUTHE-027
Dear Mr. Bennett:
iECC 0YE
F E B - 4 2009
arces
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
3everfy aves.Perrdue;.Govemor '
y Dee Freeman, Secretary _ {_
This is in response to your submission dated November 11, 2008 and received on November 25,
2008 of plans, specifications and design data for repair of the subject dam in compliance with the
Dam Safety Law of 1967. This dam is of high hazard classification.' The plans, specifications
and design data submitted were prepared under the supervision of Mr. David Odom, PE.
This letter constitutes approval of the proposal to repair the subject dam according to the plans
and specifications received by this Division on November 25, 2008 with the following
stipulations:
1. Project construction shall be supervised by Mr. David Odom, PE. Mr. David Odom, PE
shall be responsible for field observation of construction as necessary to ensure compliance
with approved plans.
2. During construction, the Division of Land Resources may require such progress reports as
are deemed necessary.
3. Upon completion of the project, Mr. David Odom, PE shall inspect the completed work and
upon finding that the work has been done as specified and the dam is safe, shall file with the
Division of Land Resources two sets of record drawings and a certificate stating that the
work has been completed in accordance with approved plans, specifications and other
requirements.
Geological Survey - Land Quality - Geodetic Survey
Division of Land Resources -1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
Telephone [phone] / FAX: [phone] - Internet: http://www.dlr.enr.state.nc.us/index.html

Mr. John Bennett
January 29, 2009
Page 2 of 2
4. After installation of the proposed siphon, the impoundment shall be maintained at an
elevation no higher than elevation 976 which is the invert of the siphon inlet. The siphon
inlet must be observable at the time -of final inspection by our staff. Also, draining of the,
impoundment shall be performed in such a manner as to preclude off -site sedimentation.
You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S.
Highway 70, Swannanoa, North Carolina 28778, telephone number [phone] ten days
before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the repairs must begin within one year of the date of this letter or this approval is
void. For assistance you may contact the Asheville Regional Office at [phone] or a staff
member of the -Dam Safety Program in the Raleigh Central Office at telephone number (919)
733-4574.
Sincerely,
James D. Simons, PG, PE
Director and State Geologist
JDS/smm/whd
cc: Mr. David Odom, PE
Ms. Janet Boyer, PE, Land Quality Regional Engineer
1:71= -_Surface Water=Protectio Regional-Supervis
File Name: RUTHE-027 20090129 . COAR

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
December 19, 2008
Mr. Tom Judson i
Fairfield Mountains Property Owners Association,, Inc
112 Mountains Boulevard
Lake Lure, North Carolina 28746 . .
RE: Bald Mountain Dam
Rutherford County
State Dam ID: RUTHE-013
Dear Mr. Judson:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
r�EC�L�IC��
L.J
DEC 3 0 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is to acknowledge receipt of your "as -built" submittal and application for impoundment
dated November 7, 2008 for the subject dam. The submittal was received in our office on
November 17, 2008.
Applications requiring an Approval to Impound require a comprehensive field inspection by our
Regional Office personnel. Upon completion of the requisite field inspection and finding by our
field personnel that the dam has been constructed in conformance with the approved plan and as
reported in the as -built submittal, our office will issue an Approval to Impound. If significant
discrepancies are found to exist, revisions may be required before Approval to Impound can be
issued. In view of our current workload, we anticipate that it will take no more than 30 days
from date of receipt of the as -built submittal to issue a response.
Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number, [phone], or
me at telephone number [phone] should you have any questions concerning this matter.
Sincerely,
Steven M. McEvo ,
State Dam Safety eer
Land Quality Section
SMM/JCR
cc: Mr. Thomas J. Fitzgerald, PE
Ms. Janet Boyer, PE, Land Quality Regional Engineer
JA
R ger Uaz 'ss, Surface Water Protection Regional Supervisor
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: [phone] _
512 North Salisbury Street, Raleigh, North Carolina, 27604
- An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
- Land Quality Section
James D. Simons, P.G., P:E.
Director and State Geologist
May 31, 2005
Mr. John W. Bennett
396 Smith Grove Road
Forest City, North Carolina 28043----- ----
RE: Bennett Dam
State I.D. RUTHE-027
Dear Mr. Bennett:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
This is to acknowledge receipt of your application dated May 3, 2005 for the repair of the subject
dam. The application was received in the Asheville Regional Office on May 5, 2005 and the
Central office on May 11, 2005. A review of the application has begun. Applications requiring
an approval to repair a dam will be reviewed by this office in the order they are received except
that existing high hazard potential dams will be prioritized. - We endeavor to respond to
applications within 60 days of receipt of the application. Please contact me at [phone]
should you have any questions concerning this matter.
Sincerely,
��
Maxwell R. Fowler, -PE
State Dam Safety Engineer
cc: Mr. David W. Odom, PE
Ms. Janet Boyer, PE, Land
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

INA
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
December 3, 2001
CERTIFIED MAIL - 7099 3400 0003 5459 8086
RETURN RECEIPT REQUESTED
Robert McAlister
216 Olin Slice Road
Chapin, SC 29036
RE: CHERRY RIDGE DAM - RUTHERFORD COUNTY
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health,
safety, and welfare, in order to reduce the risk of failure of dams; to prevent injuries to persons, damage to,
downstream property; and to ensure the maintenance of stream flows. The referenced dam was inspected on
October 23, 2001 by staff from this office. It was determined to be higher than fifteen feet from crest to lowest
toe of slope and capable of impounding more than ten acre-feet. Therefore, the dam is within the jurisdiction
of the Dam Safety Law. This dam was constructed without plans developed by an engineer and approved by
the Director of the Division of Land Resources as required by the Law. You must retain the services of a
professional engineer to investigate the condition of the dam and develop drawings, calculations and
specifications for repairs. These must be submitted to the State Dam Safety Engineer for review. Upon receiving
a Permit to Repair, construction activities to repair may proceed. As an alternative; your may submit plans by
an engineer to breach the dam.
During the inspection several conditions of concern were observed. Considerable seepage was noted along the
toe of the dam and portions of the down stream slope. An area of concentrated seepage was noted along the
toe near the left abutment (referenced looking downstream). These conditions may lead to internal erosion or
slope failure due to saturation. The level of water impounded behind the dam was a few feet below the riser
crest. Shore erosion lines indicated the water has been approximately to the crest of the riser previously. The
vegetation on the slopes of the dam is sparse and there are eroding areas. If allowed to persist, external erosion
can lead toinstability of the dam. Also, our calculations indicate the spillway capacity is inadequate for a
jurisdictional dam.
You must drain the water impounded behind the dam until approved repairs are made and a Permit to Impound
is issued. The level of the pond should be lowered at a rate of approximately two feet per day to reduce the risk
of rapid draw down slope failure. Sediment must be retained on site. You may keep a small pool of water
impounded behind the dam to assist with sediment retention. The riser must be lowered or other provision made
to keep the reservoir from refilling when unattended. You must also retain the services of an engineer and inform
us of you intentions to repair or breach the dam by March 1, 2002 to prevent the initiation of enforcement action.
For questions concerning the Dam Safety Law, you may call Kris Riddle, Max Fowler, or me at [phone].
We want to assist you ,in bringing the Cherry Ridge Dam into compliance with the law.
Sincerely,
Richard A. Phillips, P.E.
Regional Engineer
RAP:MRF:
copy: ji Leumas, P.E.
orrest Westall, P.E.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098 Internet: www.enr.state.nc.us/ENR/
An Equal Opportunity/Affirmative Action Employer- 50% recycled/10% post -consumer paper

AF
i�'
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Charles H. Gardner, P.G., P.E.
Director and State Geologist
Land Quality Section
May 6, 2002
David Odom, PE
Odom and Associates
152 East Main Street
Forest City, NC 28043
RE: Proposed Laurel Lake Dam
Rutherford County
Broad River Basin
Dear Mr. Odom:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
MAY 1 1���75 �2 �!
A review has been made of the plans, specifications and design data received in this office on
September 26, 2001 and February 18, 2002 for the construction of the referenced dam. Prior to
issuance of an approval to construct, additional information or revision is requested for the
following items:
A filter drain downstream of the core as recommended by the geotechnical consultant
will be required to meet the minimum 1.5 downstream slope stability factor of safety.
The extents of the drain should be shown on the plan view and cross sections.
2. The plan view shows the normal pool to be at elevation 502.0. However, most other
drawings and narratives indicate it will be 504.0. Revise as appropriate.
3. Emergency Spillways must be located on natural ground in an abutment and the outflow
directed away from the toe of the dam. Experience has shown that spillways placed on fill
are frequently damaged by seepage and settlement. Failure of a spillway over the dam
may cause severe damage or complete failure of the embankment.
4. A cross section drawing of the emergency spillway is needed at the control section and
other stations where there are unique features.
If an unlined or grass emergency spillway is used, additional principal spillway capacity
will be needed to meet the requirements of the regulations at .0205 (b). The risk of
recurring storms, excessive erosion, and inadequate vegetative cover will be considered
acceptable in such a spillway when its average frequency of use is predicted to be no
more frequent than once in fifty years for small, high hazard dams.
1n1? 4AniI Qnn!ira P^Icir.h Nir)rth (`oral' 77rn9rl_1Pl? • Q1Q..7?q,Ar,7A I Cnv• g1Q_7Z�_?4,7F
_ Morin�;,�� :, , :�aleigh, North
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Mr. Odum
May 6, 2002
Page 2
6. For rip rap or shot rock lined spillways, a detail drawing showing lining thickness and
average stone diameter, geotextile type, bottom width, side slopes and other pertinent
features are needed. It is suggested that a layer of washed stone such as NCDOT #57 be
placed on the geotextile prior to rip rap or shot rock placement to help prevent puncture.
7. High Density Polyethylene Pipe (HDPE) is not acceptable as an outlet pipe for high
hazard classification dams.
SOX 'Cl I
8. A detail drawing must be included describing the joint system for the conduit through the
dam. The joints selected must be watertight, structurally adequate and capable of
accommodating expected movement during settlement.
9. Calculations indicate the velocity of discharge from the pipe spillway is sufficiently high
to require an energy dissipater.
10. A slotted drainage pipe is recommended to drain the sand filter so that the amount of
seepage can be more readily monitored. A varmint guard should be used at the exit.
11. The type of pipe material and joints to be used in the riser must be specified.
12. Specifications of how the trash rack will be attached to the riser must be provided.
13. Please include the "Trash Rack / Cold Water Intake Detail" dated January 18, 2002 in the
plans. This detail will satisfy the requirement of The Wildlife Resources Commission
that the base flow discharge be drawn from a greater depth in the reservoir.
14. Depending on the type of riser material used, additional mass concrete may be required in
the riser base to meet the required 1.15 factor of safety against floatation.
15. Construction specifications in accordance with the geotechnical consultant's
recommendations must be submitted for core trench excavation, dewatering, pipe
spillway placement, soil compaction and testing, frequency of testing.
16. The method of stream diversion during construction should be specified.
17. You may wish to consider flattening the downstream slope to ease the establishment of
vegetation and facilitate mowing and other maintenance.
18. It is advisable to incorporate wave protection in the upstream face of the dam at and near
normal pool elevation.

Mr. Odum .
May 6, 2002
Page 3
It would greatly aid further application review if a response to each of the above comments were
made in a cover letter submitted with two sets of the revised plans, specifications and design
data.
Please contact this office or Mr. Max Fowler at our Asheville Office, [phone] should you
have any questions concerning the above items.
Sincerely,
v
James D. Simons, P. E., P.G.
Chief Engineer, Land Quality Section
� 1•
cc: Herman Sisk
j crest=WestalL PEE
'Owen Anderson
Richard A. Phillips, PE

A�
HCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Charles H. Gardner, P.G., P.E.
Director and State Geologist
Mr. Jonathan Hollifield
Odom and Associates
152 North Main Street
Forest City, NC 28043
RE: Proposed Pittman Dam
Rutherford County
Broad River Basin
Dear Mr. Hollifield:
Land Quality Section
March 19, 2002
Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
i MAR 8 ne
Asi!rvl i i:��;, •;; <; E �a;-ricE _
A review has been made of the plans, specifications and design data submitted under
cover letter dated September 21, 2001 and received in this office on September 26, 2001 for
the construction of the referenced dam. Prior to issuance of an approval to construct,
additional information or revision is requested for the following items:
The concrete lined emergency spillway is proposed over the embankment fill of'the
dam. There are ,many potential problems with a spillway placed on fill. If there is
settlement of the fill, the results may be displacement; cracks, and open joints. If there
is failure of the chute, fill soil is not nearly as resistant to concentrated flow as in situ
soil. It is for these reasons that open channel spillways should be constructed in
natural ground.
2. Will the side slopes of the concrete chute spillway be high enough to contain the
hydraulic jump where the chute spillway meets the horizontal? Please provide
calculations to ensure that the hydraulic jump will not discharge outside the limits of the
side slopes of the spillway.
3. In accordance with the North Carolina Administrative Code (NCAC, 15A, 2K, .0206(g)),
all outlet channels shall be provided with a dissipater to control erosion. This energy
dissipater shall be designed with side slopes extending high enough to contain the
hydraulic jump at the horizontal apron and to control erosion along the outer edges of
the apron. Please include calculations for the sizing of the energy dissipater. If the
chute is placed in an abutment, we recommend a rip rap transition channel to return the
flow to the stream.
4. Please indicate the locations of joints and provide structural joint details for the
concrete chute spillway. Specifications for the joint sealant and the joint sealant
manufacturer's recommended primer should be included. Also,'water'stops should be
provided across all joints to minimize the potential for leakage through the joints which
can lead to piping of soils beneath concrete chute spillways.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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Mr. Hollifield
March 19, 2002
Page 2
5. It is recommended that a cutoff wall be included at the upstream end of the control
section of the spillway to decrease,the hydraulic gradient for seepage beneath the
concrete spillway. Also, it is recommended that a cutoff wall be located at the end of
the chute to minimize undermining of the spillway at its outlet and that either a blanket
drain system or a transverse joint drainage system be included in the lower half to lower
third of the sloped spillway exit channel. Included with this letter is a detail page of
joints within concrete spillway slabs out of "Design of Small Dams" published by the
Bureau of Reclamation Third Edition, 1987. Either one of these drainage systems will
accomplish relieving uplift pressures caused by leakage through joints or cracks in the
concrete and permit water to be conducted back to the stream while minimizing erosion
of the soil under the chute.
6. Please provide quality control specifications for the concrete construction.
7. Sheet 2 of 2, Concrete Spillway detail - The thickness of the concrete should satisfy
ACI code for a minimum cover of 3 inches for concrete cast against and permanently
exposed to earth. This minimum cover for reinforcement provides a margin for freeze -
thaw damage.
8. Independent calculations by this office indicate that the proposed dam would overtop in
the twenty five year and fifty year storm events. The regulations require that
jurisdictional dams that are classified as small low hazard dams be capable of passing
the six hour duration, fifty year recurrence interval storm without overtopping. It
appears that the watershed area draining to the reservoir may have been
underestimated.
10. Sheet 2 of 2, Cross section through riser portion of the dam embankment and the Sand
Filter detail - An outlet device such as a pipe fitted with a well point should be used as
an exit for the diaphragm drain around the spillway pipe. A varmint guard should be
used at the exit. Also upstream and downstream slopes should be labeled on this
diagram.
11. Detail drawings of the water tight pipe joints and the gate valve should be provided
along with pertinent specifications under Appendix A: Specifications, Item 4, Pipe
Spillway.
12. Please specify how.the stream will be diverted during construction.
13. Appendix A: Specifications, Item 2, Excavation - "Suitable materials obtained from the
required excavations may be used in the embankment." Please indicate who will be
the judge of what is "suitable" and what specifications will this material fall under.

Mr. Hollifield
March 19, 2002
Page 3
14. Appendix A: Specifications, Item 3, Earth Fill - It is standard to specify that the
embankment material be compacted to 95% Standard Proctor and plus or minus a
percentage of optimum moisture.
15. Test data for suitable borrow materials should be submitted with the as built plans.
16. It is requested that the volume of concrete around the riser be increased to provide for
a factor.of safety of 1.5 against buoyancy. It appears that buoyant force of concrete
was neglected.
17. It is recommended that the crest of the dam be provided with a cross slope to drain
toward the lake. This will help to minimize erosion of the downstream slope from
surface runoff.
18. The detail faxed to this office on February 5, 2002 "Trash Rack/Cold Water Intake
Detail' shall be included with the as built plans.
It would greatly aid further application review if a response to each of the above
comments were made in a cover letter submitted with two sets of the revised plans,
specifications and design data. Please contact Ms. Tami V. Idol, E. I., Assistant State Dam
Safety Engineer or me at telephone number [phone] should you have any questions
concerning the above items.
Sin erely,
James D. Simons,, P. G., P. E.
Chief Engineer
Land Quality Section
Enclosure
JDS/TVI/MRF
cc: Delbert Pittman
>F�orrest 1N'estall;_P_.�E.
Richard A. Phillips, P.E.,

i
UNITED STATES DEPARTMENT OF THE INTERIOR --
BUREAU OF RECLAMATION
DESIGN OF
M LL -S
A DAM
First Edition, 1960
Second Edition, 1973
Revised Reprint, 1977.
Third Edition, 1.987

432 D SI N OF SMALL DAMS
I
I
. • Contraction joint
(Provide preformed joint
filler for expansion joints )
Dowels Pervious blanket (where
foundation is not free
- Flow draining)
}o4:Q,;:; e.,. A, -o Reinforcement across joints
Seal where leakage
is to be minimized
Drain pipe surrounded Cutoff wall
i. :!.
{ by gravel filter Foundation
+ Mortar pad IrE Augered"hole backfilled
_ with p:oi:crete /: ---------- --r-�
Anchor / ` Mortar pad' Drain )ipe'"in `Pervious blanket'(where
{{ \bar / gravel filter foundation is not free
draining)
I \ Approximate effective added
Enlarged bottom for / weight obtained by anchorage LONGITUDINAL JOINTS IN CHUTE LINING
{ 4 bulb anchorage
' TRANSVERSE JOINTS IN CHUTE LINING
w
i%
ARTICULATED FLOOR LINING ON EARTH FOUNDATIONS
Contraction joint with
waterstop and dowels--,,,,,,
..
Drains
It
jI -
Anchor bars, at appropriate
spacing, grouted into formation
i' ARTICULATED FLOOR LINING ON FIRM FORMATION
ii
a'
Rigid plastic
Dowel- foam insulation
i - \ / Waterstop -t
�.:.. Dowels between walls only
{° 4.
'�' Sand Waterstop x
W.
Sand
Lean concrete pad
Lean concrete pad
Perforated SP drain---o-:
Perforated SP drain Crushed rock or gravel
Crushed rock adjacent to drain Anchor bar
.TRANSVERSE JOINT, CUTOFF AND DRAIN JOINT, CUTOFF AND DRAIN DETAIL
" DETAIL FOR ARTICULATED FLOOR.LINING FOR FLOOR MONOLITHIC WITH WALL
Figure 9-71.—Floor lining details for spillway chdnnels. 103-D-9877.
1

4 :•'
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
James D. Simons, PG, PE
January 24, 2007
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7006 2150 0005 2459 2945
RETURN RECEIPT REQUESTED
Mr. John W. Bennett and Ms. Mary Smith Bennett
396 Smith Grove Road
Forest City, NC 28043
RE: John Bennett Dam
RUTHE-027
Rutherford County, North Carolina
Broad River Basin
Dear Mr. And Mrs. Bennett:
- William G. Ross, Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
DEE�!
JA N 2 4 2007
WATER QUALITY SECTION
ASHEVILLE RC -(IL
CfJAL G=�!CE
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
An inspection of the referenced dam was conducted on December 13, 2006 by staff of the
Asheville Regional Office. During this inspection, the following conditions were noted:
1. Items requested in the letter, dated August 1, 2005 from Mr. Maxwell Fowler, P.E.,
State Dam Safety Engineer to Mr. David Odom, P.E. have not been adequately
addressed. See enclosed copy of letter requesting additional information.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of residential housing units.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to address the additional information
requested. Plans and specifications for repair based on the results of the study must be filed with
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One
www.enr.state.nc.us NorthCarolina
An Equal Opportunity I Affirmative Action Employer Aawrallif

Mr./Ms. John Bennett
January 24, 2007
Page 2 of 2
the Division of Land Resources for approval pursuant to the North Carolina Administrative
Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of the requested
information shall be submitted to this office by March 28, 2007.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by March 28, 2007. These items include the following:
An updated emergency action plan will be required for this dam. If an existing EAP has not
been updated in the past year, the downstream hazards shall be checked and all contact
information should be verified. Two copies of the EAP shall be submitted to the Division of
Land Resources, and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before February 15, 2007, we shall present the case information
for appropriate enforcement action. Enforcement action could include a civil penalty of up to
$500.00 per,day of violation, and/or issuance of a Dam Safety Order requiring the repair -or
removal of this dam, and/or injunctive relief to gain compliance.
Sincerely,
I . S
r (� 4 -
et S. .Boyer, P.E.
R gional Engineer
cc: David Odom, P.E., Odom Hollifield and Associates
CRoger—Edwards; Water Quality -Reg onal-SupervisorJ
Maxwell Fowler, PE, State Dam Safety Engineer
Enclosure: August 1, 2005 letter from Maxwell Fowler, PE
G:\LQ\Rutherford\Dams\027 John Bennett Dam\Notice Of Deficiency 1-24-2007.doc

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
September 21, 2007
Mr. Tom Judson
Fairfield Mountains Property Owners Association
112 Mountains Boulevard
Lake Lure, North Carolina 28746
RE: Approval to Modify
Bald Mountain Dam
Rutherford County
RUTBE-013 .
Dear Mr. Judson:
r
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
d �b.:�;•.'J.;eizstk'�r.F.ii�
I
SEP 2 8 2007
WATER QUALITY SECTION
ASt'EVILLE REGIONAL OEFIrE l
This is in response to your submission dated June 28, 2007 and received on July 5, 2007 of
plans, specifications and design data for the modification of the subject dam in compliance with
the Dam Safety Law of 1967. These plans, specifications and design data were prepared under
the supervision of Mr. Thomas Fitzgerald, PE. This letter constitutes approval of the proposal to
modify the subject dam according to the -plans and specifications received by this Division on
July 5, 2007 with the following stipulations:
1. Mr. Thomas Fitzgerald, PE shall provide engineering supervision.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary.
3. Upon completion of the project, Mr. Thomas Fitzgerald, PE shall inspect the completed
work and upon finding that the work has been done as specified and the dam is safe, shall
file with the Division of Land Resources two sets of record drawings and a certificate
stating that the work has been completed in ac_cordancemith approved plans,
specifications and other requirements.
4. The water level in the impoundment shall remain lowered to elevation 1041 or below
until final approval is issued by the Division of Land Resources for operation of this dam.
Also, draining of the lake shall be performed in such a manner as to preclude off -site
sedimentation.
(aCs�V(aC
Geological Survey • Land Quality • Geodetic Survey
Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 SEP 2 7 2007
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX: [phone] Internet: www,dlr.enr, state. nc.usldlr.htm - hand 6u014 Secflon
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Mr. Tom Judson
September 21, 2007
Page 2 of 2
5. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are
required for high hazard dams. The O&M plan should address routine maintenance,
frequency of piezometer readings if applicable, frequency of inspections by the owner or
the owner's representative, and annual operation of the siphon to ensure that it is
functional. Siphon operation procedures should be described in the O&M plan. It is
strongly recommended that the EAP be submitted prior to commencing modifications to
deal with problems that may arise during construction. Nevertheless, both the EAP and
O&M plan must be received prior to issuance of the final approval of modifications.
6. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa, North Carolina 28778, [phone] a minimum of ten days
before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the modifications must begin within one year of the date of this document or this
approval is void. For assistance you may contact the Asheville Regional Office at (828) 296-
4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone
number [phone].
Si rely,
ames D. Simons, PG, PE
Director and State Geologist
cc: Mr. Thomas Fitzgerald, PE, Schnabel Engineering South
Ms. Janet Boyer, PE, Land Quality Regional Engineer
,Mr. --Roger Edwards Surface_Water Protection.Regional_Supervisor y.�

TMA-
NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor 1- -
James D. Simons, PG, PE, Director and State Geologist
January 2, 2008
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7006 1820 0002 9207 0030
RETURN RECEIPT REQUESTED
John W. Bennett & Ms.
396 Smith Grove Road
Forest City, NC 28043
MarySmith Bennett
RE: John Bennett Dam 027 - Rutherford County
Dear Mr.& Ms. Bennett:
c E 0 ll E'D
JAN - 4 2008
ER QUALITY SECTION .
D.SOIILLE REGIONAL OFFICE
William G. Ross, -Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
The Dam Safety Law of 1967 provides for the certification and inspection of dams, in the interest
of public health, safety, and. -welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visual inspection of the referenced dam was conducted on December 12, 2007 by staff of the
Land Quality Section Asheville Regional Office. During this inspection, the following conditions
were noted:
1. Items requested in the letter dated June 7,2007 from Maxwell Fowler, P.E., State Dam
Safety Engineer to David Odom, P.E'. have not been addressed. See enclosed copy of
the letter requesting additional information.
These conditions appear serious and justify further engineering study to determine' appropriate
remedial measures. In the event of a dam failure, human life and significant property damage
would be possible because of the downstream location of residential housing.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions
outlined in this letter. Plans and specifications for repair based on the results of the study must be
filed with the Division of Land Resources for approval pursuant to the North Carolina
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax 828-299=7043
www.enr.state:nc.us. NorthCarolina
An Equal Opportunity / Affirmative Action Employer

Notice of Deficiency
Bennett Dam
January 2,e2,008
Page 2 o'2`: ,
Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this
study and plan shall be submitted to this office by March -3, 2008.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by March 3,2008. These items include the following: Complete removing trees and
bushes growing along the toe of the dam.
You are instructed to drain the impoundment and keep it drained until necessary repairs
-are made or a breach plan is submitted and -approved by The Division of Land Resources.
For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by
our office. Siphoning shall be done under the supervision of a licensed engineer
experienced in dam design. The draining shall be done in such a way to minimize the
sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger
Edwards, at [phone] for additional information on their requirements.
An updated Emergency Action Plan (EAP) will be required for this dam if one is'not already on file.
If an existing EAP has not been updated in the past year, the downstream hazards shall be
checked and all contact information should be verified. Two copies of the EAP shall be submitted
to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Max
Fowler, PE, and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before March 3, 2008 we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
ranet S. BoyerPE
nal Engineer
cc: Maxwell Fowler, PE, State Dam Safety Engineer
CRoger-Edwards; Surface-Water-Protection_Regional:.Supervisor
G:\LQ\Rutherford\Dams\027 John W. Bennett Dam\ARO Notice Of Deficiency 1-02-08.doc

LEc
IMA
NCDENR
North Carolina Department of Environment and Natural. Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
June 7., 2007
Mr. David Odom, PE
Odom Hollifield and Associates
152 East Main Street
Forest City, North Carolina 28043
RE: Bennett Dam
State I.D.: RUTHE-027
.Received
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Received
.ano Quality Secrc,
Dear Mr. Odom: end Quality sectiot ,s,,o,�lli�
A review has been made of the plans, specifications and design data submitted under cover
letter dated March 28,, 2007, received in the Asheville Regional Office on March 28, 2007, and
received in this office on April 2, 2007 for repair of the referenced dam. Prior to issuance of an
approval to repair, additional information or revision is requested for the following items:
The proposed construction entrance should be located where construction traffic will be
exiting the work site onto paved public roads. Please revise.
2. A more specific grouting procedure should be provided. At a minimum, it is
recommended that grout volume estimates be made for the existing riser barrel spillway
and compared to volume of grout used after grouting is complete. Such a comparison
should be included in the final as -built submittal along with a summary of any other
significant observations made during the grouting operation.
3. For the purpose of clarity, please provide a principal spillway profile showing pertinent
dimensions, elevations, pipe joints and cradle joint locations.
4. The inlet velocity of both the siphon bottom drain and the slide gate at.the proposed
principal spillway are a function of the geometry and hydraulics of those systems.. As
such, it cannot be asserted that the velocity will not exceed 2.5 feet per second without
supporting dimensions and design calculations. Please provide trash rack dimensions,
mesh spacing, and calculations to'show velocity through the proposed trash racks will
not exceed 2.5 feet per second.
5. Please specify how the joints of the proposed siphon will be connected (e.g. glued,
gasketed-restrained/unrestrained).
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Odom
June 7, 2007 f
Page 3 of 3
18. Please provide detail of proposed varmint guards.
19. To reduce the potential for confusion, construction details should generally be drawn to
scale and all pertinent dimensions provided to aid in proper construction.
It would greatly aid further application review if a response to each of the above comments
were made in a cover letter submitted with two sets of the revised plans, specifications and
design data. Please contact this office should you have any questions concerning the above
items.
Sincerely, {�
Maxwell R. Fowler, PE
State Dam Safety Engineer
cc: Mr. John Bennett
Ms. Janet Boyer, PE

A7o'
—
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
James D. Simons, PG, PE, Director and State Geologist
February 11, 2008
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7005 1820 0002 9207 0573
RETURN RECEIPT REQUESTED
Mr. Max R. Hamrick
Mrs. Margaret R. Hamrick
1670 US Hwy 221 — South
Forest City, NC 28043
RE: Sunnyside Lake Dam, RUTHE-001
Dear Mr. And Mrs. Hamrick:
William G. Ross, Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
rD E=
�I
FEB 1 2 2008 ,1 ]
WATER QUALITY SECTION
ASHE'dILLE IL91'F AL OFFICE
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public
health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons,
damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on January 30, 2008, by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions_ were noted:
1. Trees and high bushes are growing on the back slope of the dam.
2. The spillway system appears to be inadequate and deteriorating.
3. The emergency spillway system is highly eroded and head cutting back towards the entrance of the
spillway.
4. The gristmill structure located on the downstream slope of the dam is being operated as a
business. This condition adds an additional hazard that could cause possible injuries to persons
during a dam failure.
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property damage may occur due to the
downstream location of the mill/business located at the toe of the dam and Hwy 221 South.
In order to ensure the safety of this dam, you are directed to retain the services of a registered professional
engineer or an experienced engineering firm to:
1.) Prepare an accurate as -built survey of the dam;
2.) Determine the condition of the primary and emergency spillway systems and verify it meets the
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.ennstate.nc.us One
NorthCarolina
An Equal Opportunity / Affirmative Action Employer Naturally

Notice of Deficiency
Mr. Max R. Hamrick
February 11, 2008
Page 2 of 2
design standards required for High Hazard Dams in NC;
3.) Remove all trees and woody vegetation, including the root systems from the dam surface under the
supervision of a professional engineer and establish a permanent grass ground cover;
4.) Investigate and design a toe drain system as required to control seepage' noted at the toe of the
dam near the water wheel structure;
5.) Investigate and report in the engineering study the structural impact and any adverse condition
caused to the dam by the placement of the grist mill/business located directly on the downstream
slope of the dam.
6.) Based on the information obtained in the survey and study, prepare repair plans and submit them to
the Division of Land Resources for approval pursuant to the North Carolina Administrative Code,
Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be
submitted to this office by April 30, 2008.
You are instructed to drain the impoundment and keep it drained until necessary repairs are made
or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams
the rate ofd[aw down"shall not exceed 1 foot per day unless approved by our office. Siphoning
shall be done under the supervision of a licensed engineer experienced in dam design. -The
draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North
Carolina Division of Water Quality, Roger Edwards, at [phone] for additional information on
their requirements.
An Emergency Action Plan (EAP) will be required for this dam. The downstream hazards shall be identified
and a list of all emergency contacts should be verified. Two copies of the EAP shall be submitted to the
Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Max Fowler, PE, and
a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive
notification on or before March 29, 2008, we shall present the case information for appropriate enforcement
action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or
issuance of a Dam Safety Order requiring the repair or removal'of this dam, and/or injunctive relief to gain
compliance.
Sincerely,
�- '91ttp
J net S. Boyer, PE
egional Engineer
cc: Maxwell Fowler, PE, State Dam Safety Engineer
(Roger Edwards Surface Water Protection Regional Supervisor]
G:\LQ\Rutherford\Dams\001 Sunnyside\NOD 02-11-08.doc

FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
March 26, 2008
Mr. Christopher Henson
284 Line Drive
Forest City, NC 28043
RE: Walker Lake aka Daniel Dam
Rutherford County
RUTHE-021
Dear Mr. Henson:
E C E 0 V EI
APR - 4 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Thank you for the opportunity to review the information regarding your request for an exemption
from the North Carolina Dam Safety Law of 1967 for the referenced dam. - This information was
received in our office on September 24, 2007 and March 17, 2008 under transmittal letters from
the office of Hargett Resources, Inc. dated September 21, 2007 and March 13, 2008.
Land Quality Section personnel from the Asheville Regional Office conducted an inspection of
the dam site and downstream areas to confirm the low hazard classification on January 11, 2008.
Based on our review of the above -referenced information and site inspection, our office concurs
that a low hazard classification is warranted based on the current development downstream from
the proposed dam, and thus, an exemption can be granted.
However, the following comments are offered:
1. Our office encourages the owner of any dam that remains in service to maintain his dam to
. the same standards as if it were under the jurisdiction of the Dam Safety Law of 1967.
2. If this dam remains in service and at any time in the future you wish to make changes to the
dam where the height is 15 feet or greater as measured from the highest point on the crest of
the dam to the lowest point on the downstream toe and it will impound 10 acre-feet or more
at the highest point on the crest of the dam, this dam would not be exempt, and drawings and
specifications for any upgrades will be required along with application processing fees.
3. If the dam remains in service and future downstream development occurs which would be
impacted by a failure of the dam, then the hazard classification would need to be reassessed
and could possibly change from low to either intermediate or high hazard classification.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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Mr. Henson
March 26, 2008
Page 2 of 2
Please note that in accordance with General Statute 143-215.25A(a)(6), dams that are determined
to be high hazard are subject to the provisions of the Dam Safety Law of 1967 regardless of
height or impoundment capacity.
If this dam is taken out of service, the Army Corps of Engineers and the Water Quality Section
of this Department should be contacted to determine if additional permits are required. Also, the
erosion and sediment control program having jurisdiction should be contacted to determine
permit requirements. ,.In any case, sediment must be prevented from entering the waters of the
state or flowing onto neighboring property.
Please contact Ms. Janet Boyer, PE, Regional Engineer, at telephone number [phone] or
me at telephone number [phone] should you have any questions or if we may be of
further assistance in this matter.
Sincerely,
Francis M. Nevils, Jr., PE
Section Chief
FMN/WHH
cc: Mr. David L. Hargett
�--KOger Edwards, Water_Q aality Regional -Supervisor
Ms. Janet Boyer, PE, Land Quality Regional Engineer

NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
James D. Simons, PG, PE Land Quality Section
Director and State Geologist
February 20, 2008
Mr. John Bennett
396 Smith Grove Road
Forest City, North Carolina 28043
RE: Bennett Dam
Rutherford County
State I.D.: RUTHE-027
Dear Mr. Bennett:
D 0 V E
FE8 2 9 M
sour es
—7�1
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Michael F. Easley, Governor
William G. Ross Jr., Secretary
This is to acknowledge receipt of your revised application dated February 5, 2008 for the repair of the
subject dam. The application was received in our office on February 8, 2008.
Applications requiring an approval to repair a dam will be reviewed by this office in the order they are
received except that existing high hazard potential dams with known safety issues will be given priority.
We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number (828) 296450.0 or a member
of the Central Office Dam Safety staff at [phone] should you have questions concerning this
matter.
Sincerely,
William H. Denton, IV, EIT
Assistant Dam Safety Engineer
Land Quality Section
cc: Mr. David Odom, PE .
---- T_--Wate � �•-a �r��'
T 1.)4liYli 1G .1:tv�Re�lO�la,1�S
Janet Boyer, PE, Regional Engineer
f b 5C'02- 15�' v.VW-'A:5
1612 Mall Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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Michael F. Easley, Governor
James D. Simons, PG, PE, Director and State Geologist
April 25, 2008
Mr. Max R. Hamrick
Mrs. Margaret-R. Hamrick
1670 US Hwy 221 — South
Forest City, NC 28043
RE: Sunnyside Lake Dam, RUTHE-001
30-day NOD deadline extension
Dear Mr. And Mrs. Hamrick:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
William G: Ross, Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
�, APR 2 9 2008 I
WATER QUALITY SECTION
=uFvn I E REGIONAL OFFIC
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public
health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons
damage to downstream property, and to ensure the maintenance of stream flows.
This office issued a Notice of Deficiency on February 11, 2008 for the following conditions:
1. Trees and high bushes are growing on the back slope of the dam.
2. The spillway system appears to be inadequate and deteriorating.
3. The emergency spillway system is highly eroded and head cutting back towards the entrance of the
spillway.
4. The gristmill structure located on the downstream slope of the dam is being operated as a
business. This condition adds an additional hazard that could cause possible injuries to persons
during a dam failure.
We received your letter of April 16, 2008, requesting a 30-day extension. The deadline is hereby extended .
until May 30, 2008. Your letter included a letter from the local volunteer fire department stating that the
pond is used for fire protection. Therefore, we are not requiring you to drain the impoundment at this time.
However, please be aware that it may be necessary to drain the pond to make repairs. The fire department
should make arrangements for an alternative source of water if this is the case.
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property damage may occur due to the
downstream location of the mill/business located at the toe of the dam and Hwy 221 South.
In order to ensure the safety of this dam, you are directed to retain the services of a registered professional
engineer or an experienced engineering firm to:
1.) Prepare an accurate as -built survey of the dam;
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
ww.enr.state.nc.us One
wNorthCarolina
An Equal Opportunity, / Affirmative Action Employer Natu, all
�/
a

Notice of Deficiency
Mr. Max R. Hamrick
April 25, 2008
Page 2 of 2
2.) Determine the condition of the primary and emergency spillway systems and verify if meets the
design standards required for High Hazard Dams in NC;
3.) Remove all trees and woody vegetation, including the root systems from the dam surface underthe
supervision of a professional engineer and establish a permanent grass ground cover;
4.) Investigate and desigh a toe drain system as required to control seepage noted at the toe of the
dam near the water wheel structure;
5.) Investigate and report in the engineering study the structural impact and any adverse condition
caused to the dam by the placement of the grist mill/business located directly on the downstream
slope of the dam.
6.) Based on the information obtained in the survey and study, prepare repair plans and submit them to
the Division oftLand Resources for approval pursuant to the North Carolina Administrative Code,
Title 15A, Subchapte'r'2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be
submitted to this office by May 30, 2008.
An Emergency Action Plan (EAP) will be required for dam. The downstream hazards shall be identified
and ,a list of all emergency contacts should be verified. Two copies of the EAP shall be submitted to the
Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety,
Engineer, and a copy shall be provided to the local emergency management office.
Please contact us at 828-296=4500 to advise us of your intended action in this matter. If we do not receive
notification on or before May 30, 2008, we shall present the case information for appropriate enforcement
action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or
issuance of a" Dam Safety Order requiring the repair or removal of, this dam, and/or injunctive relief to gain
compliance.
Sincerely,
J et S. Boyer, PE
R gional Engineer
cc: State Dam Safety Engineer
vRoger.-Edwards;: Surface Water -Protection Regional _Supervisor
G:\LQ\Rutherford\Dams\001 Sunnyside\extension 04-25-08.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E.
Director and State Geologist
September 26, 2003
Mr. Delbert D. Pittman
460 Glover Road
Ellenboro, NC 28040
RE: Approval to Impound
Pittman Dam
Rutherford County
RUTB E-063-L
Broad River Basin
Dear Mr. Pittman:
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
This concerns the subject dam recently constructed on Sandy Run in Rutherford County pursuant
to issuance of an Approval to Construct on June 6, 2002 as required by the Dam Safety'Law of
1967. Record Drawings and the engineer's certification were received on September 2, 2003.
Mr. David W. Odom, PE, certified the dam. Also, Check No. 3865 in the amount of $727.73
serving as the additional application processing fee was received on August 11, 2003.
Land Quality Section staff of the Asheville Regional Office made an inspection of this dam on
September 24, 2003. The dam was found to be in general conformance with the approved plans
and specifications, and you may impound water. During filling of the pond, a residual flow shall
be maintained downstream of the dam sufficient to prevent degradation of aquatic habitat.
The Land Quality Section staff will make periodic inspections of this dam to assure that the dam
is being maintained in good operating condition. These inspections, however, will be relatively
infrequent. It is advised that you closely inspect and monitor your dam, and that you.notify your
engineer and the Division of Land Resources if you suspect any problems concerning its safety.
Sincerely,
Maxwell R. Fowler, PE
State Dam Safety Engineer
cc: Mr. David W. Odom, PE
=:AForrest:.R.-Westall PE; Regional Water;.Quahty Super-visorr�
Mr. Richard A. Phillips, PE, Regional Engineer, Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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A :a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E.
Acting Director and State Geologist
July 23, 2002
Mr. Herman Sisk
Laurel Lake Development LLC
119 U.S. Highway 221A
Forest City, NC 28043
RE: Approval to Construct
Laurel Lake Dam
Rutherford County
Broad River Basin
Dear Mr. Sisk:
JUL 3
020
All
Michael F. Easley, Governor
William G. Ross Jr., Secretary
This is in response to yout.submissions dated September 21, 2001;-April 30, 2002; July_1, 2002
and received on September 26, 2001; May 17, 2002; July 5, 2002 respectively of plans,
specifications and design data for the construction of the subject dam in Rutherford County on a
tributary to. Bill's Creek in compliance with the Dam Safety Law of 1967. These plans,
specifications and design data were prepared under the supervision Mr. David Odom, PE. This
letter constitutes approval of the proposal to construct the dam according to these plans and
specifications with the following stipulations:
1. Project construction shall -be supervised by Mr. David Odom, PE.
2. During construction the Division of Land Resources may require such progress reports. as
are deemed necessary.
Upon completion of the project, David Odom, PE shall inspect the completed work and
upon finding (a) and that the work has been done as specified and (b) that the dam is safe,
shall file with the Division of Land Resources two sets of "as -built" drawings and a
certificate stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
4. No water shall be impounded behind the dam until an approval to impound is issued by
the Division of Land Resources for operation of this dam.
Geological. Survey • Land Quality • Geodetic Survey
Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX: [phone] Internet: www.dlr.enr. state.nc.us/dlr.htm
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Mr. Sisk
July 23, 2002
Page Two
5. You must notify Mr. Richard A. Phillips, P. E., Regional Engineer, Land Quality Section,
59 Woodfin Place, Asheville, North Carolina 28801, telephone number [phone]
ten days before the start of construction.
6. The approved erosion and sediment control plan must be implemented and maintained.
7. The owner is responsible for obtaining any necessary permits from other regulatory
agencies such as the Army Corps of Engineers and the Water Quality Section of this
Department.
I am enclosing a copy of a cost certification form and an explanation of the final processing fee
calculation. An additional fee will be required when the engineer's certification is submitted if
the construction cost exceeds $10,001.00. In any event, the cost certification must be completed
and returned with the engineer's certification before an approval to impound can be processed.
The Dam Safety Law of 1967 requires that project construction commence within one year from
the date of this approval, or the approval is void.
Si rely,
es D. Simons, PG, PE
Acting Director
JDS/MRF/TVI
Enclosures
cc: Mr. David Odom, PE —
Mr. Forrest Westall, PE
Mr. hRi rac d A. Phillips, PE

YTAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Charles H. Gardner, P.G., P.E.
Director and State Geologist
June 18, -2002
David Odom, PE
Odom and Associates
152 East Main Street
Forest City, NC 28043
Land Quality Section
RE: Proposed Laurel Lake Dam
Rutherford County
Broad River Basin.
Dear Mr. Odom:
rJUr — 2 qn i
WATER ppUAb SECTION
ASHEVILL. REGIONAL OFFICE
Michael F. Easley, Governor
William G. Ross Jr., Secretary
A review has been made of the plans, specifications and design
data submitted under cover letter dated April 30, 2002 and
received in this office -on May 17, 2002 for the construction of
the referenced dam. substantial progress has been made
addressing the previously mentioned concerns, but prior to
issuance of an approval to construct, additional information or
revision is requested for the.following items:
1. Sheet one -of two. The channel.'spi11way control'Section-has
been relocated off the embankment fill, but is not as wide
As originally designed. The present width of thirty feet
and a depth of two feet do not appear adequate to pass the
design storm. Justification of the reduced spillway
capacity or additional capacity and/or temporary reservoir
storage must be provided.
2. ' sheet two of two- spillway Detail. The drawing should show
the side slopes of the channel with the geotextile,- ABC and
rip rap extending up them as high as the design flow. A'
cross section of the control section and a typical cross
section of the outlet channel should be -provided.
3. Corrugated metal pipe is not allowed in a high hazard dams.
,More durable pipe materials such as reinforced concrete with
watertight joints on --a concrete -foundation or ductile iron
with watertight restrained joints must be used.
4. The filter drain is labeled as a sand filter in the cross
section of the dam on sheet 2 of 2, whereas the detail
drawing shows stone wrapped in geotextile. Please revise as
necessary. Also, the extent of the filter drain should be .
shown in the plan drawing -on page one of one. The filter
should extend into each abutment to an impermeable layer to
intercept the phreatic surface at all points on the dam.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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I

Mr. odum
June 18, 2002
Page 2
it would greatly aid further application review if a response to
each of the above comments were made in a cover letter submitted
with two sets of the revised plans, specifications and design
data.
Please contact this office should you have any questions
concerning the above items.;.„
. ,.._.
Sincerely,
.ames D. Simons, PE, PG
Chief Engineer
Land Quality section
IDS/MRF/
cc: jjerman Sisk
or�re_s_tOWC-- tal=l ; PF
Richard A. Phillips, PE
0

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Charles H. Gardner, P.G., P.E.
Director and State Geologist
March 27, 2002
Mr. David Allen
BSA Piedmont Council
Post Office Box 1059
Gastonia, NC 28059
RE: Approval to Breach
BSA Dairy Barn Dam, Camp Bud Schiele
Rutherford County
RUTHE-054-H
Broad River Basin
Dear Mr. Allen:
Michael F. Easley, Governor
William-G. �Ross Jr.,, Secretary
+:_
�.,
i. 1i �'' APR - 5 2002
This is in response to your submission received on October 8, 2001 of plans,
specifications and design data for the breach of the subject dam in Rutherford County on a
tributary to the Second Broad River in compliance with the Dam Safety Law of 1967. ,.The
plans, specifications and design data were prepared under the supervision of Jerry W. Cook,
P.E., with Delta-Tek, Inc.
This letter constitutes approval of your proposal to breach the subject dam according to
the plans and specifications submitted to this Division on October 8, 2001 with the following
stipulations:
1. Project construction shall be supervised by Jerry W. Cook, P.E.
2. During construction the Division of Land Resources may require such progress reports
as are deemed necessary.
3. Upon completion of the project, Jerry W. Cook, P.E. shall inspect the completed..work
and upon finding (a) that the work has been done as specified and (b) that the -breach f
has been sufficiently stabilized to restrain accelerated erosion, shall file with th'e "i
Division of Land Resources two sets of "as -built" drawings and a certificate stating that
the work has been completed in accordance with the approved plans and other
requirements.
Geological Survey • Land Quality • Geodetic Survey • Center for Geographic Information & Analysis
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX: [phone] Internet: www.dlr.enr. state.nc.us/dlr.htm

Mr. Allen
March 27, 2002
Page Two
4. You must notify Mr. Richard A. Phillips, P. E., Regional Engineer, 59 Woodfin
Place, Land Quality Section, Asheville, North Carolina 28801, telephone number (828)
251-6208 before start of construction.
5. Prior to excavation into the dam, the impounded water shall be completely drained at a
rate not to exceed two feet per day.
Should you have any.questions concerning this project, you may contact Mr. James D.
Simons, P.G., P.E. or Ms. Tami V. Idol, E.I. at telephone number [phone], or Mr.
Richard Phillips, P.E. or Mr. Max Fowler, P.E. at telephone number [phone].
Sincerely,
Charles H. Gardner, P. G., P. E.
CHG/TVI/MRF
Enclosures
cc: Mr. Jerry_W. Cook, P.E. _
cm....[r._Foirest Westall,-P-.E.,_Division of Water Quality
Mr. Richard A. Phillips, P.E.

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Charles H. Gardner, P.G., P.E.
Director and State Geologist
April 1, 2002
Bill McBrayer
259 Ivy Drive
Rutherfordton,
28139
Land Quality Section
North Carolina
RE: Approval to Construct
Great Outdoors Dam
Rutherford County
Broad River Basin
Dear Mr. McBrayer:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
APR 5
-r
zooz
This is in response to your submission dated April 24,'2001 and
received on April 30, 2001 of.plans, specifications and design
data for the construction of the subject dam in Rutherford County
on a tributary to the Broad River in compliance with the Dam
Safety Law of 1967. A low hazard classification was proposed by
Mr. Odom and is acceptable under current downstream conditions.
These plans, specifications and design data were prepared under
the supervision David Odom, P.E. Also, Check No. 1251 in the
amount of $200.00 serving as the minimum application processing
fee was received on August 15, 2001.
This letter constitutes approval of the proposal to construct the
subject dam according to the plans and specifications received by
this Division on April 30, 2001 with the following stipulations:
1. Project construction shall be supervised by the David Odom,
P.E.
2. During construction the Division of Land Resources may
require such progress reports as.are deemed necessary.
3. Corrugated metal pipe (CMP) may be used in low hazard dams
if the height of the dam does not exceed thirty five feet
from the downstream channel to the highest point on the
crest.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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Mr. McBrayer
April 1, 2002
Page 2
4. Pipe joints will be used that are structurally sound,
watertight and will accommodate the expected movement.
Dimple bands are not permitted. The joint system used will
be indicated in the record drawings.
5. Upon completion of the project, David Odom, P.E. shall
inspect the completed work and upon finding (a) that the
work has been done as specified and (b) that the dam is -
safe, shall file with the Division of Land Resources two
sets of "as -built" drawings and a certificate stating that
the work has been completed in accordance with approved
plans, specifications and other requirements.
6. No water shall be impounded behind the dam until an approval
to impound is issued by the Division of Land Resources for
operation of this dam.
7. You must notify Mr. Richard A. Phillips, P. E., Regional
Engineer, Land Quality Section, 59 Woodfin Place, Asheville,
North Carolina 28801, telephone number [phone] ten
days before the start of construction.
I am enclosing a copy of a cost certification form and an
explanation of the final processing fee calculation. An
additional fee will be required when the engineer's. certification
is submitted if the construction cost exceeds $10,001.00. In any
event, the cost certification must be completed and returned with
the engineer's certification before an approval to impound can be
processed.
The Dam Safety Law of 1967 requires that project construction
commence within one year from the date of this approval, or the
approval is void.
Sir,"rely,
a�D. Simons P.E. P.G.
IJDS/MRF/ '
CC: David Odom, P.E.
Forrest Westall; _P-.E--;;
Richard A. Phillips, P.E.

AF
•
�'
FqCDENR
North Carolina Department of Environment and Natural- Resources
Division of Land Resources
Charles H. Gardner, P.G., P.E.
Director and State Geologist
September 21, 2001
Michael F. Easley, Governor
William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Woodrow P. Fountain
290 Allyne Koone Road
Union Mills, North Carolina 28167 96
RE: Approval to Repair �5����ti��` �� �f °•.,�
Woodrow Fountain Dam
Rutherford County`(,='��
RUTHE-022-L '' �� �►
Broad River Basin \ \ Z.
Dear Mr. Fountain:
This is in response to your submission dated July 24, 2000 and received in our office on July
26, 2000 of plans, specifications and design data for the repair of the subject dam in Rutherford
County on a tributary to Stoney Creek in compliance with the Dam Safety Law of 1967. These
plans, specifications and design data were prepared by the United States Department of
Agriculture, Natural Resources Conservation Service.
This letter constitutes approval of the proposal to repair the subject dam according to the plans
and specifications received by this Division on July 26, 2000 with the following stipulations:
1. Project construction shall be supervised by the United States Department of Agriculture,
Natural Resources Conservation Service.
2. During construction the Division of Land Resources may require such progress reports
as are deemed necessary.
3. Upon -completion of the project, the United States Department of Agriculture, Natural
Resources Conservation Service shall inspect the completed work and upon finding (a)
that the work has been done as specified, and (b) that the dam is safe, shall file with the
Division of Land Resources two sets of "as -built" drawings and a certificate stating that
the work has been completed in accordance with approved plans, specifications and
other requirements.
Land Quality Section 919-733-4574 \ FAX: [phone] - Geological Survey Section 919-733.2423 \ FAX: [phone]
1612 Mail Service Center, Raleigh, North Carolina 27699-1612
Division of Land Resources 919-733.3833 \ FAX: [phone] \ Internet: www.dlr.enr. state.nc.us(dlr,htm
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Mr. Woodrow P. Fountain
September 21, 2001
Page Two
4. You must notify Mr. Richard A. Phillips, P.E., Regional Engineer, Land Quality Section,
Interchange Building, 59 Woodfin Place, Asheville, North Carolina 28801, (828) 251-
6208 ten days before the start of construction.
5. No water shall be impounded behind the dam until the new spillway system is completed
acco. ding tc_ t` ie plans and the existing corrugated metal pipe has been filled with grout
to t't';- sa'tlsfac'.' ion, of the United States Department -of Agriculture, Natural Resources
uo ,sarvation Service. Also, draining of the lake shall be..performed in such a manner
as to preclude off -site sedimentation.
Also, you shall notify Mr. Richard A. Phillips, P. E., Regional Engineer, at telephone
number (828) 25176208 at least two days before the existing corrugated metal pipe has
been filled in order that our staff may inspect the work prior to refilling of the lake.
In addition to the above -listed stipulations, the following comments are offered:
You may wish to consider sloping the crest of the dam to drain toward the lake. This
span help to reduce erosion of the downstream slope from surface water runoff. (In the
'`'cross section drawing of the dam, the crest appears to be graded to drain toward the
downstream slope.)
B. Recent inspections by Land Quality Section staff have found wetness and seepage at
and near the downstream toe contact of the dam. We recommend that a toe drain
system designed by your engineer be installed. This may prevent the development of
instability in the downstream slope. It will also lessen the likelihood of a "piping" type
failure of the dam. "Piping" occurs when seepage becomes uncontrolled to the extent
that it removes soil particles from the dam or its foundation. As soil particles are
removed, the resistance to seepage decreases, and the rate of seepage increases. This
process continues to accelerate until an interconnected path of voids (i. e., a "pipe" or
"soil conduit") is formed in the soil from the reservoir to the downstream side, typically
leading to failure of the dam. Many times, this process occurs near spillways through
the dam because it is more difficu.1t to compact the soil beside the spillway without
damaging it. Old deteriorated corruc+,ited metal pipes serving as spillways often set the _
"piping" failure process in motion when they allow water to escape into the embankment
fill soils of the dam.
C. A riprap plunge pool or other energy dissipator may be needed at the outlet of the new
siphon because.of erosion due to significant exit velocities from the siphon. Your
engineer should design the outlet protection to prevent erosion at the outlet of the
siphon.

Mr. Woodrow P. Fountain
September 21, 2001
Page Three
D. It is recommended that appropriate piping and valves be added to the siphon system so
that it can be primed to drain the lake or lower the level of the lake for maintenance,
repair or during emergencies as follows:
(1) A•six-inch diameter valve at the outlet end of the siphon;
-the throat of the siphon (i. e., the 24-foc: ?on,,:�
between the two 22.5-degree bends that are feet-.__..
below the crest of the dam);
(3) A valve on the two-inch diameter pipe vent assembly that will allow no entry of air
into the siphon breaker pipe vent assembly; and
(4) A six-inch diameter valve in the upstream leg of the siphon to allow for the
siphon to be filled and primed in order to maintain the lake in a drained condition
after it is initially drained.
E. It is suggested that you discuss with your engineer the best type of joints to use with
PVC pipe. When PVC pipe is used, it is recommended that O-ring gasketed PVC pipe
be used to minimize leakage and/or air entry into a siphon system.
F. Thrust blocks are recommended to be installed at the 22.5-degree elbows at invert
elevations 990.3 and 966.7 in the downstream portion of the siphon.
G. A cutoff wall with a water -tight mastic or sealant between the siphon pipe and the cutoff
wall is recommended to be constructed at the upstream end of the throat of the siphon
to minimize the potential for creating a path for seepage from developing beside the
pipe.
H. It is recommended that backfilling of the siphon pipe trench be achieved using a
maximum four -inch loose lift thickness instead of the specified eight -inch loose lift as
indicated in "Compaction Requirements, Item 3."
J

Mr. Woodrow P. Fountain
September 21, 2001
Page Four
If you questions concerning this Approval to Repair, or if we may be of additional assistance,
please contact Mr. Max R. Fowler, P. E., Assistant Regional Engineer, at telephone number
[phone]; or Ms. Tami V. Idol, E. I., Assistant State Dam Safety Engineer or me at
telephone number [phone].
Sincerely,
James K. Leumas, P. E.
State Dam Safety Engineer
Land Quality Section
JKUMRF/TVI
cc: Mr. Richard A. Phillips, P. E.
Mr. Max R. Fowler, P. E.
Mr..-For._r--esty117yestall P QED
Mr. Harry J. ,Gibson, P. E.
Mr. Samuel C. Bingham, P. E. (cert. mail)
Mr. Albert D. Moore

1!ILVCI!IK.,�:,r
JAMES B. HUNTJR. • "-�-`t �'I
-GOVERNOR
r,
WAITIE"MCDEVITr,j"
PG:, P.E:',C
AND STATE
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 8, 2000
Mr. Michael R. Price
Post Office Box 2253
Shelby, North Carolina 28150
RE: Michael Price Dam
Rutherford County
Broad River Basin
Dear Mr. Price:
DIVISION OF LAND RESOURCES
This is to acknowledge receipt of your application received on April 28,
2000 for the construction of the subject dam. The minimum application
processing fee of $200.00 (Check No. 1370) was also received on April 28,
2000. 1 have enclosed information regarding payment of the additional
application processing fee which is required if the actual cost of construction of
the dam is greater than $10,001.00.
,Applications requiring an approval to construct a dam will be reviewed by
this office. We endeavor to respond to applications within 60 days of receipt of
the application. - Due to our current workload however, please be advised that it
>` may take considerably longer than 60 days to respond.
'- Please contact Mr. Richard A. Phillips, P. E., Regional Engineer or Mr.
Maxwell R. Fowler, P. E., Assistance Regional Engineer at telephone number
[phone]; or Mr. A. Scott Harrell, E. I., Assistant State Dam Safety
Engineer; Mr.'Robert A. Daniel, P. E„ Assistant State Dam Safety Engineer or
me at telephone number [phone] should you have any questions
. a concerning this matter.
Sincerely,
tA_
James K. Leumas, P. E.
State Dam Safety Engineer
Land Quality Section
JKU
Enclosure
cc: Mr. Richard A. Phillips, P. E.
Mr-Forrest-R—Westall.—P'E (,1
Mr. Harry J. Gibson, P. E.
Mr. Samuel C. Bingham, P. E.
Mr. Albert D. Moore
Mr. James Andrews
.LAND QUALITY SECTION [phone] FAX [phone]
GEOLOGICAL SURVEY SECTION [phone] FAX [phone]
P.O. BOX 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

NAME:
Michael Price
COUNTY:
Rutherford County
ADDRESS:
2342 Duncan Creek Road
Ellenboro, North Carolina 28040
PRONE:
[phone] (home)
[phone] (work)
LOCATION:
Four miles NE of Sunshine, North Carolina
off of Duncan Creek Roadj,(SR 1740) on to
Apple Orchard Road (SR 1741).
AP R 2 8 2000
DENR
LAND QUALITY. SECTION

All, ke- r c- DEPARTMENT
DEPARTMENT OF THE INTERIOR AND COMI
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t

North Carolina Department of
Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Charles H. Gardner, P.G., P.E., Director
Division of Land Resources
Richard A. Phillips, P.E., Regional Engineer
Land Quality Section
April 26 2001
Delbert Pittman
Pittman Well Boring, LLC
460 Glover Road
Ellenboro, NC 28040
RE: PROPOSED DAM ON SANDY RUN - RUTHERFORD COUNTY
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Based on a study conducted under the direction of David Odom, P.E., the referenced dam will be classified as
low hazard, jurisdictional. This classification will be valid for the existing downstream conditions and a dam
height of twenty five feet or less. Before construction can begin, an Approval to Construct must be issued by
the Division of Land Resources. To obtain approval, plans and specifications meeting the requirements of a low
hazard, jurisdictional dam must be developed by a professional engineer. Five copies of the plan must be
submitted to the State Dam Safety Engineer along with an initial two hundred dollar ($200.00) review fee. After
construction, record drawings and certification by the engineer must be submitted prior to filling the pond. The
remainder of the review fee, based on the cost of construction and computed according the enclosed schedule,
must be submitted.
To avoid the preceding requirements, the height of the dam must be less than fifteen feet or the impounded
volume less than ten acre-feet. For regulatory purposes, dam height is measured from the lowest down stream
toe to the dam's crest. The impounded volume is measured at the dam's crest, rather than the spillway crest.
It appears that the land disturbing activity associated with the construction of the dam will be one acre or greater.
If this is the case, you mustsubmit asedimentation and erosion control plan and notarized financial responsibility
form to this office. A review fee of forty dollars ($40.00) per acre must be included. When computing the
acreage, round up to the nearest whole acre. You are also encouraged to obtain any necessary permits from
other agencies. For example, you should contact the US Army Corps of Engineers, NC Wildlife Commission,
and this Department's Division of Water Quality.
If the dam is constructed such that it is greater than twenty-five feet regulatory height, it might be classified as
high hazard. High hazard classification will result in additional requirements, such as higher spillway capacity,
geotechnical investigations, and more testing during construction, as well as other requirements. In the event
future downstream development occurs which would be impacted by a failure of the dam, the hazard
classification will need to be re -assessed and could possibly change from low to either intermediate or high
hazard classification. By General Statute 143-215.25A.(a)(6), dams which are determined to be high hazard are
subject to the provisions of the Dam Safety Law of 1967 regardless of height or impoundment capacity.
You may contact Max Fowler or me at [phone] for further assistance.
Sincerely,)
A
Richard A. Phillips, P.E-.
Regional Engineer
/a
copy: vid Odom, P.E.
orrest Westal1, P.E.
i James K. Leumas, P.E.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Michael F. Easley
Governor
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
June 1, 2001
DWQ # 010754
Rutherford County
Mr. Billy Mc Brayer
Great Outdoor Land Company
259 Ivy Drive
Rutherford, NC 28139
Dear Mr. Brayer:
Kerr T. Stevens
Division of Water Quality
d
e
JUN 12 2001 a
WATER Qll".i!'V SECT!CN
On May 18, 2001 the Division of Water Quality (DWQ) was notified by receipt of your applications
regarding your plan to impact wetlands or stream for the purpose of constructing a dam and pond in
Rutherford County. Approval from DWQ is required to disturb these areas. Please provide seven copies of
the following information and refer to the DWQ # listed above in your reply. In particular as described in 15A
NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show these on
maps of suitable scale (for instance V = 100 feet) so we can begin to determine your projects' compliance
with 15A NCAC 2H .0500.
1) Which Nationwide Permit you are requesting? Please inform us of this after consulting with the US
Army Corps of Engineers,
2) The purpose of the pond,
3) A vicinity map so we can locate the site and
4) An accounting of the area of wetland impact (if any) and length of stream impact.
Please call me at [phone] if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing. time for this application will begin when this information is received. If we do not
hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and
will consider it withdrawn.
Cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
File Copy
Central Files
ciEN
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wettands/401 Unit [phone]
Fax: [phone]

r�
NCD'ENR-
JAMES B. HUNTJR.
.GOVERNOR
WAYNE MCDEVITT
SECRETARY
6HARLES HrE GARDNER .,`,_j
. P.G., PE DIRECTOR..�!I
AND STATE GEOLOGIST`
`
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
October 19, 2000 /M
Mr. David Allen, Director
Boy Scouts of America
Piedmont Council
Post Office Box 1059
Gastonia, North Carolina 28053
RE: Approval to Impound
BSA Piedmont Council Dam #2
Rutherford County
RUTHE-004-L
Broad River Basin
Dear Mr. Allen:
Ocr95
This concerns the subject dam recently repaired on a tributary to the
Second Broad River in Rutherford County pursuant to issuance of an Approval to
Repair on December 13, 1999 as required by the Dam Safety Law of 1967.
Record Drawings and the engineer's certification were received on September
15, 2000. The dam was certified by Mr. Jerry W. Cook, P. E., with Delta-Tek,
Inc. A final inspection of this dam�was made by Land Quality Section staff of the
Asheville Regional Office on October 5, 2000. The dam was found to be in
general conformance with the approved plans and specifications, and you may
impound water.
The Land Quality Section staff will make periodic inspections of this dam
to assure that the dam is being maintained in good operating condition. These
inspections, however, will be relatively infrequent. It is advised that you closely
inspect and monitor your dam, and that you notify your engineer and the Division
of Land Resources if you see or suspect any problems concerning its safety.
Sincerely,
James K. Leumas, P. E.
State Dam Safety Engineer
Land Quality Section
JKL/ASH/MRF/
cc: Mr. Richard A. Phillips, P. E.
�Mr Forrest�R'._W.estall,-P E
Mr. Jerry W. Cook, P. E.
LAND QUALITY SECTION (919) 733-4S74 FAX [phone]
GEOLOGICAL SURVEY SECTION [phone] FAX [phone]
P.O. BOX 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

G' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE- REGIONAL OFFICE
WATER QUALITY SECTION
January 31, 2000
Mr. Wiley Harrelson
Post Office Box 335
Caroleen, North Carolina 28019
Subject: Clearwater Hydro Plant
Caroleen, North Carolina
Rutherford County
Dear Mr. Harrelson:
The Asheville Regional Office of the Division of Water
Quality received the information package regarding the above
subject. Our office does not administer the regulations
regarding hydro plants. The Federal Energy Regulatory
Commission (FERC) is the agency with regulatory
responsibility for this operation. Their address is FERC,
3125 Presidential Parkway, Suite 300, Atlanta, Georgia,
30340.
The informational package will be forwarded to FERC for
follow-up by their Atlanta office. Thank you your concern.
Sincerely,
Roger C. Edwards
Wastewater Consultant
Cc: FERC
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
p€.1s W iip
Fi?31T''2fJiV ?b7' a iJ

November 19, 1999
Environmental Waste Management
59 Woodfin Place
Ashville, N.C. 28801
A•i:.­tn: Al Hetzell
Dear Sir;
No are writing you in regards to the Clearwater Hydro Plant
that is currently using the Second Broad River which is
1,ehind our home, in Caroleen N.C., for, the sale of power, to
the Duke Power Company.
T-�o received a copy of Preliminary Project Description of the
Second Broad River Power Project, owned at the time by Chuck
Gresham, but is currently in Richard Gresham's name, in 1984,
when Burlington Industries signed the Dam and (40) forty
acres of land on the other side of the river, over to
Clearwater Hydra, for $10.00. Chuck Gresham approached us
with a proposal that we sign over to Clearwater, a (50) fifty
foot wide strip of our land, in return for a Harrelson
maintaining a job at his Hydro Plant, which we refused.
=age 3., i�em _ A. and D'., Power Plant Operation
r,. Malf_inction of turbine flow compensation device causing
the headwater to drop more than 6" below the primary
spi 1 lway.
I.'. Low river flow warranting -shut-down of one or both
generating units (determined in a similar way as item A).
(photos #1 thru #5 disputing A & D i1ypothe3is)
Trashracks will be cleaned manually on a daily basis during
the fall leaf -fall time of year with maintenance as necessary
the remainder of the year. (they have installed an automatic
trashrack since this description which does not work)
(photos #6 & #7 disputing the cleaned trashracks, when they
a.-e cleaned the trash is thrown over the other side o_f the
Dam returning the trash to the river)
Page 7, item 8., Dam Modifications. Installation and
operation of the generating plant will not alter the present
pool area or surface elevation. Check with Galey & Lord
Industries, Inc., across the street from the Dam, whom they
are to supply water to at all times. Many, many times there
is no water in the race area and very little in'the river
be:cik. Pictures enclosed. (photos #8 thru #11)
Exhibit E (a) Construction Impact, You can not get a boat up
ar down the river, since the Hydro Plant came. We have lived
on this river for over 24 years, no silt have ever been
removed or placed in a dump truck and hauled to a non -wetland
area located downstream of the Dam. (photos #12 & #13)

Page 7., item (b) The plant as proposed will utilize
virtually all of the river flow approximately 9.5 days during
ar, average water year. During this time, there will be no
discharge over the primary spillway. 95 days no -flow over
t.Iie Dam, ask the people who live on the river how much flow
comes over the dam anytime of the year. Their answer will
b•u, there is very little if any water flowing over the Dam at
any time. Children coming home from scl_ooi, walked across
the Dam until Clearwater just this past summer, after years
of the children walking across the Dam, put up a fence, so
the children could not enter the Transformer area from that
side of the Dam. The switchgear building, and 13.2 k volt
primary\460 volt secondary power transformer to this day does
not have a cyclone fencing enclosing them as stated in said
description.
Please check around the area for steel and iron'items, old
drums, etc, most coming from the Hydro Plant itself. The
weeds has grown over these item, so in the summer if a child
were to try and play there and stumble on the weeds and fall,
t.f-.ley would be seY l� hurt. (photos #14 thru 419)
They employe Tony Carroll to maintain the Dam, etc., but he
works another 40 hour week job, at Pike Electric Company, so
he breezes in and out. We must call him when he has the
9�-nerators running too high, that, '.here is no water flowing
in the river banks. We have written Clearwater Hydro about
this happening. No reply. This man is our X son-in-law,
Tony Carroll, who stays either at his girl friend's home, her
r,zme is Toni Horton, Erookmont Ltreet, Forest City, or his
parents home, Steve & sozelle Carron, 1120 Bethany Church
Forest City.
Chuck & Richard Gresham currently reside at 1633 E. Lakeside
Drive, #99, Gilbert, Az., 85234, phone [phone].
Pease notice how high the water level is at the second spill
way and the -Dam, after we refused entrance to the Clearwater
Yydro Plant, on September, 1999. (photos #20 thru #23)
Currently, Clearwater has only (1) one turbine that is
running. They have tried to bring in repairmen for the other
two turbines, but we will not allow their passage t1irough our
land. At least, for now, we will have water in the river
bank,.for all to enjoy.
We would appreciate someone coming to the Dam to check some
of this out. Thanking you in advance for your consideration.
S � ,c re l�
Wile & Jo Ann Harrelson
21.>2 Spencer St.
Caroleen, N.C. 26019
828-657-59-89

0� WAT��QG
Mr. Hoke Thomas
Thomas Brothers Hydro, Inc.
Post Office Box 2040
Covington, Georgia 30015
Dear Mr. Thomas:
Ivllhael .Easley, Ey, r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 18, 2004
Subject: Cliffside Hydro Plant
Highway 120
Second Broad River
Rutherford County
In reviewing your proposal for maintenance of the Cliffside Hydro Plant, reference (b) is the only
acceptable method to accomplish the maintenance. You state in reference (b) the hydroelectric plant
can be maintained with no silt deposited downstream. This is viewed as the most environmental
sound approach to the required maintenance for the hydroelectric facility.
The Division of Water Quality does not require a permit for the action you describe in reference (b) of
your e-mail correspondences received November 17, 2004: However, should sand/silt be deposited
downstream of your maintenance activity of the hydroelectric plant you will be subject to civil penalty
of $25,000.00 per day of violation plus other environmental damages.
If you or your associates have any questions please, feel free to contact me at 828-296-4500.
Sincerely,
l�
Roger C. Edwards
Wastewater Consultant
CC: Mike Harmon
Jeremy Rozsak
J. Will Dellinger
Maria Hunnicutt
Breck Bullock
NorthCarolina
Natura!!k
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycled110% Post Consumer Paper

October 12, 2004
To: Mr. Mike Harmon
18951 Peninsula Point Drive
Cornelius, N.C. 28031
Phone #[phone] office
#704-773-0175 cell
Email mrhharbor(cr�,aol.com
Metal Recycling Services, Inc.
1306 Coakley Street
Monroe, N.C. 28110
Phone #[phone] office
#704-238-0755 fax
4704-609-2640 cell
Attn: Mr. Jeremy Rozsak, President
J.W. International
1400 Harding Place
Charlotte, N.C. 28204
Phone #[phone] office
#704-332-7151 fax
Email: [e-mail]
Attn: Mr. J. Will Dellinger
From: Thomas Brothers Hydro, Inc.
P.O. Box 2040
Covington, GA 30015
Phone #[phone]
Fax #[phone]
Email [e-mail]
[e-mail]
Subj: Preliminary evaluation of your non jurisdictional Cliffside hydroelectric facility
located on the second broad river at the highway 120 bridge in Rutherford County
N.C. and having a gross operating head of 28 feet including two feet of flash
boards and according to USGS having a mean annual flow of 310 CFS and a 7Q10
of 60 CFS
Ref: (a) Thomas Brothers letter of July 15, 2004, revised 10-11-04, site info
(b) Thomas Brothers letter of July 23, 2004, present condition of turbines
1. On Sunday, October 10, 2004 I made an inspection of subject facility. The past Cone
Mills operating procedure for the existing hydroelectric station was independent and not
parallel with Duke Power Company. The station had/has a non jurisdictional
classification not an FERC exemption or permit. According to Mr. Curtis Weaver of

USGS at Raleigh (phone #[phone]) the site was monitored by USGS gauge
402151000 from 1925 through 1997. This gauge was located'/4 mile downstream of the
highway 120 bridge and the flow was slightly regulated by the hydroelectric operations.
The gauge recorded a mean annual flow of 310 CFS, a 7Q10 of 60 CFS for the 220
square mile drainage basin of the Second Broad River at Cliffside. At 85% efficiency, 28
feet of net operating head, 310 CFS mean annual flow and using a combination of the
two existing turbines the site will produce an average of 838 HP, 625 KW @ $.03 per
KW (average), making $18.75 per hour of operation and at a conservative plant factor of
300 operating days per year (.833) will produce $135,000.00 in annual revenue. These
are conservative figures; please have Odom Engineering calculate the gross revenue.
A second opinion is requested.
2. The facility has the following items:
(a) Lake filled in with silt
(b) Concrete dam in good condition
(c) Wooden flash boards needing repairs
(d) One main Sluice gate with questionable operating mechanism
(e) Three manually operated smaller Sluice gates
(f) Steel trash racks that are usable, but manually cleaned
(g) Two metal penstocks needing repairs
(h) Two manually operated wooden head gates having poor seals
(i) Civil structures for the powerhouse seems to be in good condition
0) Condition of the two metal draft tubes is presently unknown
(k) The two James Leffel turbines appear to be in good condition
(1) The two Westinghouse generators appear to be in good condition
(m)The two Woodward governors appear to be in good condition
(n) The 600 volt switchgear, with basic meters, seems to be in good condition
(o) The electrical ties feeding the selected loads in the mill from the two generators
are as follows:
1. Two 600 amp triple pole, single throw breakers: Generators, Off
2. One 200 amp triple pole, triple throw switch: Duke, Off, Generators
3. One 400 amp triple pole, triple throw switch: Duke, Off, Generators
(p) The D.C. excitation on both generators is manually controlled and the switchboard
has no power factor or Kvar meters
3. As per reference (a) and (b) the following hydraulic turbines, AC generators and site
information exist:
(a) Installed July 7, 1933, Leffel #W1784, vertical 45 F turbine, direct coupled to a
Westinghouse 626 KW generator, operating at 200 rpm
(b) Installed July 7, 1933, Leffel #W1788, vertical 42 Z turbine, direct coupled to a
Westinghouse 1100 KW generator, operating at 180 rpm
Note: At 28 feet of site gross head the 45 F turbine uses 288 CFS of water @ 780
shaft HP, making 580 KW @ 200 rpm
2

At 28 feet of site gross head the 42 Z turbine uses 492 CFS of water @ 1300
shaft HP, making 970 KW @ 180 rpm
4. The following is the performance chart for your two turbines. These figures are related
to the original performance data for your units and represent their respective capabilities
at 28 feet of net operating head:
45 F
42 Z
% LOAD
HP
KW
% EFF
CFS
HP
KW
%EFF
CFS
100
780
.580
85
288
1,300
970
83
492
95
741
552
92
253
1,235
921
91
426
90
702
523
92
240
1,170
872
90
408
80
624
465
91
215
1,040
775
89
367
70
546
407
88
195
910
678
86
332
60
468
350
86
171
780
580
83
295
50
390
290
84
146
650
485
78
261
40
312
232
80
122
520
387
70
233
30
234
174
77
95
390
290
64
191
NOW: Having the above information and knowing the flow of the river and the price
paid by DPCO per KWH; the annual gross revenues from generation can be estimated.
The "plant factor" of breakdowns, dry weather, etc must be factored in. I figured .833.
5. Presently the mill is feed by DPCO, the two aforementioned 600 amp, 3 pole breakers
feeding the same load and tied to the generators can be synchronized (connected to
DPCO) by simply closing the breaker. A small wiring change will make the one 200 amp
and one 400 amp, triple pole switches capable of also connecting the generators to
DPCO. This total change makes a total of 1800 amps from the (4) breakers/switches.
However there is some risk by doing this arrangement, at full output on both generators
1,550 kw, 1,550 amps at unity power factor, the failure of any one of the (4) switches
would immediately cause the remaining (3) to open (too much amperage). The best
method is to tie both generators to DPCO via a new substation to be located as close to
the powerhouse as possible.
6. As per our 10-10 inspection, we all agreed to perform a two to three day inspection and
operation of all the equipment in the facility. After this, some to the contents of this letter
are subject to change.
7. The following is a preliminary estimation of the cost to put the station back into full
production:
3

ITEM
(a) Flush the silt from the Lake, logs & debris
(b) Inspect the dam, once dewatered
(c) Repair the wooden flash boards
(d) Operate the one main Sluice gate and mechanism (repair same)
(e) Operate the three manually operated smaller Sluice gates (repair)
(f) Replace Steel trash racks with stainless steel ones (modify)
(g) New automatic trash rack rake
(h) Repairs to the two metal penstocks
(i) Replace 2 manually operated wooden head gates with steel ones
0) Minor repairs to civil structures for the powerhouse
(k) Minor repairs of the two metal draft tubes
(1) Minor repairs to the two James Leffel turbines
(m)Minor repairs to the two Westinghouse generators (service)
(n) Minor repairs to the two Woodward governors (service)
(o) Minor repairs to the switchgear/add power factor meters
(p) Disconnect the existing electrical mill/generator ties
(q) Connect the two generators to a new DPCO sub station
(r) Install auto voltage/power factor regulators
(s) Computerize the entire station for remote operation
GRAND TOTAL ESTIMATION
COST
$12,000.00
1,250.00
5,000.00
5,500.00
4,500.00
35,000.00
75,000.00
10,000.00
30,000.00
10,000.00
9,000.00
5,000.00
4,800.00
4,800.00
3,000.00
8,000.00
27,000.00
23,000.00
25,000.00
$293,050.00
This is only a "rough" estimation, you have a desire to install an automatic trash rack
rake, install new stainless steel trash racks using steel that you presently own, drain
the lake and clear it of all debris, replace the two turbine head gates and repair the seal
area on the concrete dam, obtain a non jurisdictional classification and parallel with
DPCO and sell your net generation based on the USGS flow data. We will take
another look at this estimation after our 2 or 3-day start-up and operation of the
facility.
8. Last but not least, the estimation from Duke Power Company, Mr. Steve Smith Email
[e-mail] or phone #[phone] for the new substation and
ownership of same and the FERC operational classification as non jurisdictional
requested for your site by Odom Engineering. Thank you for allowing us to be of service.
Sincerely,
Hoke Thomas
cc: Odom Engineering (Maria Hunnicutt)
152 E. Main St.
Forest City, N.C. 28043
Phone #[phone] office
#828-429-8633 cell
Email: [e-mail]
Mr. Breck Bullock
South Yadkin Power Company
6898-A Coltrane Mill Road
Greensboro, N.C. 27406
Phone #[phone] P.H.
#336-328-5313 cell
#336-674-1692 fax
M

November 17, 2004
To: State of N. C. DNR
2090 U.S. Highway 70
Swannanoa N.C. 28778
Phone #[phone]
Email roger. edwardsnncmail.net
Attn: Mr. Roger Edwards
From: Thomas Brothers Hydro, Inc.
P.O. Box 2040
Covington, GA 30015
Phone # [phone]
Fax #[phone]
Cell #404-386-1256
Email hokethomasjrgaol.com
tbhydrogbellsouth.net
Subj: Request to drain the lake to facilitate turbine and head gate repairs at the old
Cone Mills Hydroelectric plant located on the Second Broad River at the highway
120 bridge in Rutherford County, N.C.
Ref: (a) Thomas Brothers letter of October 12, 2004, site information
(b) Our 11-16-phone conversation in reference to subject request
1. With respect to President Bush's National energy policy and the ever increasing need
for a dependable, economical source of energy and the reduction in the importation of
foreign oil and the pollution of our atmosphere by the burning of coal; the new owners of
subject site desire to rehabilitate and place the two existing hydroelectric units back "on
line". As per reference (a) the site will conservatively produce 625 KWH or supply 125
homes at 5 KW per dwelling with clean, low cost energy. Lastly, the production of 625
KW per hour, by the Cone Mills hydroelectric plant, will curtail the annual purchase of
8,760 barrels of crude Middle Eastern oil or the burning of 3,200 tons of coal.
2. Presently, the two head gates feeding each of the two hydraulic turbines have broken
operating cables. These two gates must be repaired in order to service the two turbines.
The cables attach to the two gates about 10 feet below the surface of the lake. In order to
make the needed repairs, we desire to open the sluice gate at the very bottom of the dam
and drain the lake. With respect to preserving downstream ecology and the corresponding
aquatic life we can make a "controlled release" allowing the silt to dissipate downstream
at a constant rate. Once repairs are completed to the two head gates (about 3 to 4 weeks),
the sluice gate will be closed. This is our request to your department.
3. Pursuant to reference (b) we offer an alternate plan. With the wicket gates on each of
the two turbines closed (no water being discharged downstream), have a diver go down

I
and attach new operating cables to the two head gates. Flood the turbine pits equalizing
the hydraulic pressure on both sides of the two head gates and hopefully raise them using
the new cables and existing mechanical raising mechanisms. Lastly, closing the head
gates, dewatering of the two turbines and servicing them will restore the hydroelectric
plant back into service and cause no downstream discharge of silt. Once put back into
service, the turbines will be passing the mean average river flow of 310 cfs at normal
stream velocity. The intake structures for the two head gates have experienced no "silting
in" since being taken off line by Cone Mills an operation of the two turbines will cause
no release of silt downstream. However, our request is to drain the lake using the one,
bottom mounted sluice gate. Please give this your utmost attention.
4. We all respect and willingly obey the laws and regulations pertaining to overall stream
ecology, however we feel that our request for a controlled release is in step with The
President's overall energy policy and hopefully your department, after consideration, will
grant us this permit. Thank you for evaluating our request.
Sincerely,
Hoke Thomas
cc: Mr. Mike Harmon
18951 Peninsula Point Drive
Cornelius, N.C. 28031
Phone #[phone] office
#704-773-0175 cell
Email [e-mail]
Metal Recycling Services, Inc.
1306 Coakley Street
Monroe, N.C. 28110
Phone #[phone] office
#704-238-0755 fax
#704-609-2640 cell
Attn: Mr. Jeremy Rozsak, President
J.W. International
1400 Harding Place
Charlotte, N.C. 28204
Phone #[phone] office
#704-332-7151 fax
Email: jwdellinaerQjwintl-inc.com
Attn: Mr. J. Will Dellinger

0 pi I :) c�
a k7—
III
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i
II

December 29, 2004
To: State of N. C. DNR
2090 U.S. Highway 70
Swannanoa N.C. 28778
Phone #[phone]
Email [e-mail]
Attn: Mr. Roger Edwards
From: Thomas Brothers Hydro, Inc.
P.O. Box 2040
Covington, GA 30015
Phone # [phone]
Fax [phone]
Cell #404-386-1256
Email [e-mail]
tbhydro(cr�,bellsouth.net
Subj: Reply to your letter addressed to Mr. J. William Dellinger, dated 12-23-04,
complaints from citizens
Ref: (a) Thomas Brothers letter of 12-26-04, project completed
(b) Request to drain the lake to facilitate turbine and head gate repairs at the old
Cone Mills Hydroelectric plant located on the Second Broad River at the
Highway 120 bridge in Rutherford County, N.C.
1. I am in receipt of a copy of subject letter. To bring you up to date on the project, the
past operator and myself operated both of the turbines on 12- 19 & 20-04. We only had
one of the two head gates open for each of the two turbines. We only made voltage, no
load and could not have caused any silt/sand to be transmitted downstream. We used only
about 10% of the water required to operate the units at full load. This test condition
existed for no more than one -hour total running time. I have no knowledge of anyone
opening the sluice (drain) gate in the dam. When I inspected the site a few months ago I
found the mechanism to open the sluice gate totally in -operable.
Sincerely,
Hoke Thomas
cc: Mr. Mike Harmon
18951 Peninsula Point Drive
Cornelius, N.C. 28031
Phone #[phone]
Email [e-mail]

November 26, 2004
To: State of N. C. DNR
2090 U.S. Highway 70
Swannanoa N.C. 28778
Phone #[phone]
Email roger. edwardsgncinail.net
Attn: Mr. Roger Edwards
From: Thomas Brothers Hydro, Inc.
P.O. Box 2040
Covington, GA 30015
Phone # [phone]
Fax #[phone]
Cell #404-386-1256
Email [e-mail]
[e-mail]
Subj: Request to drain the lake to facilitate turbine and head gate repairs at the old
Cone Mills Hydroelectric plant located on the Second Broad River at the highway
120 bridge in Rutherford County, N.C.
Ref: (a) Thomas Brothers letter of November 17, 2004, request to drain subject lake
(b) N.C. DNR letter of response dated 11-18-04
1. Thank you for your most informative letter. We will continue to check out, make
needed minor repairs to the equipment, negotiate with Duke Power Company on the tie-
in and not drain the lake using the most lower sluice gate. We will make our repairs using
plan (b) contained in reference letter (a) without the need for a DNR permit.
2. Per reference (b) you stated that any excess amount of "silt" being transferred
downstream during the rehab phase of this project would be considered a violation of
DNR regulations and could result in a $25,000.00 a day penalty. Thus far, I have not
charged the new owners of this project for my limited services. To accomplish my
portion of the need work, I will be on the site for only a few days. Therefore I exclude
myself and my company from any liability and resulting fines associated with this
project. I am sure that the new owners will adhere to your instructions and no violation
will ever exist. My point is this; at all times the new owners are in charge of this project.
3. Again, thank you for your quick response.
Sincerely,
Hoke Thomas

cc: Mr. Mike Harmon
18951 Peninsula Point Drive
Cornelius, N.C. 28031
Phone #[phone] office
#704-773-0175 cell
Email mrhharborgaol.com
Metal Recycling Services, Inc.
1306 Coakley Street
Monroe, N.C. 28110
Phone #[phone] office
#704-238-0755 fax
#704-609-2640 cell
Attn: Mr. Jeremy Rozsak, President
J.W. International
1400 Harding Place
Charlotte, N.C. 28204
Phone #[phone] office
#704-332-7151 fax
Email: [e-mail]
Attn: Mr. J. Will Dellinger
South Yadkin Power Company
6898-A Coltrane Mill Road
Greensboro, N.C. 27406
Phone #[phone] Power House
#336-328-5313 Cel
#336-674-1692 Fax
Attn: Mr. Breck Bullock

December 26, 2004
To: State of N. C. DNR
2090 US. Highway 70
Swannanoa N.C. 28778
Phone #[phone]
Email roger. edwardsnncinail.net
Attn: Mr. Roger Edwards
From: Thomas Brothers Hydro, Inc.
P.O. Box 2040
Covington, GA 30015
Phone # [phone]
Fax #[phone]
Cell #404-386-1256
Email [e-mail]
[e-mail]
Subj : Request to drain the lake to facilitate turbine and head gate repairs at the old
Cone Mills Hydroelectric plant located on the Second Broad River at the highway
120 bridge in Rutherford County, N.C.
Ref: (a) Thomas Brothers letter of 11-17-2004
(b) Thomas Brothers letter of 11-26-2004
1. As per the new owners, subject work has been completed and the need to drain the lake
in no longer a factor. Thank you for your advice and concern in this matter.
Sincerely,
Hoke Thomas
cc: Mr. Mike Harmon
18951 Peninsula Point Drive
Cornelius, N.C. 28031
Phone #[phone] office
#704-773-0175 cell
Email [e-mail]

Metal Recycling Services, Inc.
1306 Coakley Street
Monroe, N.C. 28110
Phone #[phone] office
#704-238-0755 fax
9704-609-2640 cell
Attn: Mr. Jeremy Rozsak, President
J.W. International
1400 Harding Place
Charlotte, N.C. 28204
Phone #[phone] office
#704-332-7151 fax
Email: jwdellingergjwintl-inc.com
Attn: Mr. J. Will Dellinger
2

SELF - CERTIFICATION OF QUALIFYING FACILITY STATUS
FOR AN EXISTING SMALL POWER PRODUCTION
December , 2004
Cliffside Mills, LLC
1400 Harding Place — Suite 205
Charlotte, North Carolina 28204-2924

PART A
Full name of applicant:
Cliffside Mills, LLC
Purpose of self -certification filing:
Cliffside Mills, LLC submits this self -certification in order to qualify this facility to sell
electric power to Duke Energy Company.
Full address of applicant:
1400 Harding Place — Suite 205
Charlotte, North Carolina 28204-2924
Owner of the facility:
Cliffside Mills, LLC owns the property, the plant facilities, and the hydroelectric plant.
Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant:
J. William Dellinger
Person to whom communications regarding the filed information may be addressed:
J. William Dellinger
1400 Harding Place — Suite 205
Charlotte, North Carolina 28204-2924
704-332-7150

Location of facility to be certified:
State of North Carolina
County of Rutherford
Township of Cliffside
US Hwy 221A @ NC State Road 1003
Indicate the electric utilities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electric utilities are expected to
provide:
Cliffside Mills, LLC expects to sell electric power output from the facility to Duke Power
Company.
Describe the principal components of the facility including boilers, prime movers
and electric generators, and explain their operation. Include transmission lines,
transformers and switchyard equipment, if included as part of the facility.
The facility was built in 1933 and has been supplying power to a textile mile since that
date. The facility consists of a concrete dam with wooden flash boards, one main Sluice
gate, three manually operated smaller Sluice gats, steel trash racks, two manually
operated wooden head gates, two James Leffel turbines, two Westinghouse generators,
two Woodward governors, and a 600 volt switchgear. The Leffel #W1784 turbine was
installed on July 7, 1993. It is a vertical 45 F turbine, directly coupled to a Westinghouse
626 KW generator, operating at 200 rpm. The Leffel #W1788 turbine was installed on
July 7, 1933 and is a vertical 42 Z turbine, directly coupled to a Westinghouse 1100 KW
generator, operating at 180 rpm. There are also hydraulic turbines and AC generators.
There are two metal feed chute tubes and two metal penstocks.
Indicate the maximum gross and maximum net electric power production capacity
of the facility at the point(s) of delivery and show the derivation.
The dam has a vertical drop of 28 feet, including 2 feet of flash boards. The site has an
average flow of 350 CFS (with a 7Q10 flow of 60 CFS). There is a potential for 1,193
shaft horsepower, assuming 30 feet gross operating head. Based on an estimated 82%
turbine efficiency, there will be 978 HP or 730 KW per hour available from site.
However, the actually efficiency is anticipated to be about 70% if you consider that the
facility will be offline part of the time. Assuming 70% efficiency, the facility is
expected to produce 500 kw per hour. 500 kw/hour x 365 days = 4,380,000 kw/year

Indicate the actual or expected installation and operation dates of the facility, or the
actual or expected date of completion of the reported modification to the facility.
The facility has been operating since 1933, but has not been tied in to the electric grid. It
is expected to begin contributing to the grid in the first quarter of 2005.
Describe the primary energy input (e.g., hydro, coal, oil, natural gas, solar,
geothermal, wind, waste, biomass, or other). For a waste energy input that does not
fall within one of the categories on the Commission's list of previously approved
wastes, demonstrate that such energy input has little or no current commercial
value and that it exists in the absence of the qualifying facility industry.
The primary energy input will be hydro.
Provide the average annual hourly energy input in terms of Btu for the following
fossil fuel energy inputs, and provide the related percentage of the total average
annual hourly energy input to the facility. For any oil or natural gas fuel, use lower
heating value.
Not applicable.
Discuss any particular characteristic of the facility which the small power producer
believes might bear on its qualifying status.
None other than described above.

PART B: DESCRIPTION OF THE SMALL POWER PRODUCTION FACILITY
Describe how fossil fuel use will not exceed 25 percent of the total annual energy
input limit. Also, describe how the use of fossil fuel will be limited to the following
purposes to conform to Federal Power Act Section 3(17)(3): ignition, start-up,
testing, flame stabilization, control use, and minimal,amounts of fuel required to
alleviate or prevent unanticipated equipment outages and emergencies directly
affecting the public.
The facility is a hydro facility. There will be no use of fossil fuels.
If the facility reported herein is not an eligible solar, wind, waste or geothermal
facilityl, and if any other non -eligible facility located within one mile of the instant
facility is owned by any of the entities (or their affiliates) reported in Part A at item
lc. above and uses the same primary energy input, provide the following
information about the other facility for the purpose of demonstrating that the total
of the power production capacities of these facilities does not exceed 80 MW:
Not applicable. There are not other facilities owned by Cliffside Mills, LLC or any
related entity within one mile of this facility.
Are there any other facilities? No
Facility name, if any (as reported to the Commission): Not applicable.
Commission Docket Number: QF - - Not applicable.
Name of common owner: Not applicable.
Common primary energy source used as energy input: Not applicable.
Power production capacity (MW): Not applicable.
CHLT 106314v.2
'An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17)(E) of the Federal Power
Act, is a small power production facility that produces electric energy solely by the use, as a primary
energy input, of solar, wind, waste or geothermal resources, for which either an application for Commission
certification of qualifying status or a notice of self -certification of qualifying status was submitted to the
Commission not later than December 31, 1994, and for which construction of such facility commences not
later than December 31, 1999, or if not, reasonable diligence is exercised toward the completion of such
facility, taking into, account all factors relevant to construction of the facility.

'o
i
State of North rolina
roDepartmenof nment,
Health and Natural Resources
Asheville Regional Office
James B. Hunt: Jr., Governor
September 22, 1997
CERTIFIED MAIL - P 118 198 454
RETURN RECEIPT REQUESTED
Mr. Hicks Helton
1817 Island Ford Road
Mooresboro, NC 28114
RE: HELTON DAM - RUTHERFORD COUNTY
Dear Mr. Helton:
The North Carolina Dam Safety Law of 1967 provides for the certification and inspection of dams in
the interest of public health, safety, and welfare, in order to reduce the risk of failure of such dams; to prevent
injuries to persons, damage to property; and to ensure the maintenance of stream flows. On August 20, 1997,
the referenced dam was visually inspected by personnel of this office. The inspection was made under jurisdiction
of the Dam Safety Law which requires owners of dams under its jurisdiction to maintain such dams in a safe
operating condition.
The inspection revealed the following maintenance problem: the dam has been breached without prior
approval from the State Dam Safety Engineer. If you will refer"to the certified letter you received on December
12, 1996, you were notified of the requirement to retain the services of an engineer licensed in the State of
North Carolina to develop a plan for breaching the dam. This requirement has not been met. Severe sediment
damage is occurring to Hinton Creek.
In order to ensure the safety of the dam, we request that you retain, by November 5. 1997 the
services of a qualified, registered engineer or engineering firm to prepare and.submit a plan for repairing or
breaching the dam. Plans, specifications, and design calculations bearing the seal of the responsible engineer must
be filed with the Division of Land Resources for approval pursuant to Title 15, Subchapters 2K of the North
Carolina Administrative Code. Failure to comply with this request will result in the issuance of a Dam Safety
Order requiring that the dam be breached or repaired.
If you have any questions regarding this matter, please contact either Dennis Owenby, Charles Koontz
or me at 704/251-6208.
RAP:CTKjr:a
CC: Mr. Jim Leumas, P.E.
Sincerely,
QJ, 40
Richard A. Phillips, P.E.
Regional Engineer
Interchange Building,
59 Woodfin Place,
Achavilla Nlnr+h 'fooni
Ni") C
Voice 704-251-6208 FAX [phone]
An Equal Opportunity Affirmative Action Employer

---� `mot ✓C''� - - -_1�iL

From: "Richard Phillips" <[e-mail]>
Organization: Asheville Region of NC - DEHNR
To: [e-mail],
owe n by@a ro. e h n r. state. n c. u s,
edwa rds@a ro. e h n r.state. n c. us,
[e-mail]
Date sent: Thu, 13 Nov 1997 10:44:29 +1100
Subject: Kelton dam
Copies to: [e-mail],
[e-mail]
Priority: normal
j.c. bumgarner called and said he is working on a breach plan for
the subject dam. should have it finished in a day or two.
Roger Edwards -- 1 -- Thu, 13 Nov 1997 11:32:41

State of North Carolin(
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr.; P.E., Director
WATER QUALITY SECTION
October 20, 1997
Mr. Hicks Helton
1817 Island Ford Road
Mooresboro, North Carolina- 28114
Subject: NOTICE OF VIOLATION
Water Quality Standard
Hinton Creek
Rutherford County
Dear Mr. Helton:
Your actions in constructing a dam on the head water of
Hinton Creek and breaching the dam without a proper plan have
resulted in water quality turbidity violations. The area of
Hinton Creek below your dam has'severe sediment accumulation.
The accumulation of sediment degrades water quality and seriously
limits the propagation of aquatic organisms.
Please notify the Asheville Regional Office of the Division
of Water Quality no later than November 5, 1997 as to what
actions are planned to prevent further violations of water
quality standards in Hintons Creeks.
P.O. Box 29535, NtIC
FAX [phone]
Raleigh, North Carolina 27626-0535 An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/10% post -consumer paper

Mr. Helton
October 20, 1997
Page two
If you have questions regarding this letter do hesitate to
contact Mr. Roger Edwards at 704-251-6208.
Sincerely,
RoQ�Mavis, Regional Supervisor
Division of Water Quality
cc: 'Richard.Phillips, Division of Land Quality
Roger Edwards, Division of Water Quality
HELTON97.10

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LA R- For Lab Use ONLY
COUNTY
(DM1)
PRIORITY SAMPLE TYPE
RIVER BASIN D
REPORT TO: RO RO MRO RRO WaRO WIRO WSRO TS
❑AMBIENT ElQA
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❑EFFLUENT
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❑ COMPLIANCE ❑ CHAIN
❑ LAKE
❑ INFLUENT
Shipped by: Bus Courier taff. Other
OF CUSTODY
❑EMERGENCY
❑ ESTUARY
COLLECTOR(S):� S
Lab Number: a 1.2 �.,'
Date Received: R - 19 - % i Time: Y : 3 0
Rec'd by: S +,- I From: Bus-Cour' r-Hand D I
DATA ENTRY BY: CK• el-, wF
DATE REPORTED Q/� 0/7 Z_
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station # Date Begin (yy/mm/dd) Time Begin Date End Time End De th DM DB DBM Value T P ype Composite Sample T e
- A H L T S B C GNXX
1 BODS 310 mg/I
2
COD High 340 mg/1
3
COD Low 335 mg/I
4
Coliform: MF Fecal 31616 /IOOmI
5
Coliform: MF Total 31504 /loom,
6
Coliform: Tube Fecal 31.615 /loom]
7
Coliform: Fecal Strep 31673 /loom,
8
Residue: Total 500 m9/1
9
Volatile 505 mg/I
10
Fixed 510 mg/I
11
Residue: Suspended 530 mg/I
12
Volatile 535 m9/1
13
Fixed 540 mg/I
14
pH 403 units
5
Acidity to pH 4.5 436 mg/I
-6
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 mgA
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mg/I
20
urbidity 76 NTU
Chloride 940 mg/I
Chi a: Trf 32217 rig/1
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/I
Grease and Oils 556 mg/l
Hardness Total900 mg/I
Specific Cond. 95 2
uMhos/cm
MBAS 38260 mg/1
Phenols 32730 ug/I
Sulfate 945 mg/1
Sulfide 745 mg/I
NH3 as N 610 mgA
TKN as N 625 mgA
NO2 plus NOS as N 630 mg/I
P: Total as P 665 mg/I
PO4 as P 70507 mg/I
P. Dissolved as P 666 mg/I
Cd-Cadmium 1027 ug/I
Cr-Chromium:Total1034 USA
Cu-Copper 1042 ug/I
Ni-Nickel 1067 ugA
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
------------
Ag-Silver.1077 - ug/I
AI -Aluminum 1105 ug/i
Be -Beryllium 1012 ug/I
Ca -Calcium 916 1119/1
Co -Cobalt 1037 ugA
Fe -Iron 1045 ugn
U-Lltatum 1132 ug/I
Mg -Magnesium 927 mg/I
Mn-Manganese 1055 ug/I
Na-Sodium 929 mg/I
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
ater Temperature (a
D.O. mg/1
pH
Alkalinity
pH 8.3 pH 4.5
Acidity
pH 4.5 pH 8.3
Air Temperature (C)
2
94
Salinity %
10
Precipition (in/day)
300 .
Cloud Cover %
400 ..
Wind Direction (Deg)
82244 431
Stream Flow Severity Turbidity Severity
82243 182242
Wind Velocity M/H
20
Stream Width fL
can Stream Depth ft.
480
45
32
36 11351
1350 135
64
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