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Jun. 26. 2007 11:1I-AM ® [ (( 0.141vP.
JUN 2, 6 2007
QUALITY SECTION
E REGIONAL OFFICE .
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PACSIMILE 'TPANSMI'TTAL SHEET
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152 East Main Street
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828-247-4495
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200 4W
= 100 FEET
BUFFALO COVE CONDOS
LAKE LURE, NC
V: CONDO LAYOUTS
SCALE: 1 : 100
DATE: 6-21-2007
PROJECT NUMBER
07061
DRAWN BY: BJB
CHECKED BY: DWO
PROJECT MGR: DWO
SHEET
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Markers
Name: Buffalo Cove Condos
Short Name: BffICv
Coordinates: 0350 27' 41.6" N, 0820 10' 29.5" W

Town of Spindale
P. O. Box 186
103 Reveley Street
Spindale, North Carolina 28160
Phone' [phone]
Fax [phone]
MAYOR
Jack W. Metcalf
March 3, 2004
Mr. Gary Francis
NCDENR
Lab Section
Asheville Division
Dear Mr. Francis:
COMMISSIONERS
Mickey Bland
Bobby Ensley
Steve Ruff
Toby Tomblin
Nancy Walker
A. review of your report on the inspection of our Field Testing Lab reveals three areas we need to
address.
v
1. You stated that our Orion 710 chlorine meter was inadequate to measure to. 28
micrograms which is inaccurate. I checked with the manufactures and they insist the
instrument with the probe we use (Orion 97-70) is capable of measuring to 0.010
milligrams with a reproducibility of +i- 2%. The instrument you recommended
(ampermetric titrater) has no better accuracy than our instrument. Attached is a copy
of the most recent calibration of our instrument. It demonstrates that the accuracy of
our instrument is good to 10 micrograms.
2. I.O. measurements are now -being taken at the site and location recorded.
3. pH — all old buffers have: been discarded and have been replaced with new bottles and
arc labeled with expiration dates.
I hope this corrects all the problems you found with the inspection.
Sincerely,
r
Bill Hodge
Superintendent WWTP
Town of Spindale
Enclosure
M ly lj L,
MAR - 8) 00!
t,1�st rt,RY $G.CiiGPd
ASHEIVILtI R'N,;0 AL ()i-F!t:E

FRI'11;07 AM WATER TECH LABS, INC, FAX NO, 8283965781'
f
TOTAL ,RESIDUAL CHLORINE METER CALIBRATION SHEET
fi
t
i
STANDARD (Pgll )
DATE TIME (TruLv -lue) (ACtual Value)
P, 01
Analyst
The meter is calibrated daily using 10, 50, & 100 of;/L standards.
A 20 ug/L second source standard ;Ls analyzed after aalibration. For this
calibration the 20 ug/L standard 'read 20.2 ug/L which is thin 1.00% of
the true value. Several sets of tAata were reviewed' and the unit is showing
rnnn�r�l,i74f•v Th. ..aahnrnrnry ra"hnir-4A". Mr. LlnLran. I well
• _
trainad and experienced being quiet capable of prod:icing quality
1l
and
accurate data.
Report submitted by,
LaFayette A. Gragg
waTt:R TEcN L Ass, tNc.
GRANITE FALLS; NORTH CAROLINA 2861.1
F
[phone]
• ,
P I lit i`i� il:R i£i t.' din t,'..�.7 •
[Vi(`;1.:!_ Ii i•;I{•}.%I: l'l)il its{ ��

OF W ATF9 Michael F. Easley
�11 QG D Governor
CIO William G. Ross, Jr., Secretary
j North Carolina Department of Environment and Natural Resources
O Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
March 15, 2004
5097
MR. BILL HODGE
SPINDALE WWTP
P.O. BOX 186
SPINDALE, NC 28160
Dear Mr. Hodge:
Your letter, received March 8, 2004, concerning corrective actions taken in response to the items cited in
the February 2, 2004 inspection has been received and reviewed. The actions taken are acceptable with the
following exceptions and comments.
Total Residual Chlorine
From the data you submitted it appears the electrode is working satisfactorily' at the low concentration
required by your new permit. But because of the Division of Water Quality letter stating that only
spectrophotometer and ampermetric titratl6n methods will be accepted for low level chlorine, we are
requesting you analyze a blind performance sample for Ultra Low Level Total Residual Chlorine. If the
results from the Ultra Low Level Performance Evaluation sample are acceptable we will be glad to allow
your facility to use this method. This will also meet your Performance Evaluation Sample requirement for
Total Residual Chlorine for 2004, that is, another sample would not have to be analyzed in 2004 if these
results are acceptable.
Please order a "quick turn around" type performance evaluation sample for ULTRA LOW LEVEL
Total Residual Chlorine and have the results to us within 30 days of receipt of this letter.
Thank you again for your cooperation. Please contact us at 828-251-6208 ext. 285 if you have questions.
Sincerely,
GaA", ►1 ,
Gary Francies
Laboratory Section
cc: James W. Meyer
#RIN
ow
Water Quality Section, 59 Woodfin Place, Asheville, NO 28801-2414• Telephone: [phone] Customer Service
Fax: [phone] 623-7748

STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-1232
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
MAY - 5 2005 DO
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
In the Matter of
Application by Concord Community Water System, ,) ORDER GRANTING
Inc., Post Office Box 26T Bostic, North Carolina ) REQUEST FOR
28018, for Exemption from Regulation Pursuant to ) EXEMPTION FROM
G.S.62-110.5 ) REGULATION
BY THE COMMISSION: On April 26, 2004, Concord Community Water System,
Inc. (Concord or Company), filed an application pursuant to G.S. 62-110.5 for exemption
from regulation under Chapter 62 of the General Statutes of North Carolina. G.S. 62-110.5
provides as follows:
"The Commission may exempt any water or sewer utilities owned by
nonprofit membership or consumer -owned corporations from regulation
under this Chapter, subject to those conditions the Commission deems
appropriate, if:
(1) The members or consumer -owners of the corporation elect the
governing board of the corporation pursuant to the
corporation's articles of incorporation and bylaws; and
(2) The Commission finds that the organization and the quality of
service of the utility are adequate to protect the public interest
to the extent that additional regulation is not required by the
public convenience and necessity." (Emphasis added).
On April 22, 2005, the Public Staff filed a motion recommending that. Concord's
request for exemption be granted.
Based upon the Public Staffs motion and the entire record in this matter, the
Commission makes the following
FINDINGS OF FACT
1. Concord Community Water System, Inc., is a nonprofit membership
corporation. It-provides.water utility service to 483 customers in Rutherford County, North
Carolina, and has never been regulated by the Commission.

2: ,:. , The Public Staff has, reviewed the following aspects of Concord's operations:
a. the physical condition of the utility plant;
b. the Board of Directors, Articles of Incorporation, and Bylaws;
c., the operation of the Company;
d. the quality and efficiency of the,utility operation;
e. the financial viability of the Company;
f. consumer complaints; and
g. the Company's rates, including rate design.
3., The members of Concord elect the governing board, pursuant to its articles of
incorporation and bylaws.
�- - - -- 4. -- - .--Concord's organ ization-and-the_quality of service are adequate to,protect.the
public interest to the extent that additional regulation is not now required by the public
convenience and necessity.
5. The Public Staff plans to monitor all future customer service complaints it
receives and all violation notices issued by the Department of Environment and Natural
Resources related to the provision of water utility service by Concord.
WHEREUPON, the Commission reaches the following
CONCLUSIONS
Being of the opinion that Concord meets the statutory criteria for exemption at this
time, the Commission finds and concludes that the Company's request should be granted
subject to revocation if, after notice and opportunity to be heard, the Commission finds that
circumstances have changed to the extent that the public convenience and necessity
require regulation in. order to protect the public interest. The Commission further concludes
that the Public Staff should be requested to monitor all future customer service complaints
it receives and all violation notices issued by the Department of Environment and Natural
Resources related to the provision of water utility. service by Concord and to notify the
_ —Commission-if, at'anytime,—it-believes that.-the-exemption-granted-to-Concord-should_be
revoked because of changes in the Company's management or the financial and technical
aspects of the Company's operations:
IT IS, THEREFORE, ORDERED as follows:
1. That, pursuant to G.S. 62-110.5, Concord Community Water System, Inc., is
exempt from Commission regulation.
2. That such exemption shall be subject to revocation if, after notice and
opportunity to be heard, the Commission finds that circumstances have changed to the
extent that the public convenience and necessity require regulation' in order to protect the
public interest.
2

. 3. That the Public Staff is requested to monitor all future customer service
complaints it receives and all violation notices issued by the Department of Environment
and Natural. Resources related to the provision of water utility service provided by Concord.
Further, the Public Staff is requested to notify the Commission if, at any time, it believes
that the exemption granted to Concord should be revoked because of changes in the
Company's management or the financial and technical aspects of the Company's
operations.
ISSUED BY ORDER OF THE COMMISSION.
This the day of , 2005.
NORTH CAROLINA UTILITIES COMMISSION
-. 1. - NTNOLW*
rb050305.03 Gail L. Mount, Deputy Clerk
3

NCG510245 - rescission request
Subject: NCG510245 - rescission request
From: Charles Weaver <[e-mail]>
Date: Thu, 28 Apr 2005 11:36:57 -0400
To: Roger Edwards <[e-mail]>
Roger - I'm not sure who's handling Rutherford County [since your promotion], so I'll
hubly ask your help.
This facility has requested rescission, and their letter says that the ARO agrees.
Is this true?
Let me know, at your convenience. Thanks,
CHW
P,54Fz-0 &WIL —b 4 l uZe-:A asOf 5 /41 7
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1 of 1 4/28/2005 2:20 PM

h Odom
&Associates
Rn� veering, Inc.
July 31, 2002
Mr. Max Fowler
NCDENR
Land Quality Section
59 Woodfin Place
Asheville, NC 28801
RE: MOUNTAIN LAUREL ESTATES
Dear Max:
_ AUG - g 2M
Enclosed, please find a copy of an Erosion Control Plan for Mountain Laurel Estates. This letter
serves as a notification of this project for a dam we intend to build. The dam does not qualify for
permitting under the North Carolina Dam Safety Act since it will contain less than 10 acre feet of
water. We expect this dam to be approximately 17' high with approximately 4 acre feet of water.
Additionally, :there is no running stream through this area. There is a storm water channel only.
Please contact me if you have any questions.
Sinc
David W. Odom, P.E.
Cc: Roger Edwards
Steve C p
152 East Main Street 0 Forest City, North Carolina 28043 0 [phone] 0 Fax [phone]

\O�DF W ATF9QG
� r
Q C
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Vess
106 Bechlter Ct.
Rutherfordton, NC 28139
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Chairman
Water Pollution Control System Operators Certification Commission
December 18, 2003
Subject: Failure to Return Certifications
Dear Mr. Vess:
NC� �uu
DEC ($ 2003
Gil
In a letter dated October 3, 2003, which you received on October 16, 2003, you were notified by the
Water Pollution Control System Operator Certification Commission (WPCSOCC) that your certifications
for Grade IV Wastewater #15948, Subsurface # 15454, and Land Application # 17614 were revoked
effective 20 days from receipt of that letter.
You were also instructed that if you do not choose to contest the decision to revoke your certificates, you
are also directed to return your certificates to the WPCSOCC office at 1618 Mail Service Center, Raleigh,
NC27699-1618, within 20 days of that notice.
To date, we have not received information that you contested the decision, nor have we received your
certificates.
To avoid any further penalties that may apply due to your actions causing revocation of your certifications,
including assessment of civil penalties, please submit your certificates immediately upon receipt of this
letter as directed by the W PCSOCC.
If you have questions regarding this notification please call me at 919.733.0026.
Sincerely,
Ted Cashion
Technical Assistance and Certification Unit Supervisor
Cc: Forrest Westall
0A
NC6ENR
Technical Assistance & Certification Unit Internet httpJ/h2o.enr.state.nc.us/tacu
1618 Mail Service Center, Raleigh, NC 27699-1618 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper

JNW penalty assessment
Subject:, UNW penalty assessment
Date: Thu, 11 Dec 2003 07:56:58 -0500
From: Roger Edwards <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: [e-mail]
LV 99-572 total penalty assessed $1591.52 in December 17, 1999.
Remission was requested with no action from DWQ after acceptance letter
for remission was acknowledged. Due to the time lag of follow-up on this
penalty the assessment should be totally remitted.
LV 02-478 total penalty assessed $355.50 in September 30, 2002.
Remission was requested with no. action from DWQ after acceptance letter
for remission was acknowledged. This one is over a year old, if it can
be moved very quickly, then collect, it not, then totally remit.
What is the problem with getting assessed penalties through the system?
Looking from the bottom -up on the chain of command (as in my view on
this matter) it appears that someone is not following procedures, or is
micro managing, or is failing to manage. We have a responsibility to to
conduct business in a timely manner if we require timely responses from
the permittee's.
Thanks,
R. Edwards
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
Roger Edwards <Roger.Edwards(@,,ncinail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
I of 1 12/11/2003 7:58 AM

' Upeti AhU Ud5e5 H55es6eu rllul tU o/ 1/U.3
Date
a Violator Permit # County Assessed
411 Mr, Raymond-mr. Raymond L. Martin 11 11 Rutherford 03/ 00/98
DV 03 -003 Otis, And-otis And Miram Caldwell 04/24/03
DV 00 - 36 Thelma, E-thelma E. Phillips Rutherford 05/25/00
F5-VjF-9]-FO-7-jj Shuttle, Cleaning -shuttle Cleaning McDowell 07/09/99
DV 93 -001 Buckner, Associates-buckner Associates Buncombe 07/01/93
DV 99 - 27 Mr, Mrs-mr & Mrs Amos Jackson IFBuncombe 1 02/18/00
FCO-jffj-PT2-jj Retaw, Corporation-retaw Corporation Buncombe 11 10/21/94
F§-S-]M-F92-]j Kasawa, Hills-kasawa Hills Amoco Macon - 03/16/01
FFV-IFO-[-P7O9-11 Phyllis, Meyers-phyllis Meyers Cely, Henderson 03/27/00
LT 02 - 03 M-b Industries, Inc.-m B Industries 11 NC0000311 Transylvania 10/03/02
LR E]-PEj Higi, Marilyn-marilyn Higi Residence 11 NC0038733 Buncombe 02/04/93
UdLU MU11. IVUVUIIIUCI IU, e-UUJ
Total
Amount Paid
Case Penalty
to date
Case Closed Subbasin
$2,456.68
$16,741.12
$29,231.6TIF
$13,916.55
$4,000.00
$8,265.55
$1,958.50
$6,248.04
$5,383.43
$4,157.50
$355.50
$1,000.0
blo
�.
$1,350.00
$350.00
�✓c
$299.28�,2
$1,600.00
$335.33
n
C�
$1,591.52
$355.50
pjp? .
►�P�2�`jJAr
,s "
$500.00
t'Q6,., Ivy
o�
$1,100.00
ho
oc C
$350.00
:90
5 zat
. Database pull only. Complete information may be found through file search. Cases with date assessed greater
than 7/1/98 may be regional assessments. Some cases are still open forfinal agency decision. Cases labeled "LV" 1
or " LM" are violations of permitted effluent limits and/or monitoring requirements. No violations <20% over the threshold
were assessed a civil penalty. Description of case types can be found on the next page.

11 /'11 1 I IVI lV .)I II V%J
Date
Case Number Violator Permit # County Assessed
jFTV__JM—PT6_jj Cedar Rock Country Club -cedar ock NC0043231 Caldwell 04/23/96
. LV 15_2_]—FT8�1 Blackberry Sewer System-blackb!eE NC0055611 Caldwell 05/17/02
C Pq—PT2--]l S.b. Association, Inc. -highlands Countryll NC0058262 Macon 05/ 55/00
V 02 —690 Trillium Links & Village Llc-trillium Links 11 NC0059200 Jackson 12/17/02
LV M—PT5_11,lackson County Board Of Education-blu 1 NC0066958 Jackson 01/31/02
V E:]—FT-711 Macon County Schools-macon Middle 11 NC0067300 1 Macon 12/10/01
LV M—FT5]1 Macon County Schools-macon Middle NCO06730511 Macon 11/05/01
V 02 —187 Macon County Schools-nantahala Schoo NC0067318 Macon 05/21/02
-L-V 01 — 56 Macon County Schools-cullasaja School NC0067326 Macon
z 11/05/01
LV E]—pT2_11 North View Mobile Home Park -north 11 NC0067342 Buncombe 01/18/99
LV 99 —F1 441 North View Mobile Home Park -north NC0067342 11 Buncombe 04/23/99
/I LV 1102 1-1188 IITa Operatina Corporation -candler Travel 11 NC0085952 II Buncombe 11 05/20/02 1
LV
P00 11Ta Operating Corporation -candler Travel 11 NC0085952 11 Buncombe 11 08/12/02 1
ste facthty D V bxsc 4 ge *it liout'a )(
Total
Case Penalty
$6,954.57 a b
$329.46 nee mLA
$36,418.00 p ;' IL
$1,350.00 1)
$350.60 h `
$70 Fz
$350.00 Anbe'.
An I
$600.00 - C
$350.00
$1,106.22
$1,573.11 r
$1,573.11
$1,323.39 d, 0
$2,776.53 ri
$323.39
$1,848.56 (
$372.04 no
$350.00 n& t
$350.00
$300.00
$355.50 0 -
$355.50 y v
VUIV I lull. IVVV�IIIV1,.1 IV, LVVIJ
Amount Paid
to date Case Closed Subbasin

Upkl lI HfIU UdJCJ JIJJCJJCU 1 IIVI LU .JI II V.J LJ ULI, I LUI 1. 1 M%J V V-i I I ul..i I V,
Date Total Amount Paid
rber Violator Permit # County Assessed Case Penalty to, date Case Closed Subbasin
21Ta Operating Corporation -candler Travel 11 NC0085952 Buncombe 11 10/29/02 1 $350.00 r U
V 01 —378 D&d Catfish Resort Catfish Resort NC0086223 Transylvania 09/25/01 $1,100.00 40
LV 01 — 37 11 D&d Catfish Resort-d&d Catfish Resort 11 NC0086223 Transylvania 11. 10/23/01 I$1,100.00
PC 02 — 12 Finley H. Merry-finley Merry Rental 11 WO0021236 Macon 04/24/03 1 $6,169.28 n Esc
$170,774.24
91

OF W ATRQ Michael F. Easley
�O G Governor
rWilliam G. Ross, Jr., Secretary '
> North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
November 5, 2003
5098
MR. BILL HODGE
175 BALMY LN.
RUTHERFORDTON, NC 28139
Dear Mr. Hodge:
This letter is to acknowledge that we have received your Performance Evaluation results
from ERA Study WP - 102 for Total Residual Chlorine and pH. Congratulations on obtaining
acceptable results. This completes all Performance Evaluation sample analyses required for
your North Carolina certification for 2003.
Contact us at (828)-251-6208 ext. 285 if you have questions or I can be of further
assistance.
Sincerely,
Gary Francies
Laboratory Section
cc: Jame a er
STU
M.
Water Quality Section, 59 Woodfin Place, Asheville, NC 28801-2414 Telephone: [phone] Customer Service
Fax: [phone] 623-7748

LEI
January 2, 2003
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Interchange Building
59 Woodfin Place
Asheville, NC 28801
Attention: Mr. Michael Parker
Reference: Solicitation of Comment
Proposed Water Line Installation
Daniel Morgan Rural Water District
US Highway 221, Rutherford County, North Carolina
S&ME Project No. 1357-02-802
Dear Mr.Parker:
fj - f�l fC
BAN F
2003
The Daniel Morgan Rural Water District is in the process of performing an environmental review
(ER) pursuant to the National Environmental Policy Act for the USDA, Rural Utilities Service
(RUS) in order that it may assess the environmental impacts associated with the installation of
new water line. While the majority of the project will take place in Cherokee County, South
Carolina, a smaller portion is proposed in Rutherford County, North Carolina (See Figure 1,
enclosed).
In order to assist S&ME in determining what type of information or concerns that the Division of
Water Quality (DWQ) recommends be included or addressed in the ER document, we are
providing this brief description of the proposed project. The portion of the proposed project
taking place in North Carolina will involve water line installation within approximately 1.5-mile
of right -of -Way along U.S. Highway 221. The project will begin at an existing water line on the
south side of the Broad River in Rutherford County, North Carolina.
S&ME, Inc. I Mailing address: [phone]
9751 Southern Pine Blvd. P.O. Box 7668 [phone] fax
Charlotte, North Carolina 28273 Charlotte, North Carolina 28241-7668 www.smeinc.com

Solicitation of Comment S&ME Project No. 1354-02-802
Daniel Morgan Rural Water District. January 2, 2003
Enclosed as Figure 2 is the appropriate portion of the Chesnee. NC -SC USGS topographic map
that depicts the location of the proposed project. The water line installation will take place
entirely within the highway right-of-way. The area is largely rural in nature, and the existing
vegetation is consistent with that found in such areas. We are soliciting, and will include in our
report, comment from concerned regulatory agencies. The Daniel Morgan Rural Water District
requests that your office provide us with any specific concerns the project may pose, items which
should be considered in our document, or any information that will assist in preparation'of the
ER. We will include a copy of you written response in the ER document, and ensure that all of
your concerns expressed therein are adequately addressed.
The appropriate South Carolina agencies have been similarly contacted to address portions of the
project located in South Carolina. We would appreciate a response within 30 days..If you need
any further information or wish to discuss the project, please contact Joey Lawler or M. Todd
Ball with S&ME, Inc. at 704.523.4726.
Sincerely,
S&ME, Inc.
�,� AA._fimb
Q(�
1. Todd Ba
N"`atural Resources Department Manager
JOL/MTB/jol
Attachments

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Daniel Morgan Rural Water District
Checked by: MTB US Highway 221
Drawn by: JoL North Carolina 1
Date: 12.20.02 - ENGINEERING • TESTING Job
No.: 1357-02-802
ENVIRONMENTAL SERVICES

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Daniel Morgan Rural Water District Z
Drawn by: JoL North Carolina
Date: 12.20.02 *.ENGINEERING
IRSERVICES Job No.: 1357-02-802 .

�Vr
Annual Performance Report
I. General Information
• Facility: East Carolina Council (B.S.A.) South Bonner �m
• Responsible Entity: Nelson Medford (Ranger -Camp Bonnei SO th) o
• O.R.C./Contact: Wayne Black (252-935-5533) s o
• Applicable Permits: WQ0011655
• Description of Collection System/ Treatment Works:
System consists of force main sewage collection with three septic tanks and 7, 00-1'
of piping. The effluent of this system empties into a 1.2 million gallon waste treatment /
storage lagoon. Discharge of treated wastewater is accomplished utilizing an 18,000-gallon
per day spray irrigation system with hypochlorite disinfection applying to 6.97 acres of land
with -no discharge to surface waters.
II. Performance
• System Performance: 1/1/2001— 1/13/2002
The lagoon freeboard as of 1 /13/2002 was at approximately 4.0 feet. Hydraulic loadings were
1.13, 1.22, 1.19, 1.19, and 1.14 inches per acre versus a limit of 10.8 inches per acre on each
field. There were no violations of permit conditions or other environmental regulations
associated with system operation. An ATC was obtained for installation of influent flow
meter on 08/02/01 and was installed on 01 /10/02.
III. Notification
• This report will be made available to the public through a posting of this information
located at a visible site on the camp grounds.
IV. Certification
• I certify under penalty of law that this report is complete and accurate to the best of
my knowledge. I further certify that this report has been made available to the users
of the named system -and that those users have been notified of its availability.
Wayne ac to
System O.R.C.
East Carolina Council (B.S.A.)
South Bonner
FEB - G 2002 '�ECE/ VD
NATER �UAU i d SECTION �C C�
r�SHEViLL REGiaNAL O„F, FIC� 12002
nUALITy SFrrrr,.,

F W f�TF
Michael F. Easley, Governor
�� 7Q
G
William-G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`Q
rAlan
W. Klimek, P. E. Director
>_
Division of Water Quality
Q
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
August 20, 2003
Ms. Karren Shultz
3518 Commonwealth Avenue
Charlotte, North Carolina 28205
Subject: Pre -construction Notification Form
Property in Rutherford County
Dear Ms. Shultz:
Per our telephone conversation on Monday, August 18, 2003 1 am enclosing the
above subject forms. This application will need to be completed in accordance with the
instructions on the two pages. The application is for coverage of installation of culverts
or impacts to wetlands on your property.
In our conversation you mentioned construction of a pond. The size of the pond
will determine the agencies that will be involved. The Division of Water Quality is
concerned with the footprint of the dam due to the impact of the segment of stream
filled by the dam. If the dam is higher than fifteen feet Division of Land Quality -Dam
Safety must approve plans and specification for the construction and an annual
inspection will be required. The Army Corp of Engineers is concerned with the segment
of stream impacted by the full pool of the pond.
A site visit will be made after a completed application is submitted and reviewed.
If you have any questions prior to submission of the application please, feel free to
contact me at 828-251-6208.
Sincerely,
Roger C. Edwards
Wastewater Consultant
CC: Kevin Barnett, ARO
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
NCO tom
Customer Service
1-877-623-6748

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Division of Water Quality
W1110
NCDENR
.NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
WATER QUALITY SECTION
Mr. Joey Lawler, Project Manager
S & M E, Inc.
Post Office Box 7668
Charlotte, North Carolina 28241-7668
Dear Mr. Lawler:
January 23, 2003
Subject: Proposed Water Line Installation
Daniel Morgan Rural Waster District
US Highway 221
Rutherford. County
In regard to your inquire of North Carolina Division of Water Quality regulatory concerns.of
the,above subject project. I am attaching requirements for fill material being discharged in waters
and wetlands areas when related to utility line installation. As long as good engineering practices
are followed there are no other requirements.
If you or your staff have questions please, feel free to contact me at 828-251-6208.
Sincerely,
7-71
"J'4"'
�O`geC. Edwards z
Wastewater Consultant
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 21, 2003
5098
MR. BILL HODGE
175 BALMY LN.. -
RUTHERFORDTON, NC 28139
Dear Mr. Hodge:
Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
The North Carolina Wastewater/Groundwater. Laboratory Certification program has not received any
Performance Evaluation sample results from you for your North Carolina certification by the December 31, 2002
deadline. To maintain certification for each parameter, a certified laboratory must analyze an acceptable blind
(unknown) performance evaluation sample per parameter per year. The 2002 calendar year Proficiency Testing .
(PT) schedule for NC Laboratory Certification ended on December 31, 2002. If your laboratory has already
conducted a blind study for these analyses in. 2002, please supply this office with a copy of the results
immediately. Results were required for Total Residual Chlorine and pH. Since no results were supplied these are
considered first unacceptable Total Residual Chlorine and pH results for your required 2002 performance
evaluation foryour North Carolina Certification. Another blind performance sample will have to be analyzed for
Chlorine and pH and reported to- us by March 1, 2003. You may want to consider performing a Quick Response
sample• in order to meet the deadline. Failure to obtain an acceptable result on this sample may result in a
parameter decertification.
If you have any questions or we may be of assistance please'do not hesitate to contact us at (828) 251- 6208
extension 285.
Sincerely,
Gary Francies
Laboratory Section
CC: James Meter
wAsheutlle'� , eaional Office

NCDENR
North Carolina Department of Environment and Natural Resources
1.lichaeI F. Easley, Gotrernor
October 19, 2001
Mr. Robert Morgan
Deloitte and Touche
2500 One PPG Place
Pittsburgh, Pennsylvania 15222
Subject: North Carolina
Tax Certification
Dear Mr. Morgan:
William G. Ross, Jr., Secretiry
Gregory J. Thorpe, Ph.D.
ctniR Dn-ector
Division of water Quality
Enclosed are example tax certification documents requested in our phone conservation of October 17,
2001. Please send the name, address, and an equipment list with rational for inclusion for tax certification to the
letter head address.
If you have any questions, you may contact me at 828-251-6208.
Sincerely,
Roger C. Edwards
Wastewater Consultant
Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled\110% Post Consumer Paper

J
TOWN OF'LAKE LURE
Office of the Town Manager
Incorporated 1927
February 6, 2012
Chuck Cranford, Supervisor
Surface Water Protection Section
Asheville Regional Office
NCDENR — Division of Water Quality
2090 US Hwy 70
Swannanoa, NC 27107
Dear Mr. Cranford:
First, let me thank you for your division's continued support and understanding of the very unique sewer
utility environment in the Town of Lake Lure. Secondly, please accept my apologies for the time it has
taken to compile this report, corrective,, action plan and Consent Agreement proposal as recommended by
DWQ staff. While I committed to being able to deliver this back,in September of 2011, a number of needs
conspired to get in my way. This is nobody's fault by own and is certainly not an indication of a lack of
urgency and priority of the Consent Agreement.
We recently had a contentious local election that raised.a divisive issue to the top of the stack... where it has
burned brightly for the last several months. W0 have been -engaged in lawsuits, appeals, settlement
negotiations and ordinance amendments. The topic is Ilse town's regulatoryprogram for short-term
vacation rental homes ... within which the environmental.safety of `septic and sewer systems is a significant
component.
With the tourist season behind us and the winter permit' standards in place, we have operated the plant in
compliance since -October. Having recently received the Notices of Violation from your division for permit
violations from May through October, I'd like to address these within this Consent Agreement... and submit
this as our written response to them.
Submitted for your review is a proposed Consent Agreement, under which the Town will implement an
Action Plan to achieve plant compliance. We have outlined several strategies that the Town will employ
(and a timeline for them) in order to achieve compliance at the plant. If the plan is agreeable to DWQ, then
we ask for your continued partnership and technical support as we analyze the operations at the plant.
Additionally, we request an abatement or remission of any current or future fines (during the Consent
Agreement period), which will enable us to direct our very constrained resources toward the improvement
strategies outlined.
Thank you, and I look forwa to continued discussion regarding our proposal.
Chris Braund
Town Manager
Cc: Bob Guerra, DWQ
Jeff Poupart, DWQ
Brown Consultants, PA

LAKE LURE WASTEWATER TREATMENT PLANT
Corrective Action Plan for NPDES Permit Compliance
Proposed as a Component of a Consent Agreement with NCDENR-DWQ
Plan Sections
I.
Plant Operations
II.
Operational Challenges
III.
Compliance History
IV.
Corrective Measures Employed
VI.
Proposed Consent Agreement
Attachments:
No. 1 NPDES Permit
No. 2 Non -Compliance History Chart
No. 3 W WTP Flow Graphs
No. 4 Tracer Test in Settling Tank
No. 5 2010 Lake Lure Comprehensive Sewer.Study 2010 (excerpt)
No. 6 Lake Lure Sewer Operations Budget
No. 7 Corrective Action Timeline Under Consent Agreement
I. Plant Operations
The Town of Lake Lure owns and contract operates a..995 mgd waste water treatment facility.
The State of North Carolina Issued a NPDES Permit effective'August 1, 2009. Since the
issuance of the permit, the town has been steadily"working.towards meeting the permit conditions
of the plant including, but not limited to', reducing Ehe inflow to the plant, reduction of TSS,
Ammonia, and overall record keeping and plant.operations. Due to concerns with heavy flows,
the condition of plant components and compliance'. issues, the town operated the plant under a
Special Order by Consent (SOC) agreement with DWQ from October of 2007 until February of
2009, during which time a number of plant upgrades were installed. [Note: while this investment
enhanced some components, it did not add capacity or detention time to the system.]
Please find Attachment No. 1 - NPD& Permit
Since January of 2010, the Town has contracted with James & James Environmental to operate
the treatment plant. Upon retirement of the Town'§ employee operator at the end of 2009, we
received and evaluated proposals from the following vendors:
• James & James Environmental
• Byers Environmental
• Don Price
• United Water
C

The sections following outline the issues, actions taken to date, and action plan the Town intends
to proceed with under a Consent Agreement aimed,ati.achieving full compliance with the NPDES
permit.
IL Operational Challenges
The following are persistent challenges with Lake Lure's sewer treatment plant. Taken together,
they challenge an operator's ability to meet all of the discharge parameters as expanded in our
2009 permit. Working with our operator, consulting engineers and external vendors, we have
worked diligently to optimize the operation of the plant in order to achieve compliance.
Additionally, we have innovated and experimented when regular operations proved insufficient.
Section V of this report identifies a further course of action to be taken to overcome these issues.
Inefficient/ Undersized Plant Design and Equipment: In 2010, the Town of Lake Lure
commissioned Brown Consultants, PA to provide a Comprehensive Sewer Study, which
included the Town's collection system and the waste, water treatment plant. One of the
principal conclusions of the study was that key components of the plant are undersized
and inefficient at the permitted flow. Even at significantly reduced flow, we are not
seeing improvements. For several steps in the process, there is simply too little detention
time, a function of the size and/or configuration of the equipment (e.g., secondary
clarifier, chlorine contact chamber.) By comparison, the Town of Rutherfordton process
about the same flow volume as we have now (after our successful UI reduction), yet their
clarifiers and contact chamber are orders ;'ofmagnitude 5 or 1 OX our size. Their plant is
rated to .handle more volume, but currently our flow levels are comparable.
Our plant is situated on a small;plot of land between the Rocky Broad river and Highway
64/74A: I It has only a small amount;of space.for expansion. The Comprehensive Sewer
Study analyzed options for component expansion in this space as well as the potential for
relocating the plant (not very viable.)
Option VI in the sewer study (see attachment.No. 5) outlines 15 construction items and a
budget of $1,500,000 to $2,000,000. Items include a new flash mixer basin, flocculator
basin, clarifier, chlorine contact chamber.
2. Iron: Iron oxidation of the plant components and the effluent have long been a challenge
at Lake Lure's plant. Iron is present in the influent because it is naturally-occuring in our
water supply and, undoubtedly, the aged dast`iron collection lines contribute as well.
Influent iron values are being collected and it, can be seen that the iron values are not
excessive. However, due to the physical/chemical -treatment process, the iron that is in
solution readily oxidizes and comes out of solution but stays in suspension. The Town
and its operator have operated the plant to try and maintain a balance of disinfection
without oxidation of the iron. The oxidation of the iron at the end of the plant results in
discharging a color stream to the river and higher TSS numbers. This has proven to be a
challenge, specifically in.combating the high fecal numbers of July and August 2011..
3. Low water temperature: Because most tithe collection system sits below 50 to 100 feet
of lake water (beneath the thermocline,)'kis'subject to year-round cooling. The influent
3

temperate ranges from 11 to 15 degrees Celsius. We have found that this adds challenge
to treatment processes, particularly biological strategies.
4. Heavy Flow: For many years, the town struggled with increasing UI from the lake.
Under pressure, water seeped into the decaying joints of the original 1920's cast iron
pipes laid along creek beds during the construction of the lake. Flows at the plant
climbed to point where they occasionally exceeded 1 mgd (above the plant's permitted
rating) and averaged nearly .8 mgd annually;1`We estimated that 70-80% of that flow was
I/I from the lake. The town operated, ihe, p,lanf under "a 'Special Order by Consent (SOC)
from October of 2007 until February,of,2d09'.,..in part'to`address the flows that were so
close to the permit threshold. The operational impact of these flows was that waste
material was heavily diluted to the point where the plant needed to operate as a,physical-
chemical process, more akin to a water treatment plant. Under this dilution, a biological
process isn't effective as there aren't enough nutrients to support bacterial colonies.
We've been told that we may be the only municipal physical -chemical treatment plant in
the state. We're certainly one of the only places in the nation that has a collection system
of this size at the bottom of a 100-foot deep lake.
Reduced Flow, Septic Flows: With the aid of an ARRA grant, the Town of Lake Lure
conducted a comprehensive joint -wrapping; program at the bottom of the lake. Over a
two-year period from October 2009 to October 2011, divers wrapped the joints of the
main sewer trunk under the lake and a number of laterals connecting to manholes.
Additionally, we effected repairs to land -based sewer lines and to private collection
systems around the lake. The effective flow reduction was a stunning amount... about .5
mgd. Our average flow is now between .3 and .4 mgd. While the reduction in inflow is a
positive for the system, it changes the dynamics of the plant and how it operates. While
the amount of ammonia, TSS, and BOD remains the same in the influent, the
concentration increases.
With the reduction in overall flow, we began..experiencing periodic surges of deeply
black, septic, trash -filled flow at the plant:,' These flows ;further challenge our plant's
ability to reduce the concentration of ammonia to within discharge limits. After many
investigations and dead -ends, we concluded that these were a byproduct of low flow and
the uneven grade of the collection system pipes at the bottom of the lake. We have
diagnosed that, during low flows, several aKeas of the system have dips that collect and
stagnate the sewage, which then get released during high -flow periods (like rainstorms or
the first significant summer weekends.) We've been able to instigate these septic flows
through a flush of water through a portion of the system and we've now incorporated
periodic flushing into our collection system maintenance process.
See Attachment 3: WWTP Flow Graphs
6. Sludge Management As a physical -chemical treatment plant, significant volumes of
chemicals are added as a flocking agent and must be removed as accumulated sludge.
Given the small size of the plant, managing this sludge is a considerable challenge.
• Area land -application vendors have been unable to meet the year-round sludge
removal requirements of the plant.
• Sludge hauling costs are high, as it requires transport out of the Hickory Nut
Gorge to a facility like MSD in Buncombe County

7. Resource Constraints As a small town Witli an. aged and undersized treatment plant and a ,
uniquely challenging collection system, Lake Lure has been highly constrained in our
ability to invest adequate resources in,thissystem.
• The town's water and sewer utilities together operate in an enterprise fund. As a
standalone, business -type enterprise, the expenses of these operations are
expected to be covered fully by fee revenues. The local government commission
has repeatedly admonished the Town against using general tax revenues to meet
the operating or capital needs of the sewer utility.
• With a small customer base (around 1,000 sewer connections,) our fee revenues
do not cover much beyond basic operations costs. We have been regularly
raising rates that are among the highest in the state.
• Our operational budget for the sewer system (treatment plant and collection
.system) in FY 2011/2012 is $265,000.' .Our capital improvement budget for the
sewer system is about $50,000.
• We utilized debt to finance the underwater joint wrapping project. The town's
portion of the project cost will be $1.3 million, or about $55,000 per year for 20
years.
• Around $1 million was invested in plant upgrades prior to and during the SOC
period. To pay for this, we emptied the water/sewer fund balance and borrowed
from the General Fund. Although we've not been able to repay this amount, a
lawsuit settlement has allowed us; to increase our water/sewer fund balance to
,about $200,000. This provides ussomeiprotection against revenue risks and
.emergency needs, but not, much to., enhanee capital improvement budgets.
III. Compliance History
Since the issuance of the NDPES Permit, the plant has had continual operational challenges with
meeting the permit limits on ammonia, TSS, and, occasionally, fecal coliform. The following
are compliance issues:
1..Ammonia: Since April 1, 2011 the average effluent NH3 has been 9.33 mg/l. The influent
ammonia averaged 8.66 over the same period."Since the permit was issued, the ammonia
limit has only been compliant in September 2009 and October 2009. Note: there are no
ammonia limits in place during the months of November through March.
2. TSS: Since the issuance of the permit the plant has not met the TSS limit of 30 mg/l
monthly average numerous times (primarily in the peak season summer months.)
3. Fecal Coliform: Since the issuance of the permit, fecal coliform been non -compliant on 3
occasions: September 2010, July and August 2011. The situation in July and August was
as a result of operational changes and pilot tasting of new treatment methods (as described
in the previous section.) Well-intentioned'efforts.to effect positive changes were
accompanied by unintended consequences_arid it took. us two months to regain equilibrium.
Please find Attachment No. 2 - Town of Lake Lure : DWQ N.O. V. & Fines History
5

IV. Corrective Measures Employed
The following is brief discussion on the non-compliance items and actions taken to date:
1. Overall Overations: The switch to a contract operator in 2010 resulted in a number of
immediate and lasting improvements at the plant:
• Increased daily attention on plant).bperations (the former ORC was also
responsible for the dam; hydroelectric operations and sewer collection system)
• Improved housekeeping and maintenance; repairs of a number of components
• Consolidation of chemical sto'fage ' ':+
• Elimination of chlorine gas from,thei,faeility
• Improved daily field testing, recordkeeping for analysis (BOD, TSS, NH3, iron,
alkalinity, MLVSS, dissolved oxygen, pH, flow and feed rates)
• Jar testing and process control analysis
• 24-hour circular flow chart recorder installed
Z. Ammonia: The ammonia limit during the April thru October months has continually been
a challenge. As the plant is being run as a physical chemical plant, there are only a few
options available to reduce ammonia -nitrogen. Following the December 2010 strategy
meeting with DWQ, the following actions have been taken:
TMD Technologies implemented a pilot in -stream Biological Reactor to reduce
BOD, TSS, and Ammonia using media inoculated with a customized strain of
bacteria. The pilot reactor was placed on-line March 9, 2011 and ran to July 4,
2011. The findings of the pilot were that the water proved to be too cold for the
microbes to become effective. During this period, the operator was instructed to
minimize the pumping of sludge, from the settling basin in order to provide the
bacteria sufficient time to work..,
TMD Technologies then converted,their pilot to a side -stream stacked tower with
a blower to warm the water. Again the objective was to evaluate the effects of
this bacterial treatment to reduce BOD, TSS, and Ammonia. The pilot was
placed on line July 14th. However, operational problems with the reactors
internal recycle resulted in heavy flashing of the media. Upon conversion to a
side -stream pilot, the operator was to return to an aggressive sludge pumping
schedule. However, a miscommunication between TSS, the town's engineers
and our plant operator resulted in a continuation of the original instruction to
minimize wasting. The accumulated sludge in the basin, coupled with concerns
with over -feeding chlorine (see iron issue in previous section), brought the plant
out of compliance for fecal in July and August. At the time, the settling basin
averaged 5-6 feet in depth of accumulated sludge with the following impacts:
6

- Settling basin settling' capacity was reduced as velocity across the basin
increased
Increased TSS
Septic sludge producing ammonia in the plant
Once the error was diagnosed, the operator began to remove the sludge, but it
took nearly two months to return to equilibrium due to limitations in our
digester size and pumping rate.
Additional actions to combat ammonia:
• Remove the accumulated sludge in the settling basin, as it was producing NH3.
• Provide an internal recycle from the clarifier to the head of the plant. This did not
work as the sludge was septic and did nothing more than continue to foul the
plant operation.
• Detailed logging of daily operations for process control and study (flow and feed
rates, parameter testing)
3. TSS: To date the following has been'done to attempt to reduce the TSS:
• TMD Technologies in -stream and side -stream pilots
• Dripping sodium aluminate in the clarifier to attempt to increase settling
efficiency
• Caustic feed to provide pH control at the head of the plant to improve
coagulation
• Remove the accumulated sludge in the settling basin
• Internal Recycle from clarifier to head of plant
• Detailed logging of daily operations :for process control and study (flow and feed
rates, parameter testing).
• Conducted tracer test in settling basin and throughout the plant process
4. Fecal Coliform: Since the issuance of the;permit in 2009, fecal has been non -compliant
on three occasions. The actions that been to taken to date to address this are as follows:
• Relocate dechlorination agent further downstream to achieve greater chlorine
contact time
• Raised the feed rate of chlorine and calcium thiosolufate as required
• Implement plan to continually monitor chlorine residuals in the contact chamber
7

5
Other plant operations and treatment options considered:
Operation
Action
Chlorine feed at head of plant process
Not attempted — the TMD pilot was a
biological process
Addition of lime
Attempted previously in August of 2010 with
no positive results
Addition of air for NH3 removal
Not attempted due to concerns regarding the
oxidation of iron.
Downstream flow measurement
A staff gauge has been installed and daily flow
rates are • being monitored. At all times, the
°flow has lexceeded the 7Q 10 level referenced in
our -permit. '
0

V. Proposed Consent Agreement
We propose that the Town of Lake Lure and DENR-DWQ shall enter a Consent Agreement that
will address the actions being to achieve plant compliance.
Under this agreement, the Town will implement 5 strategies (detailed below) over the course of a
year. These strategies will either bring the plant into full compliance or will yield a detailed
analysis and consensus recommendations of further actions needed to achieve compliance.
Under this agreement, DENR-DWQ will work closely with the Town's team (officials, operators
& engineers) to assess results and analysis and to determine possible solutions. Additionally,
VWQ will hold in remission any current or pending fines. Upon the completion of the work
during the Consent Agreement period, DWQ will work with the Town to evaluate next steps that
could include:
• Determination of the status of outstanding fines
• Further operational changes to the plant
• Plant upgrade/construction plans
• Discharge permit modifications
Duration: the Consent Agreement shall be in effect for one year from the date of signing.
Strategy 1. Physical -Chemical Plant- Empirical Analysis and Operational Adjustments:
A. Operational Management
James & James will be released from their contract with the Town. While the plant has
vastly improved under their management and despite their exceedingly conscientious
work and high integrity, they have nonetheless been unable to achieve compliance with
our plant.
The town will enter into a contract with Byers Environmental, the runner-up proposal
from the 2009 bidding. Mr. Don Byers has been working closely with our plant and our
collection system since 2008 as an associate with Brown Consultants, the town's
consulting engineers at the plant. With his knowledge of our plant and its unique
challenges, he is confident that compliance can be achieved and/or we will have a
prescriptive remedy at the end of the Coriserit Agreement period. As Mr. Byers has
recently concluded his work as the lead -project manager on our ARRA pipe wrapping
project, he is now available to dedicate his efforts to the treatment plant.
Mr. Byers will serve as ORC on a tempor0y (1.�0-day)license and will pursue obtaining
the necessary physical/chemical plant. certifications (I and I1) during this timeframe.
3. The town will contract with Brown Consultants, PA to coordinate with Mr. Byers in
developing a strategic analysis plan for each component of the plant for better utilization
and improved treatment. This will be an added operational cost for the Town.
9

.! .I. 'r I
B. Operations Analysis
During the period of the Consent Agreement, Brown Consultants, PA, will perform the
following:
1. Analysis on TSS levels through improyed.coagulation and settling. Analysis will include
feed points, feed and loading rates. The analysis will include findings and
recommendations for improvements.
2. Analysis on Nitrogen -Ammonia removal. The analysis will include breakpoint
chlorination, feed points and loading rates. The analysis will include findings and
recommendations for improvements.
3. Analysis on improved disinfection and contact time at the plant, to include feed points,
developing a plant flow to loading table development. The analysis will include
findings and recommendations for improvements.
3. Findings and analysis will be reported,and,delivered in a Quarterly Report produced for
the Town of Lake Lure and ARO-DWQ.
4. Specific operational changes that will be performed and analyzed:
- Relocating chlorine feed point to the head of the plant, to achieve immediate
disinfection, flash out the iron and measure accurately the free chlorine, to attempt to
achieve break point chlorination and provide ammonia reduction.
- The settling basin will be used to reduce and settle the oxidized iron.
- pH adjustment will be made to stabilize, -pH between 7.4 and 7.6 prior to the addition
of coagulant
- The alum feed will be relocated to the, end of the settling basin; the clarifier will be
utilized for settling
- Alternative coagulants will be tested
- The sludge blanket in the settling basin will be kept under 6 inches in depth
- Relocating the dechlorination to the oxidation manhole for maximum contact time
- Changes to solids handling (outlined in Strategy 2)
Strategy 2. Improved Sludge Management Plan:
A. Course of Action:
1. Continue to waste, decant,�pump andihaul while proceeding with developing a Sludge
Management Plan
2. Run tests of sludge dewatering capabilities; to include
a. Tencate (geotube): this entails an on -site pilot unit and testing for effectiveness
b. Charter (filter press): this entails sludge samples sent to manufacturer for testing
3. Evaluate and compare cost and efficiency of:
a. geotube
16

b. filter press
C. land application
d. centrifuge
C. composting
B. Timeline
Please refer to the attached graph (Attachment No. 7.) Month one (1) represents the start time
upon signing of the Consent Agreement.
1. Item one (1) above is current and on -going as sludge handling alternatives are evaluated.
2. Item two (2) above will start upon approval of the Consent Agreement and should be
completed within 3 to 4 months of the start time. Continued pursuit of either geotubes
or filter press above will be based upon outcome of initial pilot testing and costing
analysis.
3. In iterri three (3) above, items a and b will run concurrently; items c, d, a will run
concurrently and will primarily include a feasibility and cost analysis.
4. Finding and analysis will be reported and:delivered in a Quarterly Report produced for
the Town of Lake Lure and ARO-DWQ.
Strategy 3. Seek Funding Assistance for Side Stream Biological Pilot Study
In prior conversations between the Town, Brown Consultants and DWQ-ARO, there was
consensus that aside -stream biological pilot could yield valuable information regarding the
viability of biological treatment now that the flows have been reduced. However, we will need
grant assistance for this study. While the other operational strategies are underway, we will
pursue funding from several sources, including the.NC Rural Center Capacity Building Grant
through the NC Clean Water Partners Program,
The status of this activity will be reported and delivered in the Quarterly Report produced for the
Town of Lake Lure and ARO-DWQ.
Strategy 4. Determine Capital Improvement Capacity.'
The Town will work with Brown Consultants to evaliiate;the near -term feasibility of Option VI in
the 2010 Comprehensive Sewer Study —a $1.$-$2,000,00b upgrade of the existing plant facility.
We will examine debt financing options, revenue projections and rate structures. We will also
explore grant sources including, but not limited to:
- CDBG — infrastructure, rolling application with the NC Dept. of Commerce
- CWMTF — application for design and construction funding
- NCDENR-DWQ-CG&L - CWSRF

,. is 1 T• _ •-
The status of this activity will be reported and delivered in the Quarterly Report produced for the
Town of Lake Lure and ARO-DWQ.
Strategy 5. Pursuit of Interconnect Funding Solution:
During the Consent Agreement, the Town of Lake Lure will continue efforts to find support for a
regional interconnect solution. Preliminary engineering estimates this to be an $8 to $10 million
project. Despite lots of support for this solution, the main challenge has been in locating a lead
entity that is capable of financing this amount and is interested in operating a regional sewer
system.
1. Lake Lure, Rutherfordton and other potential partners will fund the construction of a
utility financial model that estimates the cash flows associated with building the
interconnect and bringing on flow and fee revenues from towns in a phased manner
(beginning with Lake Lure.) This model will be used to demonstrate the financial
feasibility for a regional sewer authority.
2. We will continue to encourage the Broad'iliver Water Authority board to explore the
expansion of their operations to include regional, sewer services. This provides them
diversification and growth capability::,
3. Continue to seek grant opportunities at the county, state and federal levels. This is a
particularly attractive project because of its regionalization, elimination of discharge
sources and economic development.
4. Continue to seek support for this project from elected officials at all levels.
5. Report status in the Quarterly Report produced for the Town of Lake Lure and ARO-
DWQ.
Sewer Overations Budget & Timeline
Under the Consent Agreement, the Town will increase the monthly operating budget for the
sewer treatment plant by $3,500 to accommodate an increased level of analysis.
The added costs are in these areas:
- W WTP Operator
- Plant & Process Engineering: analys'js,&, quarterly, reporting (to Town and DWQ)
- Sludge Management: testing, evaluation, planning
Further, there could be additional costs of equ p- m' qnt rental related to the sludge management
testing. -
For the remainder of FY 2012, we will need to utilize funds budgeted for capital improvements to
cover the additional costs and the council will need to appropriate $15,000 more for the
remaining fiscal year. We will prepare a new budget for FY 2013 that accommodates the
Consent Agreement activities.
12:

1. i A r
See Attachment No. 6: Lake Lure Sewer Operations Budget
See Attachment No. 7: Corrective Action Timeline Under Consent Agreement
13

e4:
NORT)t-I';CARO.LINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RUTHERFORD COUNTY
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NCO025381
HELD BY TOWN OF LAKE LURE
COMPLIANCE AGREEMENT
CA-2011-XXX
Pursuant to provisions of North Carolina General Statues 143-215.3(a)(6), this Compliance Agreement is
entered into by the Town of Lake Lure, herein referred to as Permittee, and the North Carolina department
of Environment and Natural Resources, an agency of the State of North Carolina created by N.C. General
Statute 143B-282, and hereinafter referred to as the Secretary:
The Permittee and the Secretary hereby agree to the following findings
(a) The Permittee hold North Carolina NPDES permit NCO025381 for operation of the Town
of Lake Lure wastewater treatment plant (WWTP) and for making an outlet therefrom for
the discharge of treated wastewater to the Broad River, Class X waters of this State in the
Broad River Basin.
(b) Effluent limits included as terms 'Of Ni iD i permit NCO025381 have been established as
those concentrations and/or loadings'of polluiants in the treated wastewater that may be
discharged into the receiving stream without,causing applicable water quality standards to
be contravened.
(c) The Town of Lake Lure WWTP has been noncompliant with effluent limits contained in
NPDES permit NCO025381 in the manner and to the extent described in Attachment A to
this agreement. Reported violations of effluent limits have persisted from June 2009 to
October 2011.
(d) Since 2009, the Town of Lake Lure WWTP has been assessed penalties totaling $11,798.50
in the matters of 8 separate civil assessment cases, as noted in Attachment A, for violations
of effluent limits contained in NPDES permit NC0025381. At this time, $10,981.50 of
these fines remain outstanding.
(e) As of the date of this agreement, the Town of Lake Lure WWTP is in compliance with the
effluent limits contained its permit. However, it expects to face compliance challenges
again during the warm weather months of 2012 (April through October.)
(f) On August 31, 2011, Permittee was directed to submit a corrective action plan for returning
the facility to consistent compliance with the terms of the NPDES permit. The plan was
submitted on February 6, 2012.
Based on the above findings, the Permittee an¢rthc:§ecretary agree to the implementation of the
following schedule (based upon the plan of action described in 1.(f) above):
March 2012 Consent Agreement Effective
Activities Commence
July 2012 First quarterly report delivered
October 2012 Second quarterly report delivered

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
KATHLEEN CROCKER
CEDAR CK STABLES & OUTFITT***
RT. 1 BOX 384
LAKE LURE, NC 28746
Dear Permittee:
D E N R
February 28 200% � � � 1.
MAR - 8 2000
T t,�.. ,.. _, s�cool•I
Subject: PERMIT NO. WQ0011487
CEDAR CK STABLES & OUTFITT***
RUTHERFORD COUNTY
Our files indicate that the subject permit issued on 10/30/95 expires on 9/30/00. We have not received a
request for renewal from you as of this date.
A renewal request shall consist of a letter asking for permit renewal and four (4) copies of a completed
application. For permitted facilities with treatment works, a narrative description of the residuals management
plan, which is in effect at the permitted facility, must also be submitted with the renewal application.
Applications may be returned to the applicant if incomplete.
The General Assembly passed legislation incorporating renewal fees into the annual fee.
Please be advised that this permit must not be allowed to expire. You must submit the renewal request at
least 180 days prior to the permit's expiration date, as required by the 15 NCAC 2H .0211. Failure to request a
renewal at least 180 days prior to the permit expiration date and/or operation of a facility without a valid permit
may result in the assessment of civil penalties. NCGS 143-215.6A allows for the assessment of Civil penalties
up to $10,000 per violation per day.
to:
The letter requesting renewal, along with the completed Non -Discharge Permit Application must be sent
N.C. DIVISION OF WATER QUALITY
NON DISCHARGE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-161.7
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If you have any questions concerning this matter, please contact Ms. Kimberly Young at
919 733-5083 extension 574.
Sincerely,
K A.#-S'% j (AM, k
Kim H. Colson, P.E., Supervisor
Non -Discharge Permitting Unit
cc: Asheville Regional Office
Central Files

N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
-DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE,.NORTH CAROLINA 28801
PHONE: [phone] FAX: [phone]
TO:
FAX #:
FROM: lc;;:�_.
DATE: 3/1O /?—Ooo
# OF,PAGES.INCLUDING THIS COVER:
MESSAGE: If questions, please call 828/251-6208.
ev r-d C— &_4 4e- lk / —"-5 LA
-it

Kathleen Crocker
Cedar CK Stables & Outfitters INC.
530 Cedar Creek Rd.
Lake Lure, NC 28746
March 29, 1999
State of North Carolina
Department of Environment and Natural Resources,
Division of Water Quality,
James B. Hunt, Jr., Governor
Wayne McKevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Subject: NOTICE OF VIOLATION AND REVOCATION FOR NON-
PAYMENT NPDES--PERMITNO `WQ0011487
CEDAR CK STABLES & OUTFITTERS4
RUTHERFORD
Dear Sirs,.
This is to inform you that We have closed the Gem mine in question as of
November of 1998. The property the mine was located on was sold in
January 1999.
Thank you very much.
Sincerely,
Kathleen Crocker
President,
Cedar Creek Stables & Outfitters Inc.
t s f o
Roger Edwards; "Asheville NC. office"'
i

State of North Carolin
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., .Director
/ •
ED E N FI
14'��6L -zNf ?t
o p2�
CERTIFFIED MAIL
RETURN RECEIPT REQUESTED
KATHLEEN CROCKER
CEDAR CK STABLES & OUTFITTERS4
RT. 1 BOX 384
LAKE LURE, NC 28746
January 29, 1999
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
NPDES PERMIT NO. WQ0011487
CEDAR CK STABLES & OUTFITTERS4
RUTHERFORD
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee -of $225.00
for this year. has not been received for the subject permit. This fee is required by Title 15 North
Carolina Administrative Code 2H .0105, under the authority of North Carolina General Statutes
143-215.3(a)(1), (la) and (lb).. Because this fee was not fully paid within 30 days after being
billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0105 (b)
(2) (k) (4), and G. S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby -revoked unless the ,
required Annual Administering and Compliance Monitoring. Fee is received within that time.
Your payment should be sent to:
N. C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
P. O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 , Telephone-[phone] FAX [phone]
An Equal Opportunity Affirmative Action -Employer 50% recycled/ 10% post -consumer paper

Discharges without a permit are subject to the enforcement authority of the Division of
Water Quality.
If you are dissatisfied with this decision, you have the right to request an administrative
hearing within thirty (30) days following receipt of this Notice, identifying the specific issues to
be contended. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes, and filed with the 'Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request
for hearing is made or payment is received, revocation shall be final and binding. If you have any
questions, please contact:
IvlrForrestesfallrAsherd+le titer Q�ialityBegionatStip erso- r- ($28)51-6208�
o
Sincerely,
, 44�LJJ
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department

From: "Forrest Westall" <NROAR06/TS19W78>
Organization: Asheville Region of NCDENR
To: #NROAR06/DEMWQ
Date sent: Wed, 11 Mar 1998 16:62:26 +1100
Subject: (Fwd) Re: Recycle Permits for Tourist Gem Mines
Send reply to: [e-mail]
FYI
------- Forwarded Message Follows -------
Date: Wed, 11 Mar 1998 14:45:57 -0500
From: Dennis_ [e-mail] (Dennis Ramsey)
Subject: Re: Recycle Permits for Tourist Gem Mines
To: "Forrest Westall" <tsl [e-mail]. state. nc. us>
FORREST
WE WILL FIND A WAY TO GET A RESONABLE SOLUTION TO THIS PROBLEM. SOR
ISN'T ALREADY FIXED.
DENNIS
Subject: Recycle Permits for Tourist Gem Mines
From: "Forrest Westall" <[e-mail]> at Internet
Date: 3/11/98 10:37 AM
I recently sent you a note about annual fees for this type permit
(last 3 months or so). We had in the past "waved" the fees for this
type facility because under the general NPDES permits we allow gem
mines to discharge as long as they meet min. design criteria for
their "treatment" system (pond size). Since We do not require a fee
for discharging systems, why should we apply a fee developed for
industrial "recycle" systems to these small systems that are doing us
and the environment a favor by recycling their water rather than
discharging turbid water to our surface waters. If we "punish" them
by applying a fee that is "out of line" with what they are doing, we
will be doing a disservice to the gem mine owner and the logic of
good wastewater management (there are some that believe that we
shouldn't even be dealing with these type operations, wave the permit
requirement all together). I recall that we had general
agreement from you and others that this fee was not appropriate.
Well, we thought this was fixed, but we now have a fee notification
letter for a gem mine in Henderson County (Cedar something). Roger
Roger Edwards -- 1 -- Wed, 11 Mar 1998 16:53:47

Edwards has talked to at least three people about this and requested
that we wave the fee (the facility has never paid one before) for the
reasons I just cited. Can we not deal with this on some "overall"
basis rather than have to respond to individual notice letters?
Fees should all be waved for all recycle gem mine operations.
Forrest R. Westall, Regional Water Quality Supervisor
NC Department of Envrironment and Natural Resources
Division of Water Quality, Asheville Regional Office
59 Woodfin Place, Asheville, NC 28801
Phone: [phone], Ex. 251, Fax: [phone]
E-Mail: Forrest Westall@aro. en r. state. n c. us
Forrest R. Westall, Regional Water Quality Supervisor
NC Department of Envrironment and Natural Resources
Division of Water ,Quality, Asheville Regional Office
59 Woodfin Place, Asheville, NC 28801
Phone: [phone], Ex. 251, Fax: [phone]
E-Mail: Forrest Westall@aro. en r. state. nc. us
Roger Edwards -- 2 -- Wed, 11 Mar 1998 16:53:47

From:
"Forrest Westall" <NROAR06/TS19W78>
Organization:
Asheville Region of NCDENR
To:
[e-mail]
Date sent:
Wed, 11 Mar 1998 10:37:25 +1100
Subject:
Recycle Permits for Tourist Gem Mines
Send reply to:
[e-mail]
BCC to:
#NROAR06/DEMWQ
I recently sent you a note about annual fees for this type permit
(last 3 months or so). We had in the past "waved" the fees for this
type facility because under the general NPDES permits we allow gem
mines to discharge as long as they meet min. design criteria for
their "treatment" system (pond size). Since we do not require a fee
for discharging systems, why should we apply a fee developed for
industrial "recycle" systems to these small systems that are doing us
and the environment a favor by recycling their water rather than
discharging turbid water to our surface waters. If we "punish" them
by applying a fee that is "out of line" with what they are doing, we
will be doing a disservice to the gem mine owner and the logic of
good wastewater management (there are some that believe that we
shouldn't even be dealing with these type operations, wave the permit
requirement all together). I recall that we had general
agreement from you and others that this fee was not appropriate.
Well, we thought this was fixed, but we now have a fee. notification
letter for a gem mine in Henderson County (Cedar something). Roger
Edwards has talked to at least three people about this and requested
that wer wave the fee (the facility has never paid one before) for the
reasons I just cited. Can we not deal with this on some "overall"
basis rather than have to respond to individual notice letters?
Fees should all be waved for all recycle gem mine operations.
Forrest R. Westall, Regional Water Quality Supervisor
NC Department of Envrironment and Natural Resources
Division of Water Quality, Asheville Regional Office
59 Woodfin Place, Asheville, NC 28801
Phone: [phone], Ex. 251, Fax: [phone]
E-Mail: Forrest [e-mail]. state. nc.us
Roger Edwards -- 1 -- Wed, 11 Mar 1998 10:54:27

State of North Carolina -
rn
artment of Environment,
d Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
KATHLEEN CROCKER
CEDAR CK STABLES & OUTFITTERS4
RT. 1 BOX 384
LAKE LURE, NC 28746
'0F�,
/••
1:3 E N F=?L
January 27, 1998
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
NPDES PERMIT NO. WQ0011487
CEDAR CK STABLES & OUTFITTERS4
RUTHERFORD
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $225.00
for this year has not been received for the subject permit. This fee is required by Title 15 North
Carolina Administrative Code 2H .0105, under the authority of North Carolina General Statutes
143-215.3(a)(1), (la) and (lb). Because this fee was not fully paid within 30 days after being
billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0105 (b)
(2) (k) (4), and G. S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the
required Annual Administering and Compliance Monitoring Fee is received within that time.
Your payment should be sent to:
N. C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
P. O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone, [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Discharges without a permit are subject to the enforcement authority of the Division of
Water Quality.
If you are dissatisfied with this decision, you have the right to request an administrative
hearing within thirty (30) days following receipt of this Notice, identifying the specific issues to
be contended. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request.
for hearing is made or payment is received, revocation shall be final and binding. If you have any
questions, please contact:
Mr. Roy Davis, Asheville Regional Supervisor, [phone]
. fir
Sincerely,
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B.. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
•
i
3,111=
August 21, 1995
MS KATHLEEN CROCKER
CEDAR CREEK STABLES & OUTFITTERS, INC.
RT. 1 BOX 384
LAKE LURE, NORTH CAROLINA 28746 Subject:
Dear MS CROCKER:
AUG 3 01995
n
u
Return of Incomplete Application
Cedar Creek Stables & Out Fitters,
Recycle Facility
Rutherford County
In accordance with Division policy, the enclosed application package, which was received on August
18, 1995, is being returned as incomplete.The following checked items are lacking:
-Two sets of plans/specifications signed and sealed by an N.C. Professional Engineer.
-Five sets of plans/specifications signed and sealed by an N.C. Professional Engineer.
-Two copies of all required supporting materials.
-Appropriately completed and signed application form plus one copy.
-Letter from current permit holder requesting name change.
-A recent letter of flow acceptance (SPECIFYING FLOW) or copy of Agreement from
owner of receiving treatment facility. This letter must be included in:package when
re -submitted.
-Operational Agreement for sewers owned by individual residents, a homeowners
association, or a developer.
-Permit application processing fee of $.
-Subsurface evaluation/soil scientist's report for surface and subsurface waste disposal
permits, including loading rate calculations.
-Waste analyses and Toxicity Characteristic Leachate Procedure (TCLP) Analysis.
,f -Other Items:
The application pkg was received 08/07 and returned to you for copies and signature on
08/11. This package was returned back to us thru U.S. Mail and re -received on 08/18.
Please sign the application and return so we may, process for you. We will make the
necessary copies.
After all required submittal information has.been obtained, the completed application package may be
resubmitted in accordance with the submittal instructions included on the application form. Be sure to
submit all originally submitted information (and copies) along with the required additional information.
If you have any questions, please contact Michael Allen at [phone], ext. 547.
cc: -Asheville-Regional--Office
SERG Return File
Sincerely,
arolyn McCaskill, Su ervisor .
State Engineering Review Group
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535, Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State of North C'. flina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P,E„ Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
KATHLEEN CROCKER _
CEDAR CK STABLES & OUTFITTERS4
RT. 1 BOX 384
LAKE LURE, NC 28746
A I - ��
AOM% 00ftft"Wook
DEHNF: I
January 22, 1996
SUBJECT: NOTICE OF VIOLATION'AND REVOCATION FOR NON-PAYMENT
WATER QUALITY PERMIT NO. WQ0011487
CEDAR CK STABLES & OUTFITTERS4
RUTHERFORD COUNTY
Dear Permittee:
Payment of the required annual administering and compliance
monitoring fee of $225.00 for this year has not been received for the
subject permit. This fee is required by Title 15 North Carolina
Administrative Code 211 .0205, under the authority of North Carolina
General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was
not fully paid within 30 days after being billed, this letter initiates
action to revoke the subject permit, pursuant to 15 NCAC 2H .0205(c)(4),
and G.S. 143-215.1(b)(3).
Effective 60 days from receipt of this notice, subject permit is
hereby revoked unless the required Annual Administering and Compliance
Monitoring Fee is received within that time. Your payment should be
sent to:
N.C. Department of Environment, Health,
Division of Environmental Management
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
and Natural Resources
P.O. Box 29535, Raleigh; North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
5096 recycled/ 1096 post -consumer paper

Construction or operation of a wastewater treatment system without
a permit is subject to the enforcement authority of the Division of
Environmental Management.
If you are dissatisfied with this decision, you have the right to
request an administrative hearing within thirty (30) days following
receipt of this Notice, identifying the specific issues to be
contended. This request must be in the form of a written petition
conforming to Chapter 150B of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina, 27611-7447. Unless such request for
hearing is made or payment is received, revocation shall be final and
binding. If you have any questions, please contact:
Mr. Roy Davis, Asheville Regional Supervisor, [phone].
S�nice.rely,
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit
Asheville Regi-na.l Office
County Health Department

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
tdlh,
C)EHNF1
September 1, 1995
MS KATHLEEN CROCKER
CEDAR CREEK STABLES & OUTFITTERS
RT 1 BOX 384
LAKE LURE, NORTH CAROLINA 28746
Subject: Application No. WQ0011487
Cedar Ck Stables & Outfitters
Recycle Facility
Rutherford County
Dear MS CROCKER:
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials on August 29, 1995. This application has been assigned the number listed above.
PLEASE REFER TO THE ABOVE WATER QUALITY NUMBER WHEN MAKING
INQUIRES ON THIS PROJECT.
Your project has been assigned to Michael Allen for a detailed engineering review. Should there be any
questions concerning your project, the reviewer will contact you with an additional information letter.
Be aware that the Division's regional office, copied below, must provide recommendations from the
Regional Supervisor or a Procedure Four Evaluation for this project, prior to final action by the
Division.
If you have any questions, please contact Michael Allen at [phone] extension 547. If the
engineer is unavailable, you may leave a message on their voice mail and they will respond promptly.
Please reference the above application number when leaving a message.
Sincerely,
_�/Carolyn Mc�,askill
Supervisor State Engineering Review Group
{
cc: WAshevMe Regional Office`
IWATER UALITY SECTION
l ^T ASNEVILL REGIONAL OFFICE
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

a.
F
.y
UP
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
Non -Discharge Permit Application
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
RECYCLE FACILITIES
I. GENERAL INFORMATION:
1. Applicant (corporation, individual, or other): c e K <j 1 _ :g,�r�{
2. Print Owners or Signing Official's Name and Title -(the person who is .legally
responsible for the facility and its compliance): C
3. Mailing Address: 1�,, -- -z4 =%
City: I. )4 W e U t( (f S tate: r% Zip: l- r
Telephone. No.. 1 ' r)
4. Project Name (subdivision, facility, or establishment name - should be consistent with
project name on plans/specs., letters of flow acceptance, Operational Agreements, etc.):
CP,_F'C�,c
5. Application. Date: �% �' 6. Fee Submitted: $
7. County where project is located:
8. Latitude: SS ° O C� ; Longitude X R °' 3 2 3 of recycle facility location ._Q
II. PERMIT INFORMATION:
1. Permit No. (will be completed by DEM): W1\r_?COcD (i W � 7
2. Specify whether project is: V/' new; renewal*; modification.
*If renewal, complete only sections I, II, III, & applicant signature
(on.pg.6). Submit only pgs. 1, 2, 6 (original and 3 copies of each). Engineer
signature not required for renewal.
3. If this application is being submitted as a result of a renewal or modification to an
existing permit, list the existing permit number and issue date
4. Specify whether the applicant is public or ✓ private.
FORM: RFAC 4/91 Page 1 of 7

� CYCLE FACILITIES
PAGE 2 (4/91)
III. INFORMATION ON WASTEWATER:
1. Nature of Wastewater: % Domestic; lt7(�, % Commercial;
% Industrial; % Other waste (specify):
2. Please provide a one or two word description specifying the origin of the wastewater,
such as school, subdivision, hospital, commercial, industrial, apartments, etc.:
3. Volume of recycle water generated by this project: _ Z� gallons per day
4. Explanation of how recycle water volume was determined:
5. rief project description: %'�'
rl
IV. DESIGN INFORMATION
1. Provide a brief listing of the components of the recycle facilities, including dimensions,
capacities, and detention times of tanks, pumping facilities, high water ;alarms, filters,
ponds, lagoons; etc.:
2. Name of closest downslope surface waters:
3. Classification of closest downslope surface waters: (as established
by the Environmental Management Commission & specified on page 4 of this
application).
4. If a power failure at the facility could impact waters classified as WS, SA, B, or
SB, describe which of the measures are being implemented to prevent such impact, as
required in 15A NCAC 2H .0200: Al A
5. The facilities must conform to the following buffers (and all other applicable buffers):
a) 400 feet between a lagoon and any residence under separate ownership;
b) 100 feet between a surface sand filter and any residence under separate ownership;
c) 100 feet between recycle facilities and a water supply source;
d) ' 50 feet between the recycle facilities and property lines;
2of7

:ECYCLE FACILITIES
PAGE 3 (4/91)
6. If any of the buffers specified in no. 5 above are not being met, please explain how the
proposed buffers will provide equal or better protection of the Waters of the State with
no increased potential for nuisance conditions:
7. Are any components of the recycle facility located within the 100-year flood plain?
yes; ✓ no. If yes, briefly describe the protective measures being taken to protect
against flooding.
THIS APPLICATION. PACKAGE WILL NOT BE ACCEPTED BY THE
DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF
THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL
Required Items
One original and three copies of the completed and appropriatelyexecuted application form.
b. The appropriate permit processing fee, in accordance with 15A NCAC 2H _0205(c)(5).
C. Five sets of detailed plans and specifications signed and sealed by a North Carolina
Professional Engineer. The plans must include a general location map, a site map which
indicates where any borings or hand auger samples were taken, along with buffers,
structures, and property lines. Each sheet of the plans and the first page of the specifications
must be signed and sealed.
d. For industrial wastewater, a complete chemical analysis of the typical wastewater
must be provided. The analysis may include, but shall not be limited to, Total Organic
Carbon, BOD, COD, Chlorides, Phosphorus, Nitrates, Phenol, Total Trihalomethanes,
TCLP analysis, Total Halogenated Compounds, Total Coliforms, and Total Dissolved
Solids.
e. If lagoons are a part of the facilities and the recycle water is industrial, provide a
hydrogeologic description of the subsurface to a depth of 20 feet or bedrock, whichever is
less. The number of borings shall be sufficient to define the following for the area
underlying each major soil type at the site: significant changes in lithology, the vertical
permeability of the unsaturated zone, the hydraulic conductivity of the saturated zone, and
the depth of the mean seasonal high water table.
Five copies of all reports, evaluations, agreements, supporting calculations, etc., must be
submitted as a part of the specifications which are signed and sealed by a North Carolina
Professional Engineer. Although certain portions of this required submittal must be
developed by other professionals, inclusion of these materials under the signature and seal
of a North Carolina Professional Engineer signifies that he has reviewed this material and
has judged it to be consistent with his proposed design.
g. Five copies of the existing permit if a renewal or a modification.
3of7

"CYCLE FACILITIES
PAGE 4 (4/91)
TO: REGIONAL WATER QUALITY SUPERVISOR
Please provide me with the classification of the surface waters identified in number 5
Ix -low and on the attached map segment:
Name of surface waters:
N
' u 1 oh-519 3.
'Classification (as established by the Environmental Management Commission): �'C 'rr-
Proposed Classification, if applicable:
Signature of regional office personnel: Date: /t
INSTRUCTIONS TO ENGINEER--7%�,:5
In order to determine whether provisions for dual or standby power may be required for the
subject facility, the classification of the closest downslope surface waters (the surface waters that
any overflow from the facility would flow toward) must be determined. You are required to
submit this form, with items 1 through 10 completed, to the appropriate Division of Environmental
Management Regional. Water Quality Supervisor (see attached listing). At a minimum, you must
include an 8:5" by 11 ". copy of the portion of a 7.5 minute USGS Topographic Map which shows
the subject surface waters. You must identify the location of the facility and the closest downslope
surface waters (waters for which.you are requesting the classification) on the submitted map copy.
The application may not be submitted until this form is completedd and included with the submittal.
1.
2.
Applicant (corporation, individual, or other ):
Name and Complete Address of Engineering Firm:
City:
Telephone No.
3. Project Name:
4. Storage Facility Volume:
S tate:
5. Name of closest downslope surface waters:
6. County(s) where project and surface waters are located:
7. Map name and date:
8. North Carolina Professional Engineer's Registration No.
9. Print Name of Engineer
10. Seal and Signature (specify date):
Zip:
gallons
4of7

r' 1
DIVISION OF ENVIRONMENTAL MANAGEMENT REGIONAL OFFICES (4/91)
Asheville Regional WQ Super
59 Woodfin Place
Asheville, NC 28802
704/251-6208
Avery Macon
Buncombe Madison
Burke McDowell
Caldwell Mitchell
Cherokee Polk
Clay Rutherford
Graham Swain
Haywood Transylvania
Henderson Yancy
Jackson
Fayetteville Regional WQ Super.
Wachovia Building, Suite 714
Fayetteville, NC 28301
919/486-1541
Anson
Moore
Bkaden
Robeson
Cumberland
Richmond
Harnett
Sampson
Hoke
Scotland
Montgomery
Winston-Salem Regional WQ Super.
8025 North Point Boulevard, Suite 100
Winston-Salem, NC 27106
919/161-2351
Alamance Rockingham
Alleghany Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes .
Forsyth
Yadkin
Guilford
Washington Regional WQ Super.
P O Box 1507
Washington, NC 27889
919/946-6481
Beaufort
Bertie
Camden
Chowan
Craven
Currituck
Dare
Gates
Greene
Hertford
Hyde
Jones
Lenoir
Martin
Pamlico
Pasquotank
Perquimans
Pitt
Tyrell
Washington
Wayne
Mooresville Regional WQ Super
919 North Main Street
Mooresville, NC 28115
704/663-1699
Alexander
Mecklenburg
Cabamis
Rowan
Catawba
Stanly
Gaston
Union
Iredell
Cleveland
Lincoln
Raleigh Regional WQ Super_
3800 Barrett Dr., Suite 101
Raleigh, NC 27609
9191733-2314
Chatham
Nash
Durham
Northampton
Edgecombe
Orange
Franklin
Person
Granville
Vance
Halifax
Wake
Johnston
Warren
Lee
Wilson
Wilmington Region. WQ Super.
127 Cardinal Drive Extension
Wilmington, ITC 28405-3845
919/395-3900
Brunswick New Hanover
Carteret Onslow
Columbus Pender
Duplin
5of7

CEECYCLE FACILITIES
PAGE 6 (4/91)
Name and Complete Address of Engineering Finn:
City:
Telephone No.
Professional Engineer's Certification:
I,
State: Zip:
, attest that this application for
has been reviewed by me and is accurate
and complete to the best of my knowledge. I further attest that to the best of my knowledge the
proposed design has been prepared in accordance with the applicable regulations. Although certain
portions of this submittal package may have been developed by other professionals, inclusion of
these materials under my signature and seal signifies that I have reviewed this material and have
judged it to be consistent with the proposed design.
North Carolina Professional Engineer's Registration.No.
Print Name of Engineer
Seal and Signature (specify date):
Applicant's Certification:
I,inTA«E0CEewLQr , attest that this application for _LL�Iz. �2C�=K
_51iqb40s nri��hhrs �n1c .
has been. reviewed by me and is accurate and complete to the best of -my knowledge. I understand
that if all -required parts of this application are not completed and that if all required supporting
information and attachments are not included, this application package will be returned as
incomplete.
Signature
Date 9 - z-5 -� S
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATIONAND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 2953S
512 NORTH SALISBURY STREET
RALEIGH, NORTH CAROLINA 27626-OS35
TELEPHONE NUMBER: 919/733-SO83
6of7

,`ECYCLE FACLITIES
—i'AGE 7 (4/91)
PERMIT APPLICATION
PROCESSLNNG FEES
(effective October 1, 1990)
CATEGORY
NEW APPLICATIONS/
RENEWALS WITHOUT
MODIFICATIONS
MODIFICATIONS
> 1,000,000 GPD
Industrial
$400
$300
Domestic/Cooling Water
$400
$300
10,001 - 1;000,000 GPD
Industrial
$400
$250
Domestic/Cooling Water
$400
$250
1,001 - 10,000 GPD
Industrial
$400
$200
Domestic/Cooling Water
$400
$200
< or = 1,000 GPD and
Single Family Dwelling
$240
$120
Sludge < or = 300 Acres'
$400
$250
Sludge > 300 Acres
$400
$250
Sewer Extensions
(nondelegated) $400 0
Sewer Extensions
(delegated) $200 0
Closed -Loop Recycle
or. Evaporative $40)o $200
NOTE: The Fees for Soil Remediation Projects are the same as for Sludges.
Under the Sewer Extension Fee, "delegated to municipalities" applies
only to those governmental jurisdictions that have specific delegation
review authority, as granted by- the Division of Environmental
Management.
7 of 7

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BUNCH -. IiICS Fax:[phone]
State of North Carolina
Department of Envlronment,
Health and Naturat Resources
Division of Environmental Management
James B, Hunt, Jr„ Governor
Joncithan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTI rED MAIL
RETURN RECEIPT REQUESTED
KAT11LEEN CROCKER
CEDAR CK STABLES & Oi177ITTERS4
RT, 1 BOX 384
LAKE, T.URE, NC 28746
Mar 14 'q-6 11:22 P.01/03
4•�
mom
/pop,er
d i27 3�z�rg� — �p �tcol RGuo�t�
January 22, 1996
ItECEIVED
5i1BJECT: NOTICE OF VIOT,4TIOK AND REVOCATION FOR NON-PAYMENT
WATER QUALITY PERPIIT NO. WQ0011487
CEDAR CK STABLES & OUTFITTERS4
RUT1iERFORD COUNTY
Dear FRrmittee:
Payment of the required annual administering and compliance
monitoring fee of $225.100 for this year has not been received for the
subject; permit. This fee is required by Title 15 North Carolina
Administrative Code 211 .0205, under the authority of North Carolina
General Statutes 143-215.3(a)(1), (1a) and (Ib). Because this'fee was
not fully paid within 30 days after being billed, this letter Initiates
action to revoke the subject permit, pursuant t.o 15 NCAC 2H .0205(c)(.4),
and G.S. 143-215.1.f'T?(3).
Rffective 60 days from receipt of this notice, subject permit is
ber.eby revoked unless the required Annual Administering and Compliance
Monitoring ree is received within that times. Your payment should be
sent to:
N.C. Department of.Enviravment, Health, and Nat_nrai Resources
Division of Envi-ronmental Management
Budgat Office
P.0_ Boy. 29535
Raleigh, NG 27626-0535_
Post its Fax Note 7871
ream ]fob i pag- cyt 4-
`'
Yb t' i AX %lA D16 .
Fmm q t 4t vrWn
G-Ileo- UBic4+ M
c
Phone #
Phone x
Fax fee IlUlw�%
,i� ore gba325
49i- 17G ➢-VVW-- —
P.O. Box 29535, Raleigh. North Carolina 27626-06M Telephone [phone] FAX [phone]
AnFa%Jol4,npvftj,'ryAile(itadNeAct",Employnt 50%recycled/lo%pw_oonsumerpapeT

RANCH --1A Fax:[phone] Mar 14 %�;l 11:23 P.02/0'3
Construction or operation of a wastewater treatment system without
permit is subject to the enforcement authority of the Division of
evirorimentaI Management.
If you are dissatisfied with this decision, you have the right to
request an administrative hearing within thirty (50) days following
receipt of this Notice, identifying the specific :issues to be
contended. This -request must be in the form of a written petition
conforming to Chapter 150E of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina, 27611-7447. Unless such request for
hearing is made or payment is received, revocation shall be final and
binding. If you have any questions, plea.sn contact:
Mr. Roy Davis, Asheville Regional Supervisor, [phone].
Siticer�:ly, ,
i
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit
Asheville Rag!'mal Office
County Healtb DopartmenL

Aw
SOC ' PRIORITY PROJECT: YES NO X
` IF YES, SOC NUMBER
TO: PERMITS AND ENGINEERING UNIT
WATER QUALITY SECTION
ATTENTION: Michael Allen
DATE: October 13,1995
':..; NON -DISCHARGE STAFF REPORT AND RECOMMENDATION
COUNTY Rutherford
PERMIT NUMBER WQ11487
r` PART I -GENERAL I NFORMAT I ON
1. Facility and Address: Cedar Creek Stables and Outfitters
Route One Box 384
Lake Lure, NC 28746
2.
Date of Investigation: July 21, 1995
3.
Report Prepared By: Roger C. Edwards
4.
Persons Contacted and Telephone Number: Ms. Kathleen Crocker
704-625-2811
-'5.
Directions to Site: From Lake Lure travel east on 64/74 to SR1008
(Bill's Creek Rd.) turn left follow SR1008 to SR1312 turn left -
Cedar Creek Stable & Outfitters will be on your right (approx. 3
miles) .
6.
Size (land available for expansion and upgrading): There is
adequate land to spread sediment from gem mining operation.
7,
Topography (relationship to 100 year flood plain included): Gem
mine'is.,not in the flood plain and the area proposed for spreading
the sediment is not in the flood plain.
Attach a U.S.G.S. map extract and indicate facility site.
U.S.G.S.'Quad No. U.S.G.S. Quad Name Lake Lure
Latitude: 820 08118" Longitude: 280 30123"
Page 1

8.
Any
buffer conflicts with location of nearest dwelling and water
supply well? Yes No X If Yes, explain:
9.
Watershed Stream Basin Information:
a.
Watershed Classification: %,%(2 TN�
b.
River Basin and Subbasin No.: Broad River Basin 030830
C.
Distance to surface water from disposal system: Approxmately
1000 yds.
PART
II -
DESCRIPTION OF WASTES AND TREATMENT WORKS N/A ,
1.
a.
Volume: o.0o036 MGD (Design Capacity)
Residuals: tons per year
b.
Types and quantities of industrial wastewater:,!
C.
Pretreatment Program (POTWs only):
in development y approved
should be required not needed
2.
Treatment Facilities: N/A
s
a.
What is the current permitted capacity of the facility?
b.
What is the actual treatment capacity of the current facility'
(design volume)?
C.
Please provide a description of existing or substantially
constructed wastewater treatment facilities:
"
d.
Please provide a description of proposed wastewater treatment,
facilities: ;
3.
Residuals handling and utilization/disposal scheme: N/A
a.
If Residuals are being land applied, please specify DEM
Permit Number. „
Residual Contractor
Telephone Number
b.
Residuals stabilization: PSRP PFRP :;:OTHER.
'J
C.
Landfill ,i •,ii,: ,,'!
�!
d.
Other disposal/utilization scheme (Specify).'
Page 2

i •' h
4. Treatment plant classification (attach completed rating sheet) :
SIC Code (s) : N/A
Wastewater.Code(s) of actual wastewater, not particular facilities
i.e., non -contact cooling water discharge from a metal plating
company ; would be 14, not, 5'6 .
Primary:' Secondary:
Main Treatment Unit Code:
;.""PART III - OTHER PERTINENT INFORMATION N/A
1. Is this facility being constructed with Construction Grant funds
` (municipals only) ?
2. Special monitoring requests:
3. Important SOC, JOC or Compliance Schedule dates: (Please indicate)
Date
Submission of Plans and Specifications
Begin Construction
t Complete Construction
4. Other Special Items:
i , .+'y �^ `,• .'I 5'+ _ 1.� •'1.'1 �•^ •j •'�.•• Yew.. ° '.� ,

I ,
PART IV - EVALUATION AND RECOMMENDATIONS
Gem mine recycle closed loop system with adquate land for disposal of
sediment. Issue permit.
s ,
•'i
Signa ure of Report Preparer
I
Wate Q ality Regional Supervisor
z
Date r ;
•I
j'
• � ' �1){{r III. � {! ( III.'i �nj �`�

— . 7 ' ' CYCLE FA(-n ,rrrr:Q
PAGE 4 (4/91)
�e " pr., It{r{ . fin. i �•
TO:•.IZEGIONAL'WATER QUALITY SUPERVISOR
fication of the surface waters identified in number 5
Please provide me with the classi
1 1 ! below and on the attached map segment: /
jNaine of surface waters: _ i • a; c+! i
o/n/4 S
" 'Classification (as established by the Environmental Management Commission):�r-
'' Proposed Classification, if applicable:
Signature of regional office personnel: LA Date:
I
INSTRUCTIONS TO ENGINEER —�if �: s �'. �. '�sa� i•,.�: i� - ;�r, ec ^i i-� _ c: •:!
In order to determine whether provisions for dual or standby power may be required for the
f. subject facility, the classification of the closest downslope surface waters (the surface waters that
any overflow from the facility would flow toward) must be determined. You are required to
;; { submit this form, with items 1 through 10 completed, to the appropriate Division of Environmental
{;
..,;.. ;; ;: , Management Regional. Water Quality Supervisor (see attached listing). At a minimum, you must
=j I; include an 8:5" by 11','.copy of the portion of a 7.5 minute USGS.Topographic Map which shows'
' the subject surface waters. You must identify the location of the facility and the closest downslope,
surface waters (waters for which.you are requesting the classification) on the submitted map copy.
5� r --The application may not be submitted until this form is completed and included with the submittal.
1. Applicant (corporation, individual, or other): `
' 2. Name and Complete Address of Engineering Firm:
City: State: Zip:
Telephone No.
3. Project Name:..'
4. Storage Facility Volume: gallons
5. Name of closest downslope surface waters:
6. County(s) where project and surface waters are located:
7. Map name and date:
8. North Carolina Professional Engineer's Registration No.
9. Print Name of Engineer
10. Seal and Signature (specify date):
4 of 7

State of NorthO Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 30, 1995
Kathleen Crocker, President
Cedar Creek Stables and Outfitters, Inc.
Route 1, Box 384
Lake Lure, North Carolina 28746
A 1 &�,*4.jj
OL
C)EHNR
NOV - 31995 � b
Subject: Permit No. WQ0011487
Cedar Creek Stables and Outfitters, Inc.
Gem Mine Operation
Wastewater Recycle System
Rutherford County
Dear Ms. Crocker:
In accordance with your application received August 29, 1995, we are forwarding herewith Permit
No. WQOO11487, dated October 30, 1995, to Cedar Creek Stables and Outfitters, Inc. for the construction
and operation of the subject wastewater recycle system.
This permit shall be effective from the date of issuance until September 30, 2000, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. Michael D. Allen at
[phone] ext. 547.
cc: Rutherford County Health Department
--��Ash`�evlle egonal`�®ffirWaterQualiiy;Sectioi
Training and Certification Unit
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
�0
Sincerely,
A. Presto+pl Howard, Jr., P.E.
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
RECYCLE SYSTEM PERMIT
In acco' dance-with.the'provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO THE
Cedar Creek Stables and Outfitters, Inc.
Rutherford County
FOR THE
construction and operation of a 360 GPD wastewater recycle system consisting of a 1/2 HP pump and a
sediment basin to serve a gem mine located at the Cedar Creek Stables and Outfitters, Inc., with no -
discharge of wastes to the surface waters, pursuant to the application received August 29, 1995, and in
conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Environment, Health and Natural Resources and considered a part of this
permit.
This permit shall be effective from the date of issuance until September 30, 2000, and shall be
subject to the following specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
2. This permit,is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division of Environmental Management accompanied by an application
fee, documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of the request will be considered on its merits and may or may
not be approved.
5. In the event that the facilities fail to perform satisfactorily, including',the'creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
actions that may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.

6. The residuals generated from these treatment facilities must be disposed in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
7. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this facility.
8. The facilities shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any wastewater resulting from the operation of this facility.
9. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
10. Any monitoring deemed necessary by the Division of Environmental Management to insure
surface and ground water protection will be established and an acceptable sampling
reporting schedule shall be followed.
11. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
12. The Permittee or his designee shall inspect the wastewater recycle facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to
the release of wastes to the environment, a threat to human health, or a nuisance. The
Permittee shall maintain an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken by
the Permittee. This log of inspections shall be maintained by the Permittee for a period of
three years from the date of the inspection and shall be made available to the Division of
Environmental Management or other permitting authority, upon request.
13. Any duly authorized officer, employee, or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property,
premises or place on or related to the recycle system at any reasonable time for the purpose
of determining compliance with this permit, may inspect or copy any records that must be
maintained under the terms and conditions of this permit, and may obtain samples of
groundwater, surface water, or leachate.
14. The annual administering and compliance fee must be paid by the Permittee within - thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15A NCAC 2H .0205
(c)(4).
15. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c).
16. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations,' or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
2

17. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such as
the dumping of the contents of a basin or tank, the known passage of a slug of
hazardous substance through the facility, or any other unusual circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater treatment, such as mechanical or electrical failures of
pumps, aerators, compressors, etc.;
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to
such station or facility; or
d. Any time that self -monitoring information indicates that the facility is not in compliance
with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence. This report must outline
the actions taken or proposed to be taken to ensure that the problem does not recur.
18. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of
the wastewater treatment facilities. The operator must hold a certificate of the type and
grade at least equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type and grade to comply with the conditions
of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class H, III, and IV facility at least daily, excluding weekends and
holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202.
19. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
Permit issued this the thirtieth day of October, 1995
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Aoward, Jr., P.., Director
Division ofqnvironmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0011487
3

RATING SCALE FOR C(­SIFICATION OF WATER POLLUTIO+ ONTROL SYSTEMS
Name of Facility: CHAP•- CV - Sra.-eLes A--0 01yrF%,rScs
Owner or Contact Person: TM*t
Mailing Address: l et,, 394
County: 9,�rmgw•+bm-a Telephone: 004-11 Lzs - 2e.11
Present Classification: New Facility ✓ Existing Facility
NPDES Per. No. NCOO Nondisc. Per. No. WOOL&&*? Health Dept. Per. No
Rated by: N1itw4cL ALLevo Telephone: Otg1wi-soe3 Date: 101%405
Reviewed by: Health Dept. Telephone:
Regional Office Telephone:
Central Office Telephone:
ORC: Grade: Telephone:
Check Classification(s): Subsurface Spray Irrigation LandApplication
Wastewater Classification: (Circle One) 11 till IV Total Points:
RN-PLk"Q7 PROCESSES AND RELATED CONTROL EWPMENT WHICH ARE AN INTEGRAL PART OF INDUSTRIAL PRoi:)xTioN SHALL
jT g - OONSI1=R-D WASTE TREATM=hrr Fce THE PuRpOSE O= CLASSIFICATION_ ALSO SFPr1C TANK SYSTEMS CONSIS m
ONLY Or S=FAr- TAW ANQ GRAVrrY NtTRIFI^ TION LINES ARE EXEMPT FROM CLASSIFICATION_
SUBSURFACE CLASSIFICATION
(check all units that apply)
1 septic tanks
2_ pump tanks
3. siphon or pump -dosing systems
4, sand filters
5. grease trapinlerceptor
6. oil/water separators
7—subsurface treatment and disposal
pravily
pressure
SPRAY IRRIGATION CLASSIFICATION
(check all units that apply)
11
preliminary treatment (definition no. 32 )
2
lagoons
3.
septic tanks
4_
pump tanks
5.
pumps
6.
sand filters
7—grease
trapinterceptor
8.
oil/water aeparalors
9.
disintection
_
10.
chemical addition for
nutrient/algae control
11.
spray irrigation -of wastewater
Pretreatment of wastewater In excess of •these components shall be rated using the point rating
system end will require an operator with an appropriate dual certification.
LAND APPLICATIONIRESIDUALS CLASSIFICATION (Applies only to permit holder)
1. _ Land application of biosolids, residuals or contaminated soils on a designated site.
WASTEWATER TREATMENT FACILITY CLASSIFICATION
The following systems shall be assigned a Class I cassiricalfon, unless the flow is of a significant quantity or the technology is
unusually complex, to require consideration by the Commission on a case -by -case basis: (Check If Appropriate)
1 Oil/water Separator Systems consisting only of physical separation, pumps and disposal;
2. Septic TankrSand Filler Systems consisting only of septic tanks, dosing apparatus, pumps,sand filters, disinfection
and direct discharge;
3. Lagoon Systems consisting only of preliminary treatment, lagoons, pumps, disinfertion,' necessary chemical
treatment for.algae or nutrient control, and direct, discharge;
4. Closed -loop Recycle Systems;
5. Groundwaler Remediation Systems consisting only of pumps, air -stripping, carbon adsorption, disinfection and
disposal;
6. Fish farms with discharge to surface waters;
7. Water Plant sludge handling and back-wash.waler treatment;
8. Seafoxi processing consisting of screening and disposal.
9. Single-family discharging systems with the exception of Aerobic Treatment Units, will be classified if permitted after
July 1, 1993 or if upon inspection by the Division, it is found that the system is not being 'adequately operated or
maintained. Such systems will be notified of the classification or reclassification�by the Commission, in writing.

r
d�n�a
s4at~w�
fate of �Nvrf4 Taralina
33rpartment of 2f ustuE
ROY COOPER Suite 300
Attorney General j 124 College Street
Asheville, NC 28801
February 1, 2001
Western Office
Phone: [phone]
Fax: [phone]
William Clark
Attorney at Law
P.O. Box 7647 i
Asheville NC.28802
RE: J.S. Proctor Employees Profit Sharing Trust & Pension Plan v. DENR
OAH File No: 00-EHR-0582
Dear Billy:
This will acknowledge receipt of your Firm's trust account , check in the amount of
$2,272.34 in payment of the settlement of the above -referenced action and the Notice of
Withdrawal of Petition you filed in the case.
Thank you. I am glad .we were able to resolve this matter in an amicable fashion.
Sincerely,
SueannaP. Sumpter
Assistant Attorney General
SPS/lgg
xc:
Tommy Stevens
Forrest R. WMall
I
I
I
An Eaual Ormortunity / Affirmative Action Employer
4Ms

(no subject)
Subject: (no subject)
Date: Thu, 19 Oct 2000
From: Roger Edwards <.
Organization: NC DENR - Ashe
To: Tommy Stevens <
CC: Coleen Sullins <(
Forrest Westall <:
Tommy,
The mediation case for J.S.
Trust and Pension Plan (Fil
at the law office of Wolcot
Wolcott conducted the media
their attorney Mr. William
Sueanna Sumpter and myself
case for $2000 + 272.34 enf
turbidity violation of 120
violation of 38 ntu's on Ju
mediation. The company:ha
resources which was a point
land resources penalty was
year. If you have any que
Thank you,
R — Edwards
Roger Edwards - Roger.Edwarc
North Carolina Dept. of Envj
Asheville Regional Office
Division of Water Quality -
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
Roger Edwards <Ro er.Edw
NC DENR - Asheville Regional O
Division of Water Quality -Water
11:53:21 -0400
.oger. [e-mail]>
Lille Regional Office
Pommy. [e-mail]>
Teen. [e-mail]>,
orrest. [e-mail]>
Proctor Company Employees' Profit Sharing
No. SS 99-011) was conducted this morning
& Dray, PA. in Asheville. William F.
ion. Mr. John Proctor, Mr. Jim Proctor and
lark attended on behalf of the company.
epresented Water Quality. We settled the
rcement cost. The $2000 was for the first
tu's on June 16, 1999. The second turbidity
e 29, 1999, assessed at $3000, was lost in
previously been assessed a penalty by land
of discussion during this mediation. The
ettled through mediation earlier this
tions please, let me know.
[e-mail]
ronment and Natural Resources
Water Quality Section
Section
J
r
1 of 1 1 11/21/2000 7:47 AM

t--

Proctor: Town of Lake Lure
June 16, 1999-Collected sample at established road crossing. This is a background
samples, stream !flows from a different drainage. Does have some residential
construction above sample point. Turbidity 3.2 ntu.
Sample collected on Proctor property at pine stump with raw bank in front as road turn to
right. Turbidity' 120 ntu.
I
June 29,1999-Samples collected as above. Turbidity 3.4 ntu.
I'
Parmley ponds -influent 38 ntu, effluent 330 ntu.
July 12, 1999-Sampled at Pine stump as on June 16, 1999, raining when sampled, little
obvious effect on stream at this time.
February 18, 2000-Samples collected above road on Proctor property -turbidity <0.1 ntu,
100 yards below road —turbidity 8.1 ntu, influent to pond #1 turbidity 4.6 ntu, effluent
from pond #2 turbidity 9.8 ntu.
�o l r d O
I l ✓ O ����//W(y r
c C7
11 ��� �'�w �w "YV" __ ."µ+ �V - _ "/ �� A•
M-�
I t(7 ✓
f,.

f NORTH CAROLINA DEPARTM ANT �O E F
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
September 22, 1999
MEMORANDUM
I
TO: Coleen Sullins, Chief
Water Quality Section
THROUGH: Forrest R. Westall
Water Quality Regio p rvisor
FROM: Roger C. Edwards ((�
Wastewater Consultant
SUBJECT, Enforcement Action
J, S. Proctor Company Employees' Profit Sharing Trust and
Pension Plan Property
Rutherford County
I received a complaint on May 26, 1999, from Mr.. Richard Parmley reference a
road grading operation on the property above his resulting in sediment in his
trout ponds: The Division of Land Quality issued a Notice of Violation on May
24, 1999 to J. S. Proctor Company Employees' Profit Sharing Trust and
Pension Plan (see enclosed). This land disturbing activity began as a logging
operation and developed into a road being -built capable of handling two way
traffic.
On June 16, 1999, samples were collected on a typical mountain stream prior
to entering ;the I Proctor property and a stream on the property. The. ,
background stream samples results were-3.2 ntu and results from on property
120 ntu. On June 29, 1999 samples Were collected, background area as
before, results 13.4 ntu and from Parmley pond influent and effluent. The
results were influent 38 ntu and effluent 330 ntu.
This project has caused sever damage to the water of the state. The owner's
could have.prevented the damage had they followed the regulations and
guidance of the Division of Land Quality. It is recommended the appropriate
enforcement action be taken against J. S. Proctor company Employees' Profit
Sharing Trust and Pension Plan. Appropriate action should be taken.
Enclosure
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

r
STATE OF -NORTH CAROLINA
COUNTY OF RUTHERFORD
IN THE MATTER OF:
J. S. PROCTOR COMPANY
EMPLOYEES' SHARING TRUST
AND -PENSION PLAN PROPERTY
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1
AND
15A NCAC 2B .0200
i
NORTH CARO
ENVIRONMENT T.
FILE No
FINDING!
AND Ac
CIVI]
I'
Acting pursuant.to North Carolina General
215.6A, I, Kerr T. Stevens, Diirec.tor of the Di
(DWQ), make the following:
I.
FINDINGS OF FACT:
A. J. S. Proctor Company Employees' Prof
Pension Plan Property is a corporatio
organized and existing under the laws
Carolina. J..S. Proctor Company Empl
Trust and Pension Plan Property owns
grading roads caused water quality vi
k DEPARTMENT OF
NATURAL RESOURCES
SS
AND DECISIONS
;ESSMENT OF
PENALTIES
atues (G.S. ) 143-
6,ion of Water Quality
Sharing Trust and
(or business)
f the State of North
ees' Profit Sharing
e property on which
ations.
B. On June 16 and 29, 1999, DWQ staff ins,�,ected the J. S.
PROCTOR COMPANY EMPLOYEES' PROFIT SHARING TRUST AND PENSION
PLAN PROPERTY in LAKE LURE observed in"reased turbidity in
stream due to road building on this property.
C. DWQ collected samples for turbidity me surements in the
receiving stream. The turbidity in th� receiving stream
was 120 ntu on -June 16 and 330 ntu on une 29. The stream
turbidity standard is 50 ntu's, as sett!forth in 15A NCAC 2B
. 0211 (3) (k) .
D. Staff costs and expenses associated wish detecting the
violation, defining its nature and ext nt and bringing the
enforcement action totaled $272.34.
Based upon the above Findings of Facts, I m,Ike the following:

II. CONCLUSIONS OF;LAW:
A. J. S. PROCTOR COMPANY EMPLOYEES' PROFIT SHARING TRUST AND
PENSION PLAN PROPERTY is a "person" within the meaning of
G.S. 143-215.6A pursuant to G.S. 143-212-(4).
B. J. S. PROCTOR COMPANY EMPLOYEES' PROFIT SHARING TRUST AND
PENSION PLAN PROPERTY violated G.S. 143-215 .1 and 15A NCAC
213 .0211(3)1(K) on June 16 and 29, 1999 because of turbidity
violation in unnamed tributaries to.Pool Creek.
C. General Statute'143-215..6A (a) (1) provides that a civil
penalty of not more than ten thousand dollars per day may
be assessedlagainst a person who violates any
classification, standard, limitation, or management
practice established pursuant -to G.S. 143-214.1, 143-214.2
or 143-215.!
' I 1
D. General Statue 143-215.3.(a) (9) provides that the
reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person who
violates any regulations, standards, or conditions of any
permit issued to G.S. 143-215.1. or special order or other
document issued pursuant to G.S. 143-215.2.
I
E. The Director, Division of Water Quality pursuant to G.S.
143-215.6A (h), has the authority to assess civil
penalties.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION•
Pursuant to G.S.,143-215.6A in determining the amount of the
penalty, I have taken into account the Findings of Fact and
Conclusions of Law and considered the factors listed in G.S.
143-282.1.
Accordingly, J. S. PROCTOR COMPANY EMPLOYEES' PROFIT SHARING
TRUST AND PENSION PLAN PROPERTY is hereby assessed a civil
penalty of
$ for one violation of G.S. 143-215.1 and
15A NCAC 2B .0211 (3) (k) on June 16,
1999.
i
$ for, one violation of G.S. 143-215.1 and 15A
NCAC 2B .0211 (3) (k) on June 29, 1999.

�1
$ 272.34
ICI
TOTAL CI O
percent
authoriz
I
Enforcer
$.__ TOTAL AMOUNT DUE
I.ch is
penalty
�215.6A (a)
As required by G.S. 143-215.6A(c), in deteriining the amount of
the penalty I have considered the factors listed in G.S.143B-
282..1..(b) , which are:
(1) The degree and extent of harm to the ni�tural resources of the
11
State, to the public health, or to prijate property resulting
from the violation; III
(2) The duration and gravity of the violat
(3) The effect on ground or surface water
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compl
(6) Whether the violation was committed wi
intentionally;
(7)
(8)
(DATE)
The prior record of the violator in coi
comply with programs over which the Enl
Commission has regulatory authority; ai
The cost to the State of the enforcemei
Kerr T. Stevens, D
Division 'of Water 1
tity or quality or
nce;
fully or
lying or failing to
ronmental Management
procedures.
ctor
lity

CERTIFICATION PAGE
I certify that the information in this report is
true to the best of my knowledge. All violations of self -
monitoring data have been verified by hard copy review of
the monthlyreports if applicable)
p s ( pp cable) and the appropriate
permit (if applicable).
1
(Signature of Principal Investigator(s):
DATE:

je
Al
SUE

Head of culvert to
carry stream
Heavy siltation of
stream
Parmley upper pond
Trubidity 330 ntu
Parmley lower'pond
i

DIVISION OF ENVIRONMENTAL MANAGEMHNT For Lab Use ONLY
WATER QUALITY
COUNTY
FIELD -LAB FORM %DM1)
PRIORITY
SAMPLE TYPE
RIVER BASIN
—
❑AMBIENT
❑
❑
REPORT TO: O RO MRO RRO WaRO WIRO WSRO Ts
QA
STREAM
EFFLUENT
AT BM
❑COMPLIANCE
El
❑
El
r Otheer
Other
CHAIN
LAKE
INFLUENT
OF CUSTODY
Shipped by: Bus Courier Staff Other ❑EMERGENCY ❑ ESTUARY
Lab Number:
Date Received:
Time:3 ` e
Rec'd by: 01 ttlIZ
From: Bus -Course an De
DATA ENTRY BY:
S'^ CK:
DATE REPORTED:
COLLECTOR(S):
Estimated SOD Range: 0-5/5-25/25-65/40-130 or 100 plus
STATION LOCATION:
Seed: Yes ❑ No ❑ Chiorinated: Yes iJ 4a "J
Station ##
Date Begin (yy/ram/dd) i e ime Begin
Date,End
Time End
Depth DM DB DBM
Value Type
Composite
Sample T
Q , / C]/Q
A H L
T S B
C GNXX
1
rsvuo a1v mg/1
Chiorlde 940 mg/I NHS as N 610 mg/l
Chl a: Tri 32217 ug/.I— TKN-as-N-625 mg/1— -
=Ciil a: Cozr 32?09 - ug/I NO2 plus NOS as N 630 — mg/1 -
Pheophytin a 32213 ug/I P: Total as P 665 mgA
Color: True 80 Pt -Co PO4 as P 70507 mgA
Color:(pH ) 83 ADMI P- Dissolved as P 666 r mg/I
Color. pH 7.6 82 ADMI
Cyanide 720 mg/l CdCadmium 1027 u9A
Fluoride 951 mg/i C-Chromfum:Total 1034 ug/i
Formaldehyde 71880 mg/l Cu-Copper 1042 ug/I
Grease and Oils 556 mg/I 5 NI -Nickel 1067 ugA '.
Hardness Total900 mg/1 Pb-Lend 1051 Von
Specific Cond. 95H 2 Zn-Zinc 1092
uMhos/cm . .
MBAS 38260 mgA
Phenols 32730 ug/I A ilver 1077 u*n
Sulfate 945 mg/1 AI -Aluminum 1105 ug/I 4
Sulfide 745 mg/1 Be -Beryllium 1012 ug/I
Ca -Calcium 916 1119n
Co -Cobalt 1037 ug/I
Fe -Iron 2045 ug/I
2
COD High 340 mg/1
�_
�-
------- --- _ - mg/1—
Coliform: MF Fecal 51616 nooml
Collform: MF Total 31504 /100m1
4
5
6
Coliform: Tube Fecal 31615 /loom]
Coliform: Fecal Strep 31673 /100ml
Residue: Total 500 mile
Volatile 506 mg7F
Fixed 510 mg/1
Residue: Suspended 530 mg/1
Volatile 535 mg/I
Fixed 540 �. mg/I
p��•
403 units
Acidity to pH 4.5 436 mg/1
Acidity to pH 8.3 435 mg/1
Alkalinity to pH 9.3 415 mgA
AlkaHnity to pH 4.5 410 mg/I
TOC 680 mgA
Turbidity 76 C)NTU
7
8
9
10
11
12
13
14
15
16
17
18
19
20
I ILf- ithium 1132 ugA 'I
Mn-Manganese 1055 ug/I
Na-Sodium 929 mgn
Arsenic:Total 1002 ug/I
Se-Selenlum 1147 ugA
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
O:guaph6spi drus Pesticides
Acid Herbicides
Make/ Neutral Extractable Organics
Acid Extractdble Qrganies
tifgeeble Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Tetnperatm
D.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
pli 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
S00 it
400 1&
822" 431
82243 192242
20
Salinity %
Precipitlon Wday)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth ft
Stream Wkith fL
480
145
32
136
11351
1350 135
64 14

DIVISION OF ENVIRONMENTAL
Yor Lae use'014LY
MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY
�L<�l
PRIORITY
SAMPLE TYPE
RIVER
REPORTT TO•
/(
❑AMBIENT
❑ QA
2 STREAM
❑ EFFLUENT
RO FRO MRO RRO WeRO WiRO WSRO TS
ATBM
Other
Shipped by: Bus Courier, Staff Other
❑ COMPLIANCE
[]EMERGENCY
❑ CHAIN
OF CUSTODY
❑ LAKE
❑ ESTUARY
❑ INFLUENT
Lab Number:
Date Received: /n/�j�
�� Time: 3 �� 4�
Rec'd by:
From: Bus -Courier and De
DATA ENTRY BY:
.S// '^
CK:
DATE REPORTED:
(O
COLLECTOR(S):
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlerin-rted: Yxe ❑ iiso ❑
r
Station ## Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample T
) g � "7 , Z A' H L T S B C GGNXX
2
COD High 340 mg/I
3
COD Low 335 mg/1
4
Colifornt: MF Fecal 31616 /100ml
55
Coliform: MF Total 31504 /100ml .
.6
Coliform: Tube. Fecal 31615 /100m1
7
Coliform: Fecal Strep 31673 /100ml
g
Residue: Total 500 mg/1 '
9
Volatile 505 mg/I
10
Fixed 510 mg/I
11
Residue: Suspended 530 mg/I J
12
Volatile 535 mg/I
13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 436 mg/I
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 9.3 415 mgA
--1:g
- -
Alkalinity to pH-4.5 -416--mg/1--
19
T9,P 680 ( mg/I
20
Turbidity 76 3 NTU
Chloride 940 mg/I
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/1 '
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color- pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 7181i0 mg/1
Grease and Oils 556 mg/1
Hardnesd* total 900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols 32730 ug/I
Sulfate 945 m9/1
Sulfide 745 mg/I
NH3 as N 610 mg/1
TKN as N 625 mg/I
NO2 plus NOS as N 630 m9/1
P. Total as P 665 mg/I
PO4 as P 70507 mgA
P: Dissolved as P 666 + mg/1
Cd- admium 1027 ug/1
Cr Chromium :Total 1034 ug/I
Cu-Copper 1042
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ugA
Zn-Zlnc 1092 ug/I
A ilver 1077 ug/I
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/I
Co -Cobalt 1037 ug/I
Fe -Iron 1045 ugA
Li-Lithium.1132 ug/I
Mg -Magnesium 927 mg/1
Mn-Manganese 1055 ug/I
Na-Sodium 929 mg/I
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 719()0 ug/I
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbkddes
Base/ Neutral Extractable Organics
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mg/1
pH
Alkalinity
Acidity
Air Temperature (C)
pH 83 pH 4.5
pH 4.6 pH 8.3
2
94
10
300 •
400 le
82244 1431
82243 182242
20
Salinity %
Preeipition Wday)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Hean Stream Depth ft.
Stream Width fL
480
45
132
136
1 1351
1350
35-
64
14
DMl/Revised 10/86

" DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM For Lab Use ONLY
COUNTYR&4
(DM1)
PRIORITY SAMPLE.•'i'YPE
RIVER BASIN f
REPORT TO:
O RO MRO
❑AMBIENT ❑
❑
HBO WaRO WlRO WSRO TS
QA
STREAM
EFFLUENT
OtherAT
❑COMPLIANCE ❑ CHAIN
ElLAKE
❑ INFLUENT
Shipped by: Butt CoLurier tat O her
OF CUSTODY
EMERGENCY
❑ ESTUARY
COLLECTOR(Sh
Lab Number: 74
9 9
,q q9 0,7
Date Received
J !
Time: e 3�
Reed by: ^�
1 From• Bua-Course eud el -
DATA ENTRY BY:
CK• ,
DATE REPORTED:
q
7
Estimated HOD Range: 0-5/6-25/25-65/40.130 or 100 plus STATION LOCATION- }
�+ c=�Ei�l pst/ iN Et ��
LG /�,
G � � � IL/
Seed: yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station #
Date Begin (yy/mm/dd)
I Time Begin
I Date End
ITime End
Depth DM DB DBM
lValue Type
I Como08lte
I Samnle Tvne
2 COD Hlgh 340
Coliform: MF Fecal 31616 /100ml
Coliform: MF Total 31564
/100ml
Collform: Tube Fecal 31615
/100ml
Coliform: Fecal Strep 31673
/100ml
Residue: Total 500
m9/1
11
mesidue: Suspended 530 mg/i
12
Volatile 535 mg/l
13
Fixed 540 mg/l
14
pH 403 unite
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/l
17
Alkalinity to pH 8.3 415 maA
18
Alkalinity to pH 4.6 410 mg/1
19
TOC 680 mg/1
20
Turbidity 76 3, Ll MU
ride 940 mg/I I NH3 as N 61C
a: TO 32217 ug/1 I I JTKN as N 625
Pheophytin a 32213 ug/l
Color: True 80 Pt -Co
Color -(pH ) 83 ADMI
Color. pH 7.6 82 ADMI
Cyanide 720 mg/l
Fluoride 951 mg/1
Formaldehyde 71880 mg/l
Grease and Oils 556 mg/l
Hardness Total900 prg/I
-Specific Cond. 95 UMhos/cm2
MBAS 38260 mg/l
Phenols 32730 ug/l
Sulfate 945 mg/1
Sulfide 745 mg/l
A H L I T S B I C CJ GNXX I
m9/f LI-Lithium 1132 ug/i
MgAfngneatum 927
P. Total as P 665 m9A
PO4 as P 70507 mgA
P: Dissolved as P 666 mgA
CdCadmium 1027 ugA
CrMomiumdlotal1034 ug/1
Cu-Copper 1042 USA
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
Ag-Sllver 1077 ugA
Al -Aluminum 1105 ugA
Be -Beryllium 1012 ug/1
Ca -Calcium 916 mg/I
Co -Cobalt 1037 ugA
Fe•fron 1045 ugn
Na-Sodium 929 mg/l
Arsenic:Total1002 ug/I
Se -Selenium 1147 ug/i
Hg-Mercury 71900 ug/I
Organochlorine Peeticides
Organophospiwrus Pesticides
Add Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mg/l
pH
Alkalinity
Acidity
Air Temperature (C)
pH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 if
400 .
82244 1431
82249 182242
20
Salinity %
Precipition 0n/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
W Ind VelocityM/H
can Stream Depth ft.
Stream Width fL
480
145 132
36
1351
11350
35
64
4

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1 ) For Lab Use ONLY
i A
COUNTY •';'Jj,'l:
PRIORITY SAMPLE TYPE
UEFFZUENT
`�
RIVER BASIN L 1t4&ra
❑AMBIENT ❑ QA
STREAM
❑
REPORT TO�PRO MRO RRO WaRO WIRO WSRO TS
AT Otheerr
Other
❑COMPLIANCE ❑ CHAIN
❑ LAKE
❑
Q�FLUENT
Shipped by: Bus Courier Staf Other
OF CUSTODY
❑EMERGENCY
❑ ESTUARY
COLLECTORS);
Lab Number•
Date Received: Time:
Rec'd by: I From:/ Bus -Court -Hand Del
DATA ENTRY -BY: 3 +^ CK' •��
DATE REPORTED: 7 - 9 - `7' 9
Estimated SOD Range: 0-5/5-25/25.65/40-130 or 100 plus STATION LOCATION:
Seed: Yee ❑ No ❑ Chlorinated: Yes ❑ Ne ❑ REMARKS: r
Station # Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Comoofite Sample 7vee
�. _
.... ... mg/1
,�
I1
COD High 340 mg/l
3
COD Low 335 mg/l
4
Coliform: MF Fecal 31616 /100ml
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /100ml
7
Coliform: Fecal Strep 31673 /100ml
$
Residue: Total 500 mgA
9
Volatile.505 mg/I
10
Fixed 510 mg/l
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/l
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mgA
16
Acidity to pH 8.3 435 mg/l
17
Alkalinity to pH 8.3 415 mSA
18
- -
Alkalinity -to pH-4:5 410 - - mg/l -
19
_
TOC 680 mg/1
20
V
urbidity 76 �3 NfU
Chloride 940 mg/I
Chi a: Tri 32217 ug/1
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/1
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/l
Fluoride 951 mg/1
Formaldehyde 71880 mg/l
Grease and Oils 556 mg/1-
Hardness Total900 mg/l
"
'Specific Cond. 95 umbers/cm2
MBAS 38260 mg/i
Phenols '32730 ug/l
Sulfate 945 mg/I
Sulfide 745 mg/1
A H L
NHS as N 610 mg/l
TKN as N 625 mg/I
NO2 plus NOS as N 630 mg/I
P: Totai as P 665 mg/I
PO4 as P 70507 309A
P. Dissolved as P 666 mg/1
Cd-Cadmium 1027 ug/I
CrChromium:Total1034 ug/1
Cu-Copper 1042 ug/1
NMIckel 1067 ug/1
Pb-Lead 1051 ug/l
Zn-Zinc 1092 - USIA
Ag-Sliver 1077 ug/l
AI -Aluminum 1105 ug/l
Be -Beryllium 1012 ug/1
Ca -Calcium 916 mg/I
Co -Cobalt 1037 ugA
Fe -iron 1045 ug/l
T S B I C U GNXX
Lf-Llthium 1132
ugA
Mg -Magnesium 927
mgA
Mn-Manganese 1055
ug/l
Na-Sodium 929
mgA
ArsenicTotal 1002
ug/l
Se -Selenium 1147
ug/l
Hg-Mercury 71900
USIA
Organochlorine Pesticides
OtgiumnAm ix,rus Pesticides
I i Acid Herbicides I
(Base/ Neutral Extractable Organics
bottle
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mg/l
pH
Alkalinity
Acidity
.1 -.
Air T re (C)
pH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1.
400 IN
82244 1431
82243 182242
Salinity %
Precipition (in/day)
Cloud Cover %
Wind Direction (beg)
Stream Flow Severity
TurbidltySeverity
Wind Velocity M/H
can Stream Depth ft.
Stream Width fL
480
45
32.
36
1351
1350
35
64
4
2—V-i e rz-b r c(rr 3 3 o n)_ T e.r
10/86

NORTH
/ ENVIRONMENT
NCDENR NOTICE OF VIOLATIO•
SEDIMENTATION POLLUTIO?
JAMES B. HUNTJR.
GOVERNOR May 24, 1999
WAYNE MCDEVITT
SECRETARY
ti
:ift ti.•I.e;i.i•{.?w:eF.�Ai`�~�._ � ..
.�...c v�LI
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Z 372 728 095
Z 37,'
J. S. Proctor Co. Employees' Profit
Jim P1
Sharing Trust az Pension Plan
#4 Ai
P. O. Box 6125
P. O.
Charlotte, NC 28202
Lake i
Z 372 728 097
Z 37S
J. S. Proctor Co.
J. S. F
John Proctor, Jr.
Susan
4218 Arbor Way -
1610
Charlotte, NC 28211
Chark
PROCTOR- TRACT - RUTHERFORD COUNTY
:AROLINA DEPARTMENT OF
4ND NATURAL RESOURCES
ASHEViLLE REGIONAL OFFICE
IS OF THE
CONTROL ACT
84
4C 28746
098
Management Co., Inc.
�i
Moorehead Street
IC 28207
On May 21, 1999, personnel of this office inspected the I,[ >�. Proctor Co. Employee's Profit
Sharing Trust 81 Pension Plan property near Lake Lure. 7 I i is inspection was performed to
11
determine compliance with the North Carolina Sedimentado Pollution Control Act of 1973.
The inspection revealed a land -disturbing activity of approz iately 6 acres being conducted.
It is our understanding that you and/or your firm are . i risible for this. land -disturbing
activity. The purpose of this letter is to inform you that his activity was found to be in
violation of the Act, NCGS § 113A-50 to 66, and Tide 151 1 North Carolina Administrative
Code, Chapter 4. If you feel that you are not responsible f the following violations, please
notify this office immediately.
The violations that were found are:
1. Failure to file an acceptable erosion and sedimentati I control plan with this office at
least 30 days prior to beginning a land -disturbing acl ity on a tract comprising more
than one acre; failure to secure this office's prior al �roval of the plan for any land -
disturbing prior to beginning the land -disturbing activi and NCGS § 113A-54(d)(4),
NCGS § 113A-57(4) and 15A NCAC 4B.0007(c) An erosion control plan for the
project has not been submitted to this office.
An acceptable erosion and sedimentation control plat
by this office and implemented on the site sufficient
Pending approval of the plan, temporary measures i
control erosion and prevent sedimentation damage
activities conducted without an approved erosion an
constitute additional violations of the Act. We will r
the plan if additional measures are required.
lust be filed with and approved
prevent offsite sedimentation.
,t be provided immediately to
kny additional land -disturbing
edimentation control plan will
fy you following our review of
INTERCHANGE BUILDING, 59 WOODFIN 1LACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER 50% RECYCLED/10% POST -CONSUMER PAPER

�: NCDENR
JAMES S. HUNTJR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
J. S. Proctor Q
Sharing Tust
P. O. Box 6'12.1
Charlotte, NC
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ASHEViLLE REGiOiVAL OFFICE
LETTER OF DISAPPROVAL
June 22, 1999
[AIL
CEIPT REQUESTED -
Z 372 728 -1 13
Employees' Profit Jim Proctor
E Pension Plan #.4 Arcade Building
'P. O. Box 384
8202 Lace Lure, NC 28746
372 728,114 Z 372 728 115
). S. Proctor Co? J. S. Proctor Management Co., Inc.
John Proctor, )rl Susan Zanghi
4218 Arbor Way .1610 East Moorehead Street .
Charlotte, N, C i 821 1 Charlotte, NC 28207
The soil -erosion and sedimentation control plan submitted for the project listed below has been
received. Based upon a thorough review of the plan and supporting materials, we find the plan,
as submitted, to be unacceptable and said plan is hereby disapproved by authority granted to
this office by NCGS § 113A-54(d) and Title 15A, North Carolina Administrative Code
4A.0004A(a)(2). The reasons for disapproval are listed and explained on the attached page
which is incorporated as a part of this Letter of Disapproval.
There are two options available to you as a result of this disapproval. You may submit a revised
erosion control plan for approval covering those items as outlined on the attached list. Under
authority of'NCGS § 1 13A-54(d) (4), this office has 15 days from date of receipt to approve
or disapprove your revised plan. The second option is to petition for a hearing before the
Office of Administrative Hearings.- The petition must conform to the requirement of N.C.G.S.,
Chapter 150B and be filed with the Office of Administrative Hearings, P. O. Box 27447,
Raleigh, NC 27611. A copy of the petition should be filed with the General Counsel, North _
Carolina Department of Environment at Natural Resources, addressed to P. O. Box 27687,
Raleigh, NC 2711-7687..
Pending approval of a revised plan or a decision on an appeal of the disapproval,
commencement of any land -disturbing activity associated with this project shall constitute a
violation of the N. C. Sedimentation Pollution Act (NCGS § 113A=51 to 66). Please contact
this office if:you have questions.
Sincerely,
t� k F
Richard A. Phps, P. .
Regional Engineer
RAP:a
-
Project name: Proctor Tract
Location: Rutherford Co.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE. NORTH CAROLINA 28801
PHONE [phone] FAX [phone]
,wu c.... w. n....-. •........�.. • wrrou et...r w�+..... e.. e. ..vr.. - ena. -.... ...v ____ __.. _....__ _._.-

Project name: Proctor Tract
Location: Rutherford Co.
Submitted by: Jim Proctor
Date received: 6/9/99
Person financially responsible: ). S. Proctor Co. Employees' Profit Sharing
i
1. Design calculations to size culverts, riprap aprons, and silt traps we
2. Construction detail drawings for all proposed sediment and erosion
be provided.
3. Stream side buffer zone protection must be specified.
1
4. Roadside ditch stabilization must be addressed.
5. The time limit for establishing a ground cover sufficient to restrain
90 calendar days as required by 15 NCAC .0107.
8T Pension Plan
provided.
measures and devices must
must be 15 working days or

JAMES B. HUNTJ..
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION 00 LAND RE
August 9, 1999
AUG 19 1999
J. S. Pr&tor Co. Employee's Profit
,Sharing Ti :A Pension Plan
P. O. Box 61
Charlotte, NC 28202
J. S. Proctor Co.
John Pro' r Jr.
4218 Arbor Way
I
Charlotte! NC 28211
LAND -QUALITY SECTION.
WAsHiNGTON PIGIN& - MI
Jim Proctor
#4 Arcade Building
P. O. Box 384
Lake Lure, NC 28746
J. S. Proctor Management Co., Inc..
Susan Zanghi
1610 East Moorehead Street
Charlotte, NC 28207
Re: : Civil Penalty Assessment for Violations of the Sedimentation Pol1ut"i6 n
Control Act'of 1973, N.C. General Statute 113' A-50 et sea..
qNvctoi TrEico Rutherford County
LQS 99-059
Dear Madam
Pursuant I
Ito
referenced A
Enviromiient
is attached.
Within thirty
. I
fbffowing*
(2)
Pursuant to I
initiated at !aM
Sue.qnna.S um
(828) 251-,60
filing of a 'got
Additional; W
To Pay the'
F.O. Box 2
AN
and Sirs:
3rth Carolina Administrative Code 15A 4A.00011 q seg. and the above-
t,. this .letter is notice of a civil penalty assessed by the Department I of
ad Natural. Resources (DENR).' The civil Penalty assessment document
30) days from the date of receipt of this letter, you must, do one of the
Pay the civil Penalty assessment; or
File a' written petition -fbr a -contested case hearing in :the Office of
Administrative. Hearings (OAR).
C. General Statute 150B-22, informal settlement negotiations may be
Im- To negotiate a ' settlement of this assessment, present your offer to
'er, Assistant Attorney General who may be contacted by ,telephone at.
1. Settlement offers do not extend the 30-day deadline for payment or
,sted case petition.
=tion about your options is provided below.
,
4PAYNI ENT
Ity, send your payment by chick or money order made payable to the
LAND QUALITY SECTION (9 19) 733-4S74 FAX [phone]
GEOLOGICAL SURVEY SECTION [phone] FAX [phone]
RALEIGH, NORTH CAROLINA 27611-7687 TELEPHONE [phone] FAX [phone]
OPPORTUNITY /AFFIkMATIVE ACTION EMPLOYER -SO% RECYCLED/1 O-)e Pos-r-coNsumER PAPER

CERTIFIED MAIL
J. S. Proctor, Profit Sharing
Trust and Pension Plan
Page 2
August 9, 1999
North Carolina Department of Environment, and Natural Resources
Assistant Attorney General, North Carolina Department of Justice, Ei
124 College Street, Suite 300, Asheville, North Carolina 28801. Ms.
resolution of this civil penalty assessment.
APPEAL
If you file a contested case petition, it must be in writing and in the
Statutes 150B-23. File the original petition and one copy with:
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
Any questions about filing a petition may be directed to the Clerk of
You must serve DENR by mailing a copy of the petition to:
Mr. Daniel F. McLawhorn
Registered Agent and General Counsel
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Payment of this penalty will not foreclose further enforcement action
if the violations which resulted in this penalty assessment are contin
right to assess additional civil penalties in the future, or take other el
Your attention to this matter is appreciated.
Sincerely, --
lkAlo-u
"M
Francis M. Nevils, Jr.,
Section Chief
Land Quality Section
sbf
cc: Bill Noyes, Sediment Specialist
Richard A. Phillips, P.E., Regional Engineer, ARO
Sueanna Sumpter, Assistant Attorney General
DENR) to Sueanna Sumpter,
'onmental Protection Division,
meter represents DENR in the
prescribed by N.C. General
telephoning [phone].
you for any new violation.
nature, DENR reserves the
ent action against you.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES -
COUNTY OF RUTHERFO LQS 99-059
7
IN THE MATTER OF: )
J. S. PROCTOR COMPANY EMPLOYEE'S ) CIVIL PENALTY ASSESSMENT
PROFIT SHARING.'TRUST AND PENSION ) .
PLAN )
FOR VIOLATIONS OF: )
THE SEDIMENTATION POLLUTION )
CONTROL ACT OF 1973 )
Acting pursuant to North Carolina General Statutes ,(N.C.G.S.) J 13A-64(a) -and North
Carolina Sedimentation j Control Commission (Commission) Rule Title 15A North Carolina
Administrative Code (NCAC) 4C .0003,. I, Charles H. -Gardner, Director of the Division of Land
Resources, make the following:
L- FINDINGS OF FACT -
A. The subject property is located near Lake Lure in Rutherford County, 'North
Carolina. The project isknown as the. Proctor Tract.
B: The owner of record is J. S. Proctor -Company Employee's Profit Sharing, Trust
and Pension Plan.
C. On May 2' 1999, a duly authorized representative of the Land Quality Section
(hereinafter_ "LQS "), Northl Carolina Department of Environment and Natural. Resources
(hereinafter "DENR"),, ihspected the subject property and . determined that a land -disturbing .
activity had. occurred on the site, in violation of the 'Sedimentation Pollution Control Act -
(hereinafter "SPCA") of 1973 (G:S.,113A-50, .et se�..Ic ).
3
D. The land -disturbing activity was conducted for residential purposes .and- covered
approximately 6.0 acres.
I

E. On May 24, -1999, the LQS Regional Engine,
(hereinafter "Notice") to J. S. Proctor Company Employee's Pi
Plan, Jim Proctor, J. S. Proctor Company and J. S. Proctor Man
mail, return receipt requested, which was received on May 26, 19
1999, respectively, and which cited violations of the SPCA. A
hereto and incorporated herein by reference. The Notice requir
stated therein be completed by June 3,.1999.
F. A compliance inspection was performed on June 7,
be in violation'of the SPCA. Subsequent inspections conducted
1999 determined that the site remained in violation of the SPCA.
G. Sedimentation damage was noted during inspectioi
dates: June 7, 1999 and July. 22, 1999.
H. On June 8, 1999, the LQS Regional Engineer sent a
(hereinafter "NOAV") to J. S. Proctor Company Employee's Pro
Plan, Jim Proctor, J. S. Proctor Company and J. S. Proctor Mangy
mail, return receipt requested, which was received on June 8, 1999
and June 14, 1999, respectively, and which cited an additional vi,
of the NOAV is attached hereto -and incorporated herein by referen
the corrective measures stated therein be completed by June 21, 1
I. On June 8, 1999, the LQS Regional Engineer sent a
to J. S. Proctor Company Employee's Profit Sharing Trust and Pi
Proctor Company and J. S. Proctor Management Co. by certified
II. CONCLUSIONS OF LAW
Sent a Notice of Violation
Sharing Trust and Pension
went Co., Inc., by certified
May 28, 1999 and June 1,
ry of the Notice is attached
:hat the corrective measures
and the site continued to
ie 23, 1999 and July 22,
on the following
lice of Additional Violation
Sharing Trust and Pension
ment Co., Inc. by certified
me 9, 1999, June 10, 1999
tion of the' SPCA. A copy
The NOAV required that
e of Continuing Violation
. Plan, Jim Proctor, J. S.
return receipt requested.
A. A civil penalty may be assessed against J. S. Proctor Clompany Employee's Profit
Sharing Trust and Pension Plan pursuant to North Carolina Gener Statute 113A-64(a) for the
Violations committed on the subject property. `
B. From June 1, 1999 through July 22, 1999, violat ns of one or more of the
requirements of the SPCA or the rules adopted thereunder existec on the subject property as
follows:
1. N.C.G.S. 113A-54(d)(4), -N.C.G.S. 113p, �57(4), and 15A NCAC
4B.0007(c) were violated where on a tract larger th, n one acre, an erosion and
sedimentation plan was not filed at least 30 days t 40re the initiation of land
disturbing activity and/or land disturbing activity was 6gun prior to plan approval.
2. 15A NCAC 4B .0005 was violated for fa Lire to take all reasonable
measures to protect all public and private property fi in damage caused by land -
disturbing activity. ��

i
3. N.C.'G.S. 113A-57(1) was violated for failure to provide in proximity to
a lake or natural watercourse, a buffer zone as defined in 15A NCAC 4B .0025.
4. 15A NCAC 4B .0013 was violated for failure to maintain all temporary and
permanent erosion and sedimentation control measures and facilities during
developments of a site.
M. DECISIONS
I
A. Pursuant to N.C. G.S. 113A-64(a) and the authority delegated to me by 15A NCAC
4C .0003, I, Charles H. Gardner, Director, Division of Land Resources, do hereby assess a civil
penalty against J. S. Proctor Company Employee's Profit Sharing Trust and Pension Plan in the
amount of $ ZG o. o o per day for the 52 day period beginning June 1, 1999, the day the
Notice of Violation was received and ending. on July 22, 1999. The total penalty amount is'
$ / 3�.r 20, ov,. I ,
B. In determining thearnount of this penalty, I have considered the criteria in 15A
NCAC 4C .0006 and MC.G.S. 113A-64(a)(3).
C. I hereby put J. S. Proctor, Profit Sharing Trust and Pension Plan on notice that
I reserve the right to initiate further enforcement action for any violations occurring after July 22,
1999.
- f
Date ' Charles H..Gardner, Director

VnLU'A'M F WoiCoTT, III* •. Telephone: ($2$) 236-12I3
E1TIDREA R DRAYFacsimile:' (828) 23B&1275 • •
*DRC Certified Mediator Website: WWW' wolcottdray.com
26 September 2000
William Clarke' :
ROBERTS & ST YENS-NWOf Re-8
oar 1647
Asheville, NC 28802
Suanna P. Sumpter'-. p
• A�si'starit:Atto�ie�•,Celeral= .:.' '.:. •. .. •• ��, C3��lG� .
State of'N6±th' CarolinaSST
Mpartinent of Jtistice .
1.24 College Street, • Suite 8'00
Asheville, NC 28801
RE; Rutherford County )Mi Xa ;;00-HEM582
J:S. Proctor Co",Ei pli3 ee's. Pxo ii 5hariug gust
Moth Carolina. Department: o£ Eiivironm,ent and
Natural •Resources;JDivtsioi;pfater,QuaIity
Dear Nl'x: •Clarke and MV . Suiupter:.
This letter is to confirm. the-Mediatecl•Se.,le _ to -the
�_...�. nfer rye
- ..
• exit Co ence with Bard
above-re£ereced:casE=has;=eei.+scheciiei,for ThizrsaOctober 19, 2QO� at:.30 .
a.m.. at the af€ice of William K W4ICofl, X- .located bi Suite 206 of the- Bank of
Asheville Building at 79 • oodfin'Place.iii Asheville',•NC.
itwould .be:helpful to 1Vkr WUbCOtt': f:yd- of any. relevant matErial
with regard to said: c setpriar. to the;zi+eation:
Thank you for your attention to *M6 mA ter:
Sincerer
Re a Saims, Paralegal,for,
Attorney Williams F. •Wokott, III•
contirm.date Itr.mediation.doc

� Oct
100 8:37 P.01/02
�EiJ2A�41rY� Q� �1i0t17CE
MICHAEL F EASLEY SUitfl 300 ,
A"°rna' General 124: GollVe Street
Asheville, NC 2-8801
Western Office
Phone_ (828) 2661.6083
Fox: [phone]
(Vote: The InfommUon contafaed in -thls fadslmild mdssa'Qe Ist.onfidentlal Info�iaifon intended only for the use
of the Individual or.entlty ndrn. 90 below. , If .the.rea#dae;of'th'Is message Is d ti the Intended recipient, you are
hereby nottfled that any dissemination; distrlUtdio, orcopy of thta.telecopy fs`st�fetly prohibited. If you have
received tills .telacupy In error, phase itnmuiJ(ataly,noVfwus ;by telephony a �d return the, original message to
us at the address aboive via Unitdcf states PQataF:$ervlEe. lrtianli•you.
/A .
DATE: October 3,1060
TO:' Forrest, R. Westatf
•'r
S'
3
1itoge'r ,Edv�artl
p a s
FAX NUMBER.. Fax.. taAo) 451-0452
FROM: Sueahna -PSumer
Aelslstant Attorney:General
Attorney Genera l's. °W"tern Office
SUBJECT: J'.S. Proctor v. OEN:R:
OAW File Igo: WEW 0582
NUMBER OF PAGES INCLUDI•NG'COVER. SHEET:
COMMENTS
I am attaching correspondencel'recetved con*. ing•t
above -referenced • case.
Thank you.
b mediation date in the
AnEqual Oppartuni '/AffirmativeActian'Employ

d: Delivery Status Notification]
I
Subject: [Fwd: Delivery Status Notification]
Date: Thu, 12 Oct 2000 15:16:48 -0400
From: Mike Parker <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: "DENR.WQARO.DWQ" <[e-mail]>
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-0400 From: Mail Delivery Service To: [e-mail] This multi -part MIME message
contains a Delivery Status Notification. If you can see this text, your mail client may not be able to
understand MIME formatted messages or DSNs (see RFC 2045 through 2049 for general MIME
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Message -ID: <[e-mail]> Date: Thu,, 12 Oct 2000 14:42:56 -0400 From: Mike
Parker Organization: NC DENR - Asheville Regional Office X-Mailer: Mozilla 4.61 [en] (Win98; I)
X-Accept-Language: en MIME !Version: 1.0 To: "DENR.WQARO>DWQ"@ncmail.net Subject:
Turbidity Standard Content -Type: multipart/mixed;
boundary="------------08B7CF390755FC3813DF198F" This is a multi -part message in MIME format.
----08B7CF390755FC3813DF198F Content -Type: text/plain; charset=us-ascii
Content -Transfer -Encoding: 7bit Forrest called and said thetCorninission agreed- with the ALJ-bri the
iturbidity-standard-issue and thatif LQ BMP's aren_gm- e beit that t mnd does noeathiffihe-turbiity;
,standard -is being met_ EMC said turbidity is_a separate issue"from LQ BMP's, _ DWQ can measure'
{'turbidity violations -even ifLQ BMP's are iri compliance .'Additional; info to follow in the -future. --
Mike-Parker = Mike.Parker@ncmail.-nef North -Carolina Dept. of Environment and Natural Resources
Asheville Regional Office Division of Water Quality - Water Quality Section 59 Woodfin Place
Asheville, NC 28801 Tel: [phone] Fax: [phone]
--------------08B7CF390755FC3813DF198F Content -Type: text/x-vcard; charset=us-ascii;
name="Mike.Parkenvcf 'Content -Transfer -Encoding: 7bit Content -Description: Card for Mike Parker
Content -Disposition: attachment; filename="Mike.Parker.vcf' begin:vcard n:Parker;Mike
tel;fax:[phone] tel;work:k8-251-6208 x-mozilla-html:FALSE org:NC DENR - Asheville
Regional Office;Division of Water Quality - Water Quality Section adr:;;59 Woodfin
P1ace;Asheville;NC;28801;USA version:2.1 email;internet:[e-mail] fn:Mike Parker
end:vcard -------------- 08B7CF390755FC3813DF198F--
--__==39BCD3C5000AF568/scc037.sips. state.nc.us--
1 of 1 i 10/12/2000 3:26 PM

VA ALM F WOiCOTT, III* : ' •; " ' Telephone: ($28) 2$6 ];2I3
ANDREA F DRAY acsitnilc:' (828) 236'=I275
*DR( Certified MediatorWebsite: NV'VVW woleottdray eom
25 September 2000
William Clarke
ROBERT & ST VANS -�
.. • �'o�i-office B-o��`64 7. _...:._.. • :'.... -•--:...._ .. ��._`._�_ .. —� ---���,�.�� ' _' _.,__�_-.. _
Asheville, NC 28802
Suanna P.. Sumpter'-.
State oaf North Caiioiiaral= : ' I pr��IG
Department of Jtiati:ce
124 College Street, • Suite 3.00
Asheville, NC 288Q1
RE: Rutherford County File No; ;.00-'H R: Q582
J;S; Proctor Co`'giiiplayee'�.:Pxoi"it Sharing Trust
North Carolina Departinent' of.-Eiivirofirnent and
Natural Resources; Div Sioubf Water•Q.tial ty:
Dear Mr;Clarke and Ms. 8ihlaptei:.
This letter is to confirm the Mediated-Seti le nt _Conference with regard to
above-re£erex ced':case=has -been. sch6duled',for.Thu.raday,. Oetober 19,' 200 at 6
:30 .
a.m. at the office of'Wil.l i-m P: wolcot't; ZII, .located. tii.+Suite'206 of.the- Bank of
Asheville Building at 79 •W-oadfin;Plaae.iii P sh- vle,'NC.
It would .be 1elpful to 11r;.; WoKo��:if * O:wou}d.:sehc-,bopies, of any relevant material
with regard to said: caso .prior. tQ tie ; 7 etliat
Thank you for your attention to'thzs' matter.
4Sincerel ,
e
Re a Sams, Paralegal far
Attorney Williaxta. f+', Wolcott, III '
Corig.l m.date.Itr.mediation.doc

r
�#ttte of Yort4 Tarolin t
Department of J1LStire
MICHAEL F. EASLEY Suite 300 Western Office
Attorney General 124 College Street
Phone: [phone]
j Asheville, NC 28801 Fax: [phone]
-- MEMORANDUM --
TO: Kerr T. Stevens
Director, Division of Water Quality
Forrest R. Westall, Regional Water Quality Supervisor
FROM: Sueanna P. Sumpter
- Assistant' Atto rney General
DATE: August 22, 2000
RE: J.S. Proctor Co. Employees Profit Sharing Trust
Rutherford County
OAH File No: 00-EHR 582
I am sending'to you copies of the Notice of Hearing setting the above -referenced
case for hearing on September 5, 2000 at 9:00 a.m. in the, Rutherford County Courthouse,
Grand Jury Room, 601,!North Main Street, Rutherfordton NC.
The following perso
Kerr T. Stevens,;Dil
Forrest R. Westall,
Roger Edwards, 1 W:
Gary Francies,. Che
Sherill Harris, Cher
Richard A. Phillips,
Charles Koontz. je
Please let me kno
available on the data prop
Thank you.
/Igg
Enclosure
xc: Richard A. Phillips
may be called to testify at.the hearing:
?ctor, Division of Water Quality
regional Water Quality Supervisor
stewater Consultant, ARO
nist, ARO
ist, ARO
Regional Engineer
hnician, ARO
immediately if any of the persons listed above cannot be
ad.
AU. 2 3 2000
ASH�VlL1E LIAIJ,`,
REG1QtyA�GT- .
An Equal Opportunity [Affirmative Action Employer
Ar i

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Aug 17 9 29 AM 2000
STATE OF NORTH CARO L INA
COUNTY OF RUTHERFORD
J. S. Proctor Co.' Employees Profit
Sharing Trust
Petitioner
VS.
N. C. Department of Environment and
Natural Resources, Division of Water
Quality
Respondent
REGEIVEiD
:,'AUG-2 I 2M
IN THE OFFICE Or _S `fin C'FFI"F
ADMINISTRATIVE HiM
00 EHR 0582
NOTICE OF HEARING
G.S. 15011-23(b)
NOTICE IS HEREBY1GIVEN that the above -captioned case will be brought on for
hearing before the undersigned administrative law judge on September 5, 2000, at 9:00 a.m. in
the Rutherford County Courthouse, Grand -Jury Room, 601 North Main Street, Rutherfordton,
North Carolina.
1. This hearing will be conducted in accordance with G.S. Chapter 150B and the Rules of
Contested Case Hearings in the Office of Administrative Hearings, copies of which
may be obtained at cost from Molly Masich, Director of APA Services or by accessing
the OAH Web page at jwww.oah.state.nc.us/hearings/hearOl.htm#0101.
i
2. Unless otherwise determined by the administrative law judge, the hearing will proceed
in the following sequence:
a. Call of the case
b: Motions and other preliminary matters
C. Stipulations, agreements, or consent orders entered into the record
d. Opening statements
e. Presentation of evidence; cross-examination
f. Final arguments
3. All parties are hereby aotified to bring to the hearing all documents, records, and
witnesses -needed to present the party's case.
NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE PRESENTATION
OF EVIDENCE, THE PARTIES ARE RESPONSIBLE FOR MAKING.,
ARRANGEMENTS FOR THE EQUIPMENT.
l
4. Subpoenas may be available to the parties pursuant to 26 NCAC 3 .0113 to compel the
attendance of witnesses or for -the production of documents.

5. A party may represent himself or be represented by an attoi
represented by an attorney must file a Notice of Representa
service of this Notice containing the name, address, and tel
attorney, unless the attorney has already corresponded with
this case.
TAKE NOTICE THAT A FAILURE TO APPEAR AT THE
1. A finding that the allegations of or the issues set out in
true or deemed proved without further evidence;
2. Dismissal of the case or allowance of the motion or petiti
3. Suppression of i claim or defense; or _
4. Exclusion of evidence.
NOTICE OF CANCELLATION OF HEARING
THE PARTIES MUST NOTIFY THE OFFICE OF ADMI
AT LEAST 24 HOURS PRIOR TO THE CANCELLATION OF
HEARING. FAILURE TO GIVE TIMELY NOTICE OF CANC
IN A CHARGE TO THE PARTIES FOR THE COST OF THE C
HEARING ASSISTANT. SEE 26 NCAC 3.0122(2).
This the 17th day of August, 2000.
teecher R. Gray
Administrative L
r. A party who is
i within 10 days of
.one number of the
s Office concerning .,
VG MAY RESULT IN:
otice may be taken as
iTRATIVE HEARINGS
IE CONTESTED CASE
LATION MAY RESULT
JRT REPORTER OR

i
j
IiNt Gi.wv.LL
I
�tWL, of �Kort4 (�arnlina
. � dk E�.12IrtTCTEll"t Lif J1TSfILE
MICHAEL F. EASLEY Suite 300 Western Office
Attorney General 124 College Street Phone: [phone]
Asheville, NC 28801 Fax: [phone]
- MEMORANDUM --
TO: Kerr T. Stevens, Director, Division of Water Quality
Forrest R. Westall, Regional Water Quality Supervisor
Asheville Regional Office
FROM: Sueanna P. Sumpte
Assistant Attorney 9®ra(l
DATE: June 5, 2000
RE: J.S. Proctor Co. Employees Profit Sharing Trust
OAH 00 EHR 582 Rutherford County
I am sending to you copies_ of the scheduling order entered by the Administrative Law Judge
in the above -referenced conte' fed case..."Aslyou will. note, the hearing in this matter will be. held the
week of September 4, 2000, in Asheville; North Carolina.
The following persons may be called to testify at the hearing:
Kerr T. Stevens, Director
Division of Water Quality
I
Forrest R. Westall, Regional Water Quality Supervisor
Asheville ;Regional Office
Roger Edwarlds
Wastewater Consultant DWQ, ARO
Gary Francies, Chemist
Laboratory Section, ARO
Sherill Harr i I, Chemist
Laboratory Section, ARO
.Richard- A. Phillips, Regional' Engineer
Land Quality;. Section, ARO D
Charles Koo><itz,Technician JUN 6
Land_ Quality Section, ARO 2000 L
�m
AsWAEVI TERPUAClTY
REG10. E�T IOA1
cQCE
An Fnuni Onnnrtunity / Affirnnntive Action EMDlover �~

J
--MEMORANDUM--
Page Two (2)
June 5, 2000
I
I
Please let me know munediately if any of the persons listed above cannot be available on the
date proposed.
I .
Thank you.
SPS/Igg
Enclosure

i
i
STATE OF NORTH CAROLINA
I
COUNTY OF RUTHERFORD
FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Apr 28 9 17 AM 2000
J. S. Proctor Co. Employees Profit )
Sharing Trust )
Petitioner, )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0582
V. ) SCHEDULING ORDER
N. C. Department of En Vironment and )
Natural Resources, Division of Water
Quality )
Respondent. )
The undersigned has established the following Scheduling Order. This Scheduling
Order may be later amended in the discretion of the Administrative Law Judge, based upon
information provided in the parties' Prehearing Statements. The parties will be notified of
any changes by way of an Amended Scheduling Order.
1. The hearing for this contested case will be in Asheville, North Carolina, for the
week beginning September 04, 2000. At least 15 days prior to the hearing the
Administrative Law Judge will mail to the parties a more specific notice of the
date, time and location of the hearing.
2. Discovery;shall be completed on or before August 21, 2000.
IT IS SO ORDERED.
This the 28th day of April, 2000.
i
i
Becher R. Gray
Administrative Law Judge
RECEIVED
OFFICE OF GEN

MICHAEL F. EASLEY
AHarney General
I
t -
02
i
• �'•raLw#"•
I t aEXfff.�traixzrxrx
• ���utinen# ;af �uetuce .
Suite' 30(T Western Office
124. College Street Phone! [phone]
' Asheville, NC 28801 fax: [phone]$38
Note: The Information contairied;
of the Individual or entity .name
hereby notified that any dissem
received this .telecopy In error, �
us at the address above vla brilt
c
i thls fac'simlle messagp Is --confidential Information Intended only for the use
:•below.; If'the.Teader;6fth•Is message is not the Intended reclplent, you are
iabo.n; distrlbutror-or copy of this.teledopy is strictly prohibited. If you have
ease itnmaclfetal'y,aotlfy:us y telephone and return the. original message to
ostatea PostaF:Servlce.' Thank -you. Z�
DATE: Gctobar 3, 2000
TO: Forrest R.-West-all.'
roger EdiMar�lx?
'�����,�
FAX NUMBER: Fax: (8.28) 25.1=6452
�oF`
.
c
FROM: Sueanna -Pi SOmpt6f . '. .
Ass.istent Attorney Q. neral
Attorney GeheraPs. Western Office
SUBJECT: J.S. Proctor v. b.ENR:
OAW File N`o: OTEHR 0582
NUMBER OF PAGES INCLUDING C0•VtFt SHEET: 2
COMMENTS
1 am attaching correspondence •1•'r6601ved confitming.the mediation date in the
above -referenced -case.,
Thahk you.
An Equal Opportunity/Affirmative Action'Ernplayer
c

121001
0
06/07/00 WED 09:38 FAX. [phone] 'Children's Hosp.Specialt
_ 3118 [-astManM QUM,
Spa-awurg, 5C 29302
86"83,5454
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Date*.,
Re:
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13 Please Reply ❑Please Recycle

06/07/00 WED 09:38 FAX 864, 583 7181 Children's Hosp Specialt Q 002
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06/07/00 DYED 09:39 FAX [phone] Children's Hosp.Specialt Z 003
II
EXEMPLA,RY+NA.TL AL COMMUNITIES AND RARE SPECIES
KNOWN FROM THE POOL CREEK WATERSHED
i October 1997
- Compiled by: Shawn Oakley, Natural heritage Program, N.C. Division of Parks and Recreation
Worlds Edge/Sugarlonf M_ ountain. National significance.
Low Elevation Granitic Dome cosn�munity (A -ranked) with basic glade areas. Contains BiI more
sedge (Carex bflintoreana) (B-ranked). Underexplored. High potential for other rare rock
outcrop plants. . ';
Montane Oak --hickory Forest community (BC -ranked). Extensive examples correlated with
anaphibolite geology are scattered.on middle and upper slopes in the watershed on flanks
of Sugarloaf Mountain, Chimney Rock Mountain, Cane Creek Mountain, and headwater
regions of Pool Creek. White irisette (&Winchium dicltotomtan) at scattered locations
(A -ranked). Broadleaf coreopsis (Coreopsis laiifolia) at numerous locations from 1500 to
3000 feet elevation, an extensive population (A -ranked). Probable location for Porter's
reedgrass (Calahtagrosus por. teri) reported from east slope of Sugarloaf Mountain (A, --
ranked).
Chestnut Oak Forest coinm unity (BC -ranked). Extensive on dry slopes in watershed where not
influenced by_amphib6lite geology. Old patches and stands occur at various locations in a
matrix of mature good quality second generation forest.- Yellow honeysuckle (Lonicera
flava)(A ranked) reported as small numbers at 2000 feet elevation in watershed and
abundant at top',ofJu�des Gap Mountain. -
Pine--OaWHeath (A-ranked)l At Worlds Edge area and on upper ridgecrests in the watershed.
Biltmore camon-flower (Smilax hilirnoreatta)(A, ranked) concentrated near Worlds Edge.
Other lants: Earle's blazin -star Liairiss uarrulosa and'shale-barren blazing -star (Liairis
Oth p g ( q )
turgida) on forested roadsides along SugarloaFMountain Road.
>. ** Site is in need of animal survey and has high potential for rare animals known from Chimney
°{ ::Rock Park: ai1d. Cane Creek Mountain. '
.: -
�'L 4ti•.i:'. i?x 'X•ji.`rIKO• TI;i
wane Cree 01111tain. State significance. '
Montane, Oak --Hickory Forest community (B-ranked}. Extensive and exemplary. Contains small
.numbers of white lrisette (Sisyrinchium dichotonnim) on west -facing, lower slope forests
at 1400-1600 feet elevation-
' Chestnut Oak Forest corimmuniiy (B-ranked). Small numbers of Biltmore sedge (Cm ex
- bitimgreana) onupper west -facing slopes.
a. Canada`Hemlock Forest.pornmunity (B-ranked). Good quality eucample west of Chalet Club near
Pool Creek.
Fissure Cave.- Small caves and rock houses identified on upper west-facirig slopes are habitat for
possible new -to -science species of biistletail (Litacampa'sp.) and other uncommon cave -
obligate invertebrate species.
Green salamander (Aneides aenetrs) -reported from west facing; upper slope forests at 1800 feet

06/07/00 ,WED 09:40 FAX. [phone] Children's Hosp.Specialt I1004
Suggestions:
1. Provide.good maps. \
Z. Provide letters of landowl hers, citizens, municipalities, Chimney Rock Park?, in support of
watershed protection.
3. Stress the total benefits of protecting the watershed' (i.e:, the more bang for the buck angle):
a) protect water supply; b) reduce sedimentation in surface water; c) ,protect parts of three
significant natural areas and rare species populations and also forms connections/greenbelt
areas between the core portions of those natural areas; d) scenic and esthetic values_
J

06/07/00 WED 04:40 FAX 864 583
��1• . •r' i
elevation.
'
''
' Southern Appalachian -woody
forests on west slope`
Potential for rare species: Go
known from the north
cage -obligate inverteb
rare species.
plant
Chimney Rock Natural Are
contain• �
• i
Low Elevation Granitic Don
of Chimney Rock MI
Rock Park boundary
(Solidago simulans),
(Fothergilla rirajor) i
edge of Pool Creek I
Montane Oak's -Hickory Fore
scattered on east; slot
Contains scattered•bi
(Smilax bittmoreand
Acidic Cove Forest. MOure
• lower slopes. Some
rugged areas strewn
:i' _ .'•lZnd+n»iaee pnhle 17natei-arA
forits,large'potholes forined
stream bedrock intersect!
animal species in ,the
� , • greet! salamander (Aneides a
Southern Appalachian wood
Concern and Federal
Rare plant species in the P
'`• : white irisette {Sisytinchium e
granite dome goldenrod (Sol
locations in North Ca
large witch -alder (Fothergill
divided -leaf ragwort (Sefiech
yellow honeysuckle (Lopicer
Porter's reedgrass (Calamag
Biltmore sedge (Carex hd m
broadleaf coreopsis (Coreop.�
7181 Children's Hosp.Specialt ,
it (Neotoma floridana haematoreia) reported from active nests in
from 1600-2000 feet elevation.
id potential for southern pigmy shrew (Sorex hoyi idmiemana)
end of Cane Creek Mountain; for as-yet-undescribed species of
-ates in small fissure caves; and for additional locations of several
National significance. Areas not owned by Chimney Rock Park
e community (C-ranked). Occurs on upper southeast -facing slopes
'untain and on northeast -facing slopes in vicinity of eastern Chimney,
. Biltmore sedge (Carex biltmoreana), granite dome goldenrod
divided -leaf ragwort (Seneciv millefolium), and large witch -alder
occur near Chimney Rock Park boundary (possibly within it) and at
Correlated with amphibolite geology./ Extensive examples
of Chimney Rock Mountain and in Wolf Creek Watershed:
deaf coreopsis (Coreopsis latifolia) and Biltmore carrion -Sower
examples in upper portion of Wolf Creek tributary of Pool Creek, on
Teas are very mature, approaching. old -growth. Some very steep,
vith boulders in uppermost reaches of stream.
I Natural Heritage Area.. A unique site of geomorphic significance
by swirling and scouring of water and -gravel where fractures in the
DI Creek Watershed:
zs). State Endangered/federal Species of Concern.
(Neotoma floridana haentatoreia). North Carolina Special'
ecies of Concern. Populations declining rangewide.
DI Creek Watershed:
chotomum).`State and Federally endangered.
logo simulmis). State Candidate for listing. Known from only four
ohina and less than 20 locations worldwide.
major).' State Candidate for listing.
millefolium)_ Stag .Threatened and Federal Species of Concern.
flrrva). Significantly 'rare in North Carolina.
7stis porteri). Significantly rare in North Carolina,
-eana). Significantly rare in North Carolina. .
r latifolia). Significantly rare in North Carolina.
[] 005

06/07/00 WED 09:41 FAX 864 58�3 7181 Children's Hosp.Specialt
Earle's blazing -star (Vgtris square ulosa)_ Significantly rare in North Carolina.
shale -barren blazing -star (Liatris turgida). Significantly rare in North Carolina.
Rare animal species I; ecies 3ote 1 tiallY occurring in the watershed:
�
southern.pigmy shrew (Soy -ex hoyi wiwrelnana)
caerulean warbler (laendroica ceridea)
Rare plant species potentially occurring in the watershed: Numerous rare plant species
known from forests anal outcrops in Clumney Rock Park are potential.
Reasons for watershed protection:
Watershed protection would protect the water supply for the Town of Lake Lure as well as
produce economic benefits by reducing problems caused by sedimentation in Lake Lure_
Protection of the watershed is also an uncommon opportunity to provide protection for several
highly significant natural areas and rare species populations in Hickory Nut Gorge, which is
largely unprotected.
1. Watershed protection would help to maintain the ecological integrity of the exemplary natural
community types that are present_ These are habitats for numerous rare plant and animal species.
The clustering of significant sites with multiple rare species occurrences in the Pool Creek
Watershed, is an uncommon situation in North Carolina.
2. Protection of the watershed would help maintain population levels for species that are sensitive
to disturbance. Examples include the green salamander which depends on undisturbed forest
habitats and the Southern Appalachian woodrat which is secretive and will abandon habitats
which are disturbed.. `
3. Watershed protection) would provide essential linkage between sign fcant sites. The Worlds
Edge/Sugarloaf Mountain, Chimney Rock Park Natural Urea, and Cane Creek Mountain
ecological sites would be substantially enhanced if they are linked to each other by a natural
landscape.
ilk
1@006

06/07/00 FED 09:41 FAX [phone] Children's Hosp.Specialt Q 007
SCIENTIFIC AND STATE FED. SPATE GLOBAL
COMMON NAMP PROT. PRAT. RANK RAMC
*�* Rutherford County
** Vertebrates
ANEIDES AENEUS
GREEN SALAMANDER
CORVUS CORAX
COMMON RAVEN
CYPRINELLA ZANEMA.POP 1
SANTEE CHUB -- PIEDMONT POPULATION
DENDROICA CERULEA
CERULEAN WARBLER
FALCO PEREGRINUS
PEREGRINE FALCON
LANIUS LUDOVICIANLTS .
LOGGERHEAD SHRIKE
MYOTIS LEIBI1
EASTERN SMALL -FOOTED MYOTIS
XYOTIS SEPTENTRSONALIS
NORTHERN MYOTIS
MYOTIS SODALIS
INDIANA MYOTIS
NEOTOMA VLORIDANA A& MATOREIA
SOUTHERN APPALACHIAN WOODRAT
OPHEODRYS VERNALIS
SMOOTH GREEN SNAKE
PEROMYSCUS POLIONOTUS
OLDFYELD MOUSE
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ENOIIAIA ANTHEDON 1
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** Vascular plants
AGALINIS DECEMLOBA
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ARABIS PATENS
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BLUE RIDOE BINDWEED
CARDAMINE DYSSECTA
DISSECTED TOOTHWORT
CAREX BILT14ORPANA
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COREOPSIS L,ATIFOLIA
BROADLEAF" COREOPSIS
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06/07/00 WED 09:42 FAX [phone]
Children's Hosp.Specialt,
SCIENTIFIC AND
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I

06/07/00 WED 09:42 FAX 861
58�a 7181
a
SCIENTIFIC AND
COMMON NAME
I
THERNOPSIS MOLLIS I(SENSU STRICTO)
AISPALACHIAN GOLDEN -BANNER
TRICHOPHORUM CESPITOSUM�
DEERIiAIR BULRUSH
TRILLIUM SI-XILE
SWEET WHITE TRILLXUNi
*.* Nonvascular plants
BARTRA;MIDULA WILSON:
DWARF APPLE.MOSSI
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ROCK GNOME LICHEN
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GRANITIP FLATROGK
LOW ELEVATION GRANITIC DOME
l
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MONTANE ACIDIC CLIFF,
MONTANE i+lA'@'IC CLIFF
'XONTANE OAK --HICKORY FOREST
PINE-- OAK/HEATH
RICH COVE FOREST
SPRAY CLIFF
t
** Geologic fsatureS;
BORNHARDT
CAVE (FISSURE CAVE)
CAVE (FISSURE)
Children's Hosp.Specialt
U 009
STATE FED.
STATE
-GLOBAL
PROT. PROT.
RANK"
RANK'
SR
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I
ve Natural Heritage Program
NC Division of Parks. a2Yd Recreation
1
January 1995
A

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Apr 28 9 17 AM 2000
STATE OF NORTH C
COUNTY OF RUTHE
J. S. Proctor Co. Empl
Sharing Trust
Petitioner,
)LIMA
RD
Profit
V.
N. C. Department of Environment and
Natural Resources; Di ision of Water
Quality
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0582
The undersignedl has established the following Scheduling Order. This Scheduling
Order may be later•amended. in the discretion of the Administrative Law. Judie, based upon
information provided in the parties' Prehearing Statements. The parties will be notified of
any changes by way of an Amended Scheduling Order.
1. The hearing for this contested case will be in'Asheville, North Carolina, for the
week beginning September 04, 2000. At least 15 days prior to the hearing the
Administrative Law Judge .will mail 'to the parties a more specific notice of the
date, time and location of the hearing.
2. Discovery shall be completed on or before August 21, 2000.
IT IS SO ORDERED.
This the 28th day of April, 2000.
Becher R. Gray
Administrative Law Judge
C.
�nvrrort ��''�-
mental
RECEIVED .
OFFICE OF GERFRAL COUNSEL..

On this date mailed to:
William Clarke
Roberts and Stevens PA
Attorneys at Law
PO Box 7647•
Asheville, NC 28802
ATTORNEY FOR PETITIONER
Secretary William E. Holman
N. C. Department of Environment and
Natural Resources
Attn: Daniel F. McLawhorn
512 North Salisbury Street
Raleigh, NC 27611
RESPONDENT
This the 28th day of April, 2000.
Kim Hausen
Chief Hearin,
Office of Ai
6714 Mail
Raleigh NC
919/733-09;
Clerk
inistrative Hearings
I
ice Center
7699-6714

I FILED
I
OFFICE OF
ADMINISTRATIVE HEARINGS
I
I
f. I Apr 28 917 AM 2000
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE BEARINGS-1(3
COUNTY OF RUTHERFORD 00 EHR 0582
J. S. Proctor Co. Employees Profit )
Sharing Trust )
Petitioner, )
v
I )
N. C. Department of Environment and )
Natural Resources, Division of Water )
Quality )
Respondent. )
NOTICE OF CONTESTED CASE
AND ASSIGNMENT
G.S. 15011-23, 33(b)(4)
NOTICE IS HEREBY GIVEN that a petition for a contested case hearing pursuant
to G.S. 150B-23(a) was filed in and accepted by the Office of Administrative Hearings on
April 26, 2000. In accordance1with G.S. 15013-23(a) and 26 NCAC 3 .0003,
Beecher R. Gray, Administrative Law Judge, has been assigned to preside in this case.
The administrative law judge may be contacted by mail at P.O. Drawer 27447, Raleigh,
N.C. 27611-7447, or by telephone at [phone].
The Respondent shall submit, withi 30 days, a copy of the document constituting
en agcy action, which caused the filing of the Petition.
A copy of any document or other pleading filed with the Office of Administrative,
Hearings must also be sent to the other party at the time of filing. If a parry changes his
or her mailing address, or if the address is incorrect, the Office of Administrative Hearings
must be notified of the new or :corrected address.
NOTE: You may receivie an Order for Prehearing Statements to which you must
respond within 30 days.
This the 28th day of April, 2000.
I
I
I
I
"1r �;-=� ,r-•-� •,+:� e ,. p ram• • _ I
EnvirCi1°ment31 Divisio l
Julian Mann, III
Chief Administrative Law Judge
�Am j"JLn
Kim Hausen
Chief Hearings Clerk
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699-6714
919/733,-0926
174Y 0
:;L
UF41GE QF Colo Al_g
00 �
y INgoo
55+1"'SM1 lei e. V'E,.ji

On this date mailed to:
William Clarke
Roberts and Stevens PA
Attorneys at Law
PO Box 7647
Asheville, NC 28802
ATTORNEY FOR PETITIONER
Secretary William E. Holman
N. C. Department of Environment and
Natural Resources
Attn: Daniel F. McLawhorn
512 North Salisbury Street
Raleigh, NC 27611
RESPONDENT

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Apr 28 9 17 AM 2000
STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0582
i
J. S. Proctor Co. Employees Profit
)
Sharing Trust i
)
Petitioner, I
)
ORDER FOR PREHEARING
V • i
) STATEMENTS
N. C. Department of Environment and
)
Natural Resources, Division of Water
)
Quality
)
Respondent.
)
In order to permit the prompt preparation of this case for hearing,.
IT IS HEREBY ORDERED, pursuant to 26 NCAC 3 .0004, that each party file with
the Office -of Administrative Hearings and serve upon the other parties a Prehearing
Statement containing yiur present position with regard to the following:
1. The issues to be resolved, and the statutes, rules, and legal precedent involved;
2. A brief statement of the facts and reasons supporting the party's position on each
issue in dispute;
3. A list of proposed witnesses;
4. Whether you wish to pursue discovery. If so, the length of time required if
different from) the time set in the Scheduling Order;
I
5. Requested location of hearing; if different from the location set in the Scheduling
Order; i
6. Estimated` length of hearing;
7. If you do not have an attorney, your, home and business addresses and telephone
numbers;
8. The date by which you will be ready to have a hearing in this case if different
from the dateset in the Scheduling Order;
9. Other special considerations.
This Prehearing Statement must be filed and served within 30 days of the date of
this ORDER.
This the 28th -day, of April, 2000.
EIVEILI "'
Becher R. Gray - �" a� o
f uEMERA
Administrative Law Judge WI AY
Environmental ;Divisin:l
I
i

On this date mailed to:
William Clarke
Roberts and Stevens PA
Attorneys at Law
PO Box 7647 '
Asheville, NC 28802
ATTORNEY FOR PETITIONER
Secretary William E. Holman
N. C. Department of Environment and
Natural Resources
Attn: Daniel F. McLawhorn
512 North Salisbury Street
Raleigh, NC 27611
RESPONDENT
This the 28th day of April, 2000.
Kim Hausen
Chief Hearin
Office of Adml
6714 Mail Seri
Raleigh NC 21
919/733-0926
rative Hearings
Center
1-6714

l-,
STATE OF NORTH CAROLINA
I
CO UNTY OF R UTHERFORD
IN THE OFFICE OF ADMINISTRATIVE
HEARINGS-,.
File No:
fT
9ti{
In re:
J.S. Proctor Co. Employee's Profit ) p�. C. d� ► 0�1it��!
Sharing Trust, ) ��v�ra��mentapi�i�;an
RNCD
OfF10E OF GFNLBAL COlipiSLL
Petitioner, )
PETITION FOR CONTESTED CASE
)
North Carolina Department of )
Environment and Natural Resources, )
Division of Water,Oudzlity,' )
)
Respondents. )
I
NOW COMES the Petitioner, J.S. Proctor Co. Employee's Profit Sharing Trust, by and
through counsel, and file's this Petition for Contested Case in the Office of Administrative
Hearings. In support of said Petition, Petitioner would show unto the Court as follows:
1. J.S. Proctor Co. Employee's Profit Sharing Trust ("J.S. Proctor") is a trust with an office
and place of business in Charlotte, North Carolina.
2. J.S. Proctor owns a several hundred acre tract of undeveloped forest land (the "Property")
located in Lake Lure,l North Carolina. A logging road has existed on the property for
approximately 80 years but in 1998 was overgrown and unuseable.
3. In October of 1998, J� S. Proctor made plans to clear and re -grade the logging road for the
purpose of harvesting timber and timber products from the property.
4. At the time the logging road was re -graded, J.S. Proctor advised Mr. Charles Koontz of
the Land Quality Section that it might sell large tracts (in excess of ten acres), but J.S.
Proctor had no intent I n of selling smaller tracts.
5. In December of 1998; J.S. Proctor contracted with the Nelon Company ("Nelon") to
harvest timber. Soonthereafter, Nelon began logging activities on the property in
R&S211773

accordance with the best management practices set out in Forest Practice Guidelines .
Related to Water Qualiity.
6. On or about January 29, 1999, the North Carolina Department of Environment and
Natural Resources ("DENR") Land Quality Section inspected the property to determine
compliance with the North Carolina Sedimentation and Pollution Control Act of 1973
7. DENR issued to J.S. Proctor a Notice of Violation dated February 3, 1999 stating that its
activity on the property was considered land -disturbing activity conducted on a tract
larger than one acre as defined by the North Carolina SPCA, N.C.G.S. § 113A-52(6), and
that J.S. Proctor was in violation of several provisions of the SPCA and the rules and
regulations adopted thereunder.
8. In February of 1999, J.S. Proctor hired Dalton Brothers Construction Company to install
culverts and to re -grade the existing logging road in order to ensure a stable logging
operation. I
9. On or about February122, 1999, based on discussions with Richard Phillips in the Land
Quality Section, J.S. Proctor submitted an affidavit stating that it was only logging the
property and not developing the property for sale.
10. J.S. Proctor received subsequent Notices of Violation dated May 26, 1999; June 1, 1999;
June 3, 1999; and Junle 8, 1999. These Notices directed J.S. Proctor to implement certain
corrective measures within specified time frames.
11. J.S. Proctor promptly,'implemented the corrective measures as required by DENR in its
Notices of Violation including the preparation and filing of a Sedimentation and Erosion
Control Plan. i
12. On or about June:28, 11999, a truck owned and operated by Latco Concrete Products in
Forest City, N.C., came onto the J.S. Proctor property. The truck went off the road on the
J.S. Proctor property twice, resulting in considerable damage to the road and causing
sediment to be deposited in Pool Creek. A copy of a letter from J.S. Proctor to Latco
Concrete Products, Inc. is attached hereto as Exhibit A.
1
13. On August 8, 1999, DENR issued a Civil Penalty Assessment against J.S. Proctor, stating
that between June 1, 1999 and July 22, 1999, J.S. Proctor violated four requirements of
the SPCA and/or the 'rules adopted thereunder. DENR levied a penalty against J.S.
Proctor in the amount of $13,520.00 for said violations.
I
14. J.S. Proctor filed a Petition for Contested Case in the Office of Administrative Hearings,
1
i
R&S:211773 2

I
i
File No. 99-EHR-1119.
15. J.S. Proctor participated in mediation with the Division of Land Resources of the North
Carolina Department of Environment and Natural Resources, and paid $9,000 in full
satisfaction of that assessment. A copy of the Settlement Agreement is attached hereto as
Exhibit B.
16. On July 7, 1999, the NCDENR, Division of Water Quality, sent a Notice of Violation/
Recommendation for Enforcement against J.S. Proctor concerning an alleged violation of
the stream standard for turbidity at the headwaters to Pool Creek.
17. On March 27, 2000, a civil penalty of $5,272.34 was assessed against J.S. Proctor
through a document entitled Findings and Decision and Assessment of Civil Penalties
which was filed by the Secretary to the DENR, Division of Water Quality.
18. J.S. Proctor believes, Viand therefore alleges that the Department of Environment and
Natural Resources, acting through its Division of Water Quality, acted erroneously,
arbitrarily, and capriciously and substantially prejudiced its rights in levying a civil
penalty against J.S. Proctor for the following reasons:
A. The turbidity readings recorded on June 29, 1999 were caused by the
concrete truck from Latco Concrete Products, Inc. and. were not the result
of:anyl activities of J.S. Proctor.
B. The turbidity resulted from fallen trees with exposed soil at the roots and
not from activities of J.S. Proctor.
i
C. It is the policy of the Department of Environment and Natural Resources
that it will not issue notices of violation or assess civil penalties for
turbidity violations resulting from land -disturbing activities unless the
person conducting the land -disturbing activities does not have in place
required Best Management Practices (`BMP's"). In this case, J.S. Proctor
ha's already been fined for failing to have BMP's in place and is now being
fined for water quality violations allegedly resulting frorl the failure to
have BMP's in place. The action of the Department of Environment and
Natural Resources is erroneous, arbitrary, and capricious.
D. J.S. Proctor has already paid a fine of $9,000.00 for violations related to
land -disturbing activities, and to impose this additional penalty is
arbitrary, erroneous, capricious, and unduly harsh.
RRS:211773 1 3

WHEREFORE, the Petitioner respectfully requests as follows:
1. A hearing be held before an Administrative. Law Judge in Rutherford County, North
Carolina;
2. That the Administrative Law Judge determine that Petitioner's rights were substantially
prejudiced and that N j DENR acted erroneously or arbitrarily and capriciously;
3. That the Civil Penalty Assessment against J.S. Proctor be dismissed;
I
4. In the alternative, thatithe penalty assessed against J.S. Proctor be reduced; and
5. For such other and further relief as to the Court may seem just and proper.
1
This theay of;April, 2000.
ROBERTS & STEVENS, P.A.
io ri
William Clarke (N. State Bar #10278)
Attorney for Petitio er
Post Office Box 7647
Asheville, North Carolina 28802
[phone]
R&S:211773 4

CERTIFICATE OF SERVICE
i
f
The undersigned hereby certifies that a true copy of the foregoing Petition for Contested
Case was served upon the Respondents and/or persons indicated below in this contested case
by placing a copy thereof in the United States Mail, postage prepaid, addressed as follows:
I
Daniel F. McLawhorn
Registered Agent! and General Counsel
North Carolina Department of Environment
and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
THIS the 79—day ",of April, 2000.
By:
William Clarke
Attorney for Petitioner
R&S:211773

JIM PROCTOR REAL ESTATE
Number Four Arcade Building
PO Box 384
f Lake Lure, NC 28746
[phone] or Cell Phone [phone]
E-mail: [e-mail]
Latco Concrete Products, Inc.
PO Box 731
Forest City NC 28043
[phone]
Dear Folks,
I am an agent for the 7 S Proctor Company Employees Profit Sharing Trust
(JSPCPST). Yesterday, Monday the 28`', one of your concrete trucks drove on the
JSPCPST's private road in Lake Lure and proceeded to run off the road near the
end of the road. This property is clearly marked "NO TRESPASSING".
Jim Cole's towing service came to the scene and after much effort pulled the truck
out of the ditch. The ,truck drove to the end of the road and turned around. During
his drive off the JSPCPST property, the driver again ran off the road and had to be
pulled out by Mr. Cole tow truck. The truck would not have needed a tow truck
if the driver had kept the truck in the road.
Both places the truck ran off the road had significant ruts made by the truck tires
and after a rain yesterday the ruts became huge gullies and caused significant
erosion. I have temporarily placed hay bales at the worst places but to permanently
fix the problem I will need to hire a contractor. The estimated cost to fix this
problem will be in.exgess of $2000.00.
I talked to someone at the Latco office and she said she would call their insurance
company. After waiting more than three hours for a call from the insurance
company I decided to write this letter. Please let me know how you plan to
compensate the JSPCPST for this problem.
Yours truly,
EXHIBIT
I
Jim Proctor A

STATE OF NORTH C,AROLINA
COUNTY OF
J.S. PROCTOR CO. EMPLOYEES' )
PROFIT SHARING TRUST & )
PENSION PLAN, I )
Petitioner, )
)
V. I )
N.C. DEPARTMENT : OF ENVIRONMENT )
AND NATURAL RESOURCES, )
DIVISION OF LAND RESOURCES,
Respondent: )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
99 EHR 1119
CONSENT AGREEMENT
AND SETTLEMENT
The petitione, J.S. Proctor Company Employees' Profit Sharing
Trust and Pension Plan, and the respondent,, North Carolina
Department of Environment and Natural Resources ("DENR"), Division
p I
of Land Resources ("DLR"), hereby enter into this Consent Agreement
i
and Settlement (iAgreement") in order to resolve matters in
controversy between them pursuant to N.C.G.S. § 150B-31(b) This
matter arose out olf the assessment of civil penalties in the total
amount of thirteen thousand five hundred and twenty dollars
($13,520) by the Director of DLR against the petitioner. The
assessment was made on 5 August 1999 and described violations of
the Sedimentation Pollution Control Act of 1973 (N.C.G.S. ch. 113A,
art. 4) ("'SPCA.") and the relevant rules promulgated thereunder
(codified at 15AIN.C.A.C. 4), as more fully set forth in the
EXHIBIT

• I
I
2
assessment document. Petitioner timely commenced the above -
captioned contested case to challenge the assessment.
Without any trial of fact or law in the above -styled matter,
and without making', any admissions of any kind, THE PARTIES AGREE
THAT:
1. The petitioner shall pay to the respondent the sum of
n:Lne thousand dollars ($9,000) in settlement of the subject
assessment. Payment shall be made within ten (10) days following
full execution of this Agreement, shall be in the form of a check
made payable to the North Carolina Department of Environment and
Natural Resourcesor "DENR," and shall be forwarded to the
following address:
Sueanna:P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300
Asheville NC 28801.
2. Upon a (breach of any condition of paragraph one (1),
above, the petitioner shall owe the respondent the entire original
amount of the assessment, being thirteen thousand five hundred and
twenty dollars'($13,520), less any amounts paid pursuant to this
i
Agreement.
3. Petitioner hereby stipulates and acknowledges that, by
entering into this Agreement, it waives any and all defenses to the
i

i
3
underlying assessmel t and that, upon a breach of .this Agreement by
the petitioner, the sole issue in any action by the respondent to
collect said assessment in its original amount pursuant to
paragraph two (2), above, shall be the payment or non-payment of
the agreed -upon. amount in accordance with the terms of this
Agreement. f
4. Petitioner explic_tly waives its ci g't:�t to a contes'ced
case hearing in this matter and additionally agrees to withdraw its
petition for a ,contested case hearing previously filed with the
Office of Administrative Hearings in the above -captioned matter.
Petitioner shall f fit e its notice of withdrawal of request for
contes
ted case hearingwithin ten (10) days following full
execution of this Agreement.
5. Respondent shall accept the sum of nine thousand dollars
($9,000) in full satisfaction of the assessment at issue in the
contested case, subject to the terms of this
above -styled
Agreement.
6. Nothing in this Agreement shall restrict any right of the
respondent DLR to take any enforcement action against the
petitioner for any violations of the SPCA and implementing rules
arising after the 'date of the subject assessment, or for additional.
violations occurring at the subject site.

By
FOR THE PETITIONERi:
i
Francis 'C: Proctor, Jr.
Assistant Trustee
Date:
i
ROBERTS & STEVENS,IP.A.
Attorneys for the petitioner
William Clarke
P.O. Box 7647 !,
Asheville NC 28802,
[phone]
Date: 2 /// 4,0
- 4 -
FOR THE RESPONDENT:
DIVISION OF LAND RESOURCES
Charles H. Gar r, Director
Date: 2-- A—/-,"',
MICHAEL F. EASLEY
Attorney General
G�iL-,roc.—o� 9 • 1�--/
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300
Asheville NC 28801
[phone]
Date:

J. S. Proc
Sharing Tr
Post Offic
Charlotte,
Dear Sir:
This 11
Regional Of
considering
action to t
Quality. T
J.S. Procto
North Carol
quality sta
Administrat
a
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
July 7, 1999
>r Co. Employees' Profit
5t & Pension Plan
Box 6125
Borth Carolina 28202
Subject: Notice of Violation
Recommendation for
Enforcement
J.S. Proctor Company
Employee's Profit Sharing
Trust and Pension Plan
Property
Rutherford County
:tter is to notify you that the Asheville
Eice of the Division of Water Quality is
sending a recommendation for enforcement
ze Director of the Division of Water
ie recommendation concerns the violation by
r Company of Article 21, Section 143-215.1
ina General Statutes and the State's water
Zdards found at Title 15 North Carolina
ive Code 2B.0211 (3) (k) .
The abo
Statutes ;pre
be intermixie
of applicabila
referenced F
the water 'c
cloudiness).
AN EQUAL
Je mentioned section of the General
vents anyone from permitting any waste to
d with the waters of the State in violation
e water quality standards. The above
ortion of the Administrative Code contains
uality standard for turbidity (muddiness,
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
ITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

July 7, 1999
Page Two
I
On June 16, 1999, an employee p f the Division of
Water Quality observed that sedime�t from the subject
property land disturbing activity read entered unnamed
tributary headwaters to Pool Creek,Samples from the
unnamed tributary to Pool Creek inlithe land disturbing
activity area revealed a violation' of the stream
standard for turbidity. The upstr€am turbidity was 3.2
NTU (Nephelometric Turbidity Units). In the area of.
the land disturbing activity, the turbidity was 120
NTU. North Carolina's water quality standards mandate
that turbidity not exceed 50 NTU.
If you have an explanation for this violation that
you wish to present, please respond' in writing to me
within ten (10) days following recdipt of this Notice.
Your explanation will be reviewed ad if an enforcement
action is still deemed appropriate) your explanation
will be forwarded to the Director yith the enforcement
package for his consideration.
If you have any questions conc':rning this matter,
please contact Mr. Roger C. EdwardE` at 828/251-6208.
Sincerely,
Forrest R. Wei ;tall
Water Quality Regional Supervisor
xc: Compliance/Enforcement Group
Land Quality Section
Rutherford County Health Dep
Roger C. Edwards
.ment

State. of North Carolina
1 A'
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor Bill Holm� an Secretary NCDENR
_
Kerr T..Stevens, Director NORTH CAROLINA DEPARTMEN-*OF
ENVIRONMENT AND NATURAL RE50URCE5
March 28, 2000
J. S. PROCTOR CO. ! CERTIFIEDiM
EMPLOYEES PROFIT SHARING RETURN RED A(f-UESTER
ST
TRUST AND PENSION PLAN
P.O. BOX 6125 APR ` 3 2000
CHARLOTTE, NC 28'202I
ASHEV(L F REGIOVAL 0 QjG .
C
SUBJECT: Assessment of Civil Penalties for
Violation of NCGS 143-215.1 and
15A NCAC 2B .0200
Proctor Tract
Rutherford County
File No. SS 99-011
Dear Sir or Madam:
This letter transfitsi notice of a civil penalty assessed against the J. S. Proctor Company
Employees' Profit Sharing Trust and Pension Plan in the amount of $5,272.34 including $272.34
in investigative costs. Attached is a copy of the assessment document explaining this penalty.
This action was —taken under the authority vested in me by delegation provided by the
Secretary of the.Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit pay
Paymentfshc
Environmen
Payment°of 1
any continui
Mailing Address:
1617 Mail Service Center
Raleigh, North Carolina 27699-1
A
lent of the penalty:
ild be made directly to the order of the Department of
and Natural Resources (do not include waiver form).
�e penalty will not foreclose further enforcement action for
g or new violation(s).
Telephone [phone]
Fax-[phone]
17 State Courier #52-01-01
I Equal Opportunity /Affirmative Action Employer
50% recycled/ 10% post -consumer paper
hupJ/h2o. ennstate.na us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Ms. Coleen Sullins
NCDENR
DWQ
1617IMail Service Center
Ralei!ah, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification) for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by, a waiver of your right to an
administrati N e hearing and a stipulation that there are no factual or legal issues in
dispute. 'You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one of more of the civil penalty assessment factors in G.S. 143B-282. 1 (b)
were i rongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the: , 1

Office of Administrative Hearings
0141Mail Service Center
Raleigh, North Carolina 27699-6714
I
AND
Mail or handii-deliver a Copy of the petition to:
I
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any q
Mr. Jeff Poupart at (919)
ATTACHMENTS
please contact Mr. Steve Lewis at [phone], ext. 539 or
3, ext. 527.
Sincerely,
t - AV -
Kerr T. Stevens
cc: Forrest-Westall ARO Regional Superviso :.w/:attachments
File SS 99-011 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

i
i
STATE OF NORTH C:AROLINA
COUNTY OF
IN THE MATTER OF ASSE
OF CIVIL PENALTTIES, AG
PERMIT NO.
ENVIRONMENTAL MANAGEMENT
COMMISSION
s
WAIVER OF RIGHT TO AN
ADMINSTRATTVE HEARING AND
STIPULATION OF FACTS . -
FILE NO:
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, I , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive thl right to an administrative hearing in the above -stated matter and
does stipulate that the facts are L
alleged in the assessment document.
This the I day of , 20
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NOF
COUNTY OF R
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES ,
File No. SS 99-011
IN THE MATTER OF )
J. S. PROCTOR COMPANY )
EMPLOYEES' SHARING TRUST )
AND PENSION PLAN )
FINDINGS AND DECISION
FOR VIOLATION OF • ) AND ASSESSMENT OF
15A NCAC 2B .0200 AND ) CIVIL PENALTIES
NCGS 143-215.1 )
Acting pursuant;to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. The J. S. Pr ictor Company Employees' Profit Sharing Trust and Pension Plan
owns property located near Lake Lure in Rutherford County. The property is
known as the Proctor tract.
B. On or about May 24, 1999, J. S. Proctor Company Employees' Profit Sharing
Trust and Pension Plan received a Notice of Violations from the Division of Land
Resources for land -disturbing activity on the Proctor tract. This land -disturbing
activity was in violation of the North Carolina Sedimentation Pollution Control
Act of 1973 (NCGS 113A-50 to 66) and Title 15A North Carolina Administrative
Code Chapter 4.
C. On or about June 22, 1999, J. S. Proctor Company Employees' Profit Sharing
Trust and Pension Plan was notified by a Letter of Disapproval from the Division
of Land Resources that the soil erosion and sedimentation control submitted for
the land -disturbing activity on the Proctor tract project was unacceptable.
D. On June 16 and June 29, 1999, in response to a citizen complaint, DWQ staff
inspected the Proctor tract and observed runoff containing silt entering unnamed
tributaries to Pool Creek. Pool Creek and its tributaries are Class C Tr (trout)
waters of'thel tate in the Broad River Basin.

E. On June 16, 1999, DWQ staff collected surface water samples from an unnamed
tributary to Pi of Creek upstream of the Proctor tract and from an unnamed
tributary to Pool Creek on the Proctor tract. The turbidity in the upstream sample
was 3.2 Neplielometric Turbidity Units (NTU). The turbidity in the sar4ple from
the Proctor tract was 120 NTU.
F. On June 29, 1999, DWQ staff collected surface water samples from an unnamed
tributary to Pool Creek upstream of the Proctor tract and from an unnamed.
tributaryto PIool Creek downstream from the Proctor tract. The turbidity in the
upstream sample was.3.4 NTU. The turbidity in the sample downstream from the
Proctor tract was 38 NTU.
G. The turbidity standard for trout waters is 10 NTU as set forth in 15A NCAC 2B
.0211(3)(k). IN turbidity exceeds these levels due to natural background
conditions, the existing turbidity level cannot be increased. Compliance with the
turbidity standard can be met when land management activities employ Best
Management, Practices (BMPs). BMPs must be in full compliance with all
specifications governing the proper design, installation, operation and
maintenance lof such BMPs.
H. The cost :to the State of the enforcement procedures in this matter totaled $272.34.
Based upon the abo ,e Findings of Fact; I make the following:
II. CONCLUSIONS OF LAW:
A. J. S. Proctor Company Employees' Profit Sharing Trust and Pension Plan is a
"person "'within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).
B. J. S. Proctor Company Employees' Profit Sharing Trust and Pension Plan violated
G.S. 143' 215.1 and 15A NCAC 2B .0211(3)(k) on June 16 and June 29, 1999
because turbidity in the unnamed tributaries to Pool Creek exceeded 10 NTU and
exceeded natural background levels. J. S. Proctor Company Employees' Profit
Sharing Trust and Pension Plan was not in compliance with BMPs for the land
managementl activities on the Proctor tract as shown by the aforementioned letters
from the Division of Land Resources.
C. J. S. Proctor Company Employees' Profit Sharing Trust and Pension Plan may be
assessed civil. penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which
provides ,than a civil penalty of not more than ten thousand dollars ($10,000.00)
per violation may be assessed against a person who violates any classification,
standard; limitation, or management practice established pursuant to G.S. 143-
214.1, 143-214.2 or 143-215.
I

1 • .1. f.
-1
D. The State's enforcement costs in this matter may be assessed against J. S. Proctor
Company Employees' Profit Sharing Trust and Pension Plan pursuant to G.S. 143-
215.3(a)(9) and G.S. 143B-282.1(b)(8).
I
E. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of ,the Department of Environment and Natural Resources, has the
authority to 'assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, J. S. Proctor
hereby assessed a civil penalty of:
$
s3-oa o ---
Company Employees' Profit Sharing Trust and Pension Plan is
for one violation of 15A NCAC 2B .0211(3)(k) and G.S.
143-215.1 on June 16, 1999.
for one violation of 15A NCAC 2B .0211(3)(k) and G.S.
143-215.1 on June 29, 1999.
TOTAL CIVIL PENALTY, which is ? 5 percent of
the maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S! 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or tol private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect in ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5)
The amoun
(6)
Whether th
(7)
The prior rf
over which
(8)
The cost to
3 —27— o0
(Date)
of money saved by noncompliance;
violation was committed willfully or intentionally;
I of the violator in complying or failing to comply with programs
Environmental Management Commission has regulatory authority;
State of the enforcement procedures.
Kerr T. Stevens, Director
Division of Water Quality

Re: J.S.Proctor Company enforcement action
Subject: Re: J.S.Proctor Company enforcement action
Date: Mon, 27 Mar 2000 11:17:13 -0500
From: Jeff Poupart <[e-mail]>
To: Roger Edwards <[e-mail]>
CC: Dennis Ramsey <[e-mail]>
It was assessed an hour -ago for $5272. We have not notified the violator
yet.
Roger Edwards wrote: l
> Dennis,
>
> I am having inquires regarding J.S.Proctor Company enforcement action.
> The enforcement action wais sent down September 22, 1999, to Coleen. I
> spoke with Steve Lewis about the enforcement on February 29, 2000. Steve
> indicated he was sending ithe enforcement action forward for assessment.
> To date I have not heard further regarding the enforcement action.
> Please advise me on the projected assessment date.
> Thank you,
> R. Edwards
> Roger Edwards - [e-mail]
> North Carolina Dept. of Environment and Natural Resources
> Asheville Regional Officel
> Division of Water Quality - Water Quality Section
> 59 Woodfin Place
> Asheville, NC 28801
> Tel: [phone]
> Fax: [phone]
of 1 1 3/27/2000 11:25 AM

I/WE,
STATE OF NORTH CAROLINA
Department}of Environmental and Natural Resources
Water Quality Section
59 Woldfin Place, Asheville, NC 28801
828/251-G208
File Access Record
(print name/s)
(print name/s)
access to the abovesnall
Section. I understand)
part of any file which
provision of the North
v � �\I
�I
(signat�
, have been provided
ed file by personnel of the Water Quality
that this statement shall be made a permanent
is viewed under the Freedom of Information
Carolina General Statutes.
(signature)
name/initials of WQ,staff member
permit number
(da e)
(date)

Mr. Jim Proctor
Number Four Lake
Post Office Box
Lake Lure,,North
r
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
ZUALITY SECTION
ly 7, 1999
Lure Arcade Building
384
Carolina 28746
Dear Mr. Proctor:
This
Regional 0
considerin
action to
Quality.
J.S. Proct
North Caro
quality st
Administra
The
Statutes
be interm
violation
above ref
contains
(muddines
Subject: Notice of Violation
Recommendation for
Enforcement
J.S. Proctor Company
Employee's Profit Sharing
Trust and Pension Plan
Property
Rutherford County
etter is to notify you that the Asheville
:fice of the Division of Water Quality is
sending a recommendation for enforcement
-.he Director of the Division of Water
'he recommendation concerns the violation by
>r Company of Article 21, Section 143-215.1
.ina General Statutes and the State's water
Lndards found at Title 15 North Carolina
:ive Code 2B . 0211 (3) (k) .
Dove mentioned section of the General
revents anyone from permitting any waste to
xed with the waters of the State in
of applicable water quality standards. The
renced portion of the Administrative Code
he water quality standard for turbidity
cloudiness) .
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 2BB01-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Proctor
July 7, 1999
Page Two
On June 16, 1999, an employee
Water Quality observed that sedimei
property land disturbing activity I
tributary headwaters to Pool Creek
unnamed tributary to Pool Creek in
activity area revealed a violation
standard for turbidity. The upstr(
3.2 NTU (Nephelometric Turbidity Ui
of the land disturbing activity, tt
NTU. North Carolina's water qualii
that turbidity not exceed 50 NTU.
If you have an explanation for
that you wish to present, please re
me within ten (10) days following r
Notice. Your explanation will be r
enforcement action is still deemed
explanation will be forwarded to thI
enforcement package for his considel.
)f the Division of
t from the subject
ad entered unnamed
Samples from the
:he land disturbing
)f the stream
im turbidity was
_ts) . In the area
turbidity was 120
standards mandate
If you have any questions concE.
please contact Mr. Roger C. Edwardsl
Sincerely,
Forrest R.
Division of
xc: Compliance/Enforcement Group
Land Quality Section
Rutherford County Health Depart:
Roger C. Edwards
this violation
pond in writing to
ceipt of this
viewed and if an
ppropriate, your
Director:.with the
ation.
rning this, matter,
at 828/251-6208.
estall, Supervisor
Water Quality
tent

%, WAYNE MCDEVITT'.
SECRETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
I
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
February 3, 1999f
RETURN RECEIPT REQUESTED ,/ /cF
J. S. Proctor Company Employees' Profit >� J s'
Sharing Trust and Pension Plansf�r�i�-� c9 jQ
P. O. Box 6125 r!ii���� ; 99
Charlotte NC 128207:.
VP
J. S. PROCTOR CO. EMPLOYEES' PROFIT SHARING TRUST AND ,!LAN
On January 29, 1999, personnel of this office inspected J. S. Proctor Company Employees'
Profit Sharing Trust and Pension Plan property in Lake Lure. This inspection was performed
to determine compliance with the North Carolina Sedimentation Pollution Control Act of
1973. The inspection revealed a land -disturbing activity of approximately 1.5 acres being
conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing
activity. The purpose of this letter is to inform you that this activity was found to be in
violation of the Act, NCGS § 1 13A-50 to 66, and Title 15A, North Carolina Administrative
Code, Chapter 4. if you feel that you are not responsible for the following violations, please
notify this officeI immediately.
The violations that were found are:
1. Failure to file an acceptable erosion and sedimentation control plan with this office at
least 30 days prior to beginning a land -disturbing activity on a tract comprising more
than one acre; failure to secure this office's prior approval of the plan for any land -
disturbing prior to beginning the land -disturbing activity. and NCGS § 1 13A-54(d) (4),
NCGS § 1 13A-57(4) and 15A NCAC 4B.0007(c). An erosion control plan for the
project has not been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved
by this office and implemented on the site sufficient to prevent offsite sedimentation.
Pending approval of the plan, temporary measures must be provided immediately to
control erosion and prevent sedimentation damage. Any additional land -disturbing
activities conducted without an approved erosion and sedimentation control plan will
constitute additional violations of the Act. We will notify you following our review of
the. plan if additional measures are required.
2. Failure tol retain along a lake or natural watercourse a buffer- zone of sufficient width to
confine visible siltation by natural or artificial means within the 25 percent of that
portion of the buffer zone nearest the land -disturbing activity. NCGS § 1 13A-57(1).
Sediment, from the site has entered tributaries to Pool Creek traversing the site.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE[phone] FAX82B-251-64S2
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

]. S. Proctor Company Employees' Profit
Sharing Trust and Pension Plan
February 3, 1999
Page 2
3. Failure to provide along trout waters an undisturbed buffer zone 25, feet wide or of sufficient width to
confine visible siltation by natural or artificial means within the 25 p rcent of that portion of the buffer
zone nearest the land -disturbing activity, whichever is the greater wide i. NCGS § 113A-57(1) and 15A
NCAC:0025(b): An insufficient buffer zone was provided along tg outaries to Pool Creek.
4. Failure to maintain satisfactorily all temporary and permanent erosion I nd sedimentation control measures
during the development of a site. 15A NCAC 4B.0013. Tempe ary erosion control measures and
facilities have not been adequately maintained and are not function! g as intended.
To correct these violations, you must prepare and submit for approval an a osion control plan for the site and
fully implement that plan upon its approval. In the interim pending approva of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercot -ses as there is potential for damage
to occur before' a plan can be prepared, reviewed, and implemented: I ,
After installation, all erosion control measures must be maintained in props -, working order until development
is complete and the site is completely stabilized.
Please be advised that if these -violations are not corrected on or before I :ebruary 24, 1999, the Director,
Division of Land Resources, will be requested to take appropriate legal act! ins against you pursuant to NCGS
§ 113A-64. That action could be the assessment of a civil penalty and the ! mount may be up to $500.00 per
day for each day of the violation. The penalty may be assessed from the d) to of your receipt of this Notice of
Violations (I SA NCAC 4C.0007). If these violations are corrected wl :hin the time period specified for
compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this p oject must not begin until the area
presently disturbed is brought into compliance with the Act. When correct! a actions are complete, you should
notify this office so the work can be inspected. You should not assume tha� the property is in compliance with
the Act until we have notified you.
We solicit your cooperation, and would like to avoid taking further enfi
is your responsibility, to understand and comply with the requirements of
and administrative regulations may be examined at this office or will be
have questions concerning this Notice or the requirements of the Act, p1(
#277) or me (ext. #290) at 828/251-6208.
Sincerely,
Richard A. Phillips, .E.
Regional Engineer
RAP:CTKjr:a-
Enclosures
copy- Bill Noyes, P.E., RLS
ir. Forrest Westall, P.E.
rent action. At the same time, it,
Act. Copies of the relevant statute
to you upon request. Should you
-ontact either Charles Koontz (ext.

JIM PROCTOR REAL ESTATE
Number Four Arcade Building
PO Box 384
Lake Lure, NC 28746
[phone] or Cell Phone [phone]
E-mail: [e-mail]
i
7-16-99
Forrest R. Westall
Supervisor
Division of Water Quality
North Carolina Department
Asheville Regional Office
59 Woodfin Place
Asheville NC 28801
of Environment and Natural Resources
Dear Mr. Westall,
Thank you for talking to me today about the Notice of Violation for a project involving the
re -grading of an existing logging road on the J S Proctor Company Employees Profit
Sharing Trust's property. As I told you and Roger Edwards, I am not an owner of this
property. I am a local agent for the owners and I am familiar with this re -grading project.
I believe the turbidity reported in the notice is much higher than the actual turbidity level
on the site. Mr. Edwards told me that the upstream turbidity and the downstream turbidity
samples were taken from two different streams. Because the soil types are very different in
the various valleys on this property I believe the upstream turbidity would also be different
for the various streams. 'I have also noticed that some streams have fallen trees (caused by
a recent windstorm) next to them with exposed soil at the roots that would naturally cause
more turbidity than the streams without this situation. I believe any extra turbidity from
this project is moderate and'temporary. I believe that as soon as the ground cover planted
along this project is established the turbidity will return to the levels it was before the re-
grading project was started.
If possible I would like the turbidity tested again to see if the streams are in violation.
I would also like to know if any of the five other sites I notified Mr. Edwards about were
inspected and/or tested.' If they were tested I would like to know the results of the tests.
Did Mr. Edwards notify the Land Quality Section about these sites?
If you have any questions
(o20) !ne nn.
ko
Sincere
Jim Pr
please call me either at the office or at home.

Mr. John' Pi
J. S. Proci
4218 Arbor
Charlotte,
Dear Mr. P1
This
Regional 0
consideran
action -6o
Quality.,,
J.S. Proct
North Caro
quality st
Administra
cA�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND •NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
July 7, 1999
octor, Jr.
,or Company
Way
North Carolina 28211
Subject: Notice of Violation
Recommendation for
Enforcement
J.S. Proctor Company
Employee's Profit Sharing
Trust and Pension Plan.
Property
Rutherford County
ctor:
etter is to notify you that the Asheville
'fice of the Division of Water Quality is
� sending a recommendation for enforcement
.he Director of the Division of Water
'he recommendation concerns the violation by
,r Company of Article 21, Section 143-215.1
.ina General Statutes and the State's water
.ndards found at Title 15 North Carolina
dve Code .2B.0211 (3) (k) . .
The above mentioned section of the General
Statutes prevents anyone from permitting any waste to
be intermixed with the waters of the State in violation
of applicable water quality standards. The above
referenced portion of the Administrative Code contains
the water quality standard for turbidity (muddiness,
cloudiness).
INTERCHANGE BUILDING, S9 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE 828-2S1-6208 FAX [phone]S2
ANEQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

John Proctor, Jr.
July 7, 1999
Page Two
On June 16, 1999, an employee >f the Division of
Water Quality observed that sediment from the subject
property land disturbing activity 1,Iad entered unnamed
tributary headwaters to Pool Creek: Samples from the
unnamed tributary to Pool Creek in :he land disturbing
activity area revealed a violation Df the stream
standard for turbidity. The upstream turbidity was 3.2
NTU (Nephelometric Turbidity Units( In the area of
the land disturbing activity, the tIirbidity was 120
NTU. North Carolina's water qual1t7 standards mandate
that turbidity not exceed 50 NTU.
If you have an explanation for this violation that
you wish to present, please respond, in writing to me
within ten (10) days following rece�,pt of this Notice.
Your explanation will be reviewed aid if an enforcement
action is still deemed appropriate, your explanation
will be forwarded to the Director wl.th the enforcement
package for his consideration.
If you have any questions concErning this matter,
please contact Mr. Roger C. Edwardslat 828/251-6208.
Sincerely,
Forrest R. We:
Water Quality
xc: Compliance/Enforcement Group
le�- C
tall
Regional Supervisor
Land Quality Section
Rutherford County Health Department
Roger C. Edwards

ana ^etc 'x-�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEViLLE REGIONAL OFFICE
i WATER QUALITY SECTION
I
July 7,
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Ms. Susan Zanghi
J. S. Proctor Management Co.,
1610 East Moorehead Street
1999
Inc.
Charlotte,INorth Carolina 28207
Subject: Notice of Violation
Recommendation for
Enforcement
J.S. Proctor Company
Employee's Profit Sharing
Trust and Pension Plan
Property
Rutherford County
Dear Ms. Zanghi:
This letter is to notify you that the Asheville
Regional Office of the Division of Water Quality is
considering sending a recommendation for enforcement
action to the Director of the Division of Water
Quality. The recommendation concerns the violation by
J.S. Proctor Company of Article 21, Section 143-215.1
North Carolina General Statutes and the State's water
quality standards found at Title 15 North Carolina
Administrative Code 2B.0211(3)(k).
The above mentioned section of the General
Statutes prevents anyone from permitting any waste to
be intermixed with the waters of the State in violation
of applicable water quality standards. The above
referenced portion of the Administrative Code contains
the water quality standard for turbidity (muddiness,
cloudiness).
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX 828-2S1-6452
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
I

Ms. Zanghi
July 7, 1999
Page Two
On June 16, 1999, an employee df the Division of
Water Quality observed that sedimenI from the subject
property land disturbing activity h d entered unnamed
tributary headwaters to Pool Creek. I Samples from the
unnamed tributary to Pool Creek in the land disturbing
activity area revealed a violation yyf the stream
standard for turbidity. The upstrelm turbidity was 3.2
NTU (Nephelometric Turbidity Units)1 In the area of
the land disturbing activity, the turbidity was 120
NTU. North Carolina's water qualiti standards mandate
that turbidity not exceed 50 NTU.
If you have an explanation for this violation that
you wish to present, please respond in writing to me
within ten (10) days following receipt of this Notice.
Your explanation will be reviewed a..d if an enforcement
action is still deemed appropriate, your explanation
will be forwarded to the Director w.th the enforcement
package for his consideration.
If you have any questions concErning this matter,
please contact Mr. Roger C. Edwards at 828/251-6208.
Sincerely,
Forrest R. We!tall
Water Quality Regional Supervisor
xc: Compliance/Enforcement Group
Land Quality Section
Rutherford County Health Depar ment
Roger C. Edwards

JIM PROCTOR REAL ESTATE
Number Four Arcade Building
PO Box 384
Lake Lure, NC 28746
(,828) 625-8846 or Cell Phone [phone]
E-mail: jim@lake-lure,com
8-2-99
Forrest R. Westall
Supervisor
Division of Water Quality,
North Carolina Department of Environment and Natural Resources
Asheville Regional Office
59 Woodfin Place
Asheville NC 28801
Re: Update: Re -grading of old Pool Creek logging road
Dear Mr. Westall,
Because there have been quite a few trespassers on this property, two gates have been
installed at the re -graded fogging road. Both gates have chains, but the chains are not
locked (they are attached to nails on the opposite side of the post). Feel free to open the
gates and use the access road to look at this property.
Sincerely, D
FAUG ` 5 MM
WATER QUA;_ITY SECTION
Jim Proctor

Case #
NORTH CAROLINA. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITY SECTION. Interchange Bldg. 59 Woodfin Place Asheville, NC 28801(704)251-6208
Person
1. Project' Location: Pictures: Yes No ❑ Prints ❑ SlidesVideo ❑
2. Weather and Soil Conditions: by4 +"
3. Is site.currently under notice of of vior I Yes i[ No ❑
4: Is the site in compliance with the 0, P.C:A. and the rules? Yes ❑ No i9 If No, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57(4) and 15A NCAC 413.0007(c) g. Inadequate buffer zone, G.S. 11'3A-57(1)
❑ b. Failure to follow approved plan, G.S. l 13A-61.1 ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 413.0024 (d)
❑ c. Failure to submit revised plan, G.S. 113A -5 I.1(b) and D i.. Unprotected exposed slopes, G.S. 113A-57(2)
15A NCAC 4B.0018(a) _
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and Failure to maintain erosion control measures,
15A NCAC 413.0007(b) or 15A NCAC 4B.0024(e) 15A NCAC 4B.0013
❑ e. Insufficient measures to retain sedimenVon site, G.S. 113A-57(3) ❑ k. Other (describe)
14f. Failure to take all reasonable measures, 15A NCAC 413.0005
6. Has sedimentation damage occurred-since°the last inspection? Yes ❑ If yes, where? (check all that apply): No
Lake/natural watercourse on the tract ❑ I Lake/natural watercourse off the tract ❑ Other property
:.
Degree of damage: Slight ❑ Moderate ❑ Severe '❑
7 (nntnrt rnnrii- with'(Nnmol -1— lYt_irr.i2 - 'r:a
Inspection report given ❑
8. Corrective actions needed:
or senftg
to the Person Financially Responsible Date given/sent Ce-t-A-0-elel
I--Ptl
.-L4c
f?'r'r par ✓
Sr &-/
4e tee„
•177,a4 s r
s ll cl L, i�yV fa1�/
�.zt1Z't
/�ti�
tJ 7� 1C
Lose
s/1ZA
1%,4-441
/ct-, iti -/7-1-e
5-e'e�/,1�� �d>,c..g-✓7Ci�
-�c�v
cr l
/ /� r-►-►=Y
� c�.a s - ,� -
- - /�-rl�; -�; �7 r✓,4-�-P�i���; c�
e Eder/
A" s� � /•-z� ���
9. Comments:
QLt
C
li4C� eW P-A-11 L.vA
l -/P✓>v �,(.C.'� /�l � TC
(!(-�K!AZ
.1 4 L�/T�'•�C
LC}f�/i � 11 i�i�i ElA'r7e'i,l Si AJC.0
'1<' l
A5-�
: �1SJEZ-!`i [I
j.; GwleL/�' '
���1t� 7Z c{ fli./2A«�✓-1 !�,� -17/j t
T
i'•'J\
t'-K- ._-7 •-'I i.-n �: /•. J� 1
/' 1 .� s.f'lr.; f ice.. � �:.1-=.'•i ur+ � I •4'(ri'.G 6ir'E.11� L-n � ..►�' ��....�4-� _.�,
Ski % �'�2'-i74'•J-! c�z-,
Report by: IZ
Date of Inspection: ` l Time
cc:
I Others present:
t
arriving at site- ILA 1 t-i Time leaving site: / i'1
I '

FRI 14:34 FAX [phone] LASE LURE
Town of Lake Lure
F. 4. Sox 255
Lake Luxe, NC 2$746
Telephone No. 8=625"9 3
Fax No: SU/625-8371
"I
COMPANY: c,U, + ra cr u t Ce�9
FROM:
rn-e_s�
]DATE: c�
WAGES TO FOLLOWCOVER SHIM' , Yl
AGE:
J;�)r hi OL-4 � z'u cl - cz'�\ �I
clu 1y I °1 c,, i up vn--kI -4-h 94-k

9 FRI
I
14:34 FA3 7046258371 LAKE LURE
IM002
I
Town of Lake
Lure
P.10,
Box 256 • Lake Lure,
incorpnrulcd 1927
NC 2874g.p2g5 . 82" W625-9983.
• FAX [phone]
��
_
i i
off.
� •
C)
- - ----
i
I
.-
14
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T
25
2

DIVISION OF ENVIRONMENTAL M
For Lab Use ONLY
ANAGEMENT
COUNTY T "`
WATER QUALITY FIELD -LAB FORM (DM1)
PRIORITY SAMPLE TYPE
RR BASIN -rL17
❑AMBIENT El
❑
REPORT 70: FRO MRO RRO WaRO WIRO WSRO TS
QA
LJ STREAM
EFFLUENT
AT BM
❑COMPLIANCE ❑ CHAIN
❑ LAKE
❑ INFLUENT
Other
Shipped by: Bus CourierA Staf Other
OF CUSTODY
❑ EMERGENCY
❑ ESTUARY
,
Lab Number:
Date Received %'/a
— / ( Time �• / S'
Rec'd by:
From: Bus-Courie -Hand D 1
DATA ENTRY BY: {r— CK:
DATE REPORTED:
- / 6
COLLECTORS%- �T�I _
Estimated HOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: Rfa�-, A011 ((} � L (� %b t 4, +ki k l�C�
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station # Date Begin (yy/mm/dd) Time Begin I Date End Time End Depth DM DB DBM Value Type Composite Sample Ty e
Q( ft �, 5S A H L T S B C � GNXX
1
BOD5 310 mg/I
,l
COD High 340 mg/l
-3.
COD-Low-335— — _ mg/1— _
4
Coliform: MF Fecal 31616 /loom]
5
Coliform: MF Total 31504 /loom]
6
Coliform: Tube Fecal 31615 /loom]
7
Coliform: FecalStrep 31673 /100m1
8
Residue: Total 500 mg/I
9
Volatile 505 mg/I
10
Fixed 510 mg/I
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/1
13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 436 mgA
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 mg/l
19
TOC 680 mg/I
20
(�
Turbidity 76 S, NTU
Chloride 940 mg/I
Chi a: Tri 32217 ugh
Chl-a:-Corr_32209 _ ug/.1_
—
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/l
Fluoride 951 mg/I
Formaldehyde 71880 mg/l
Grease and Oils 556 mSA
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/I
Phenols 32730 ugA
Sulfate 945 mgA
Sulfide 745 mg/1
NH3 as N 610 mg/I
TKN as N 625 mg/1
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/1
PO4 as P 70507 mgA
P: Dissolved as P 666 mgA
CdCadmium 1027 ugA
Cr-Chromium:Total1034 ug/I
Cu-Copper 1042 ugA
Ni-Nickel 1067 uSA
Pb-Lead 1051 ugA
Zn-Zinc 1092 ug/I
Ag Silver 1077 ugA
AI -Aluminum 1105 ugA
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/I
Co -Cobalt 1037 ug/I
Fe -Iron 1045 ug/I
Li -Lithium 1132 ug/l
Mg -Magnesium 927 mg/1
Mn-Manganese 1055 ug/I
Na-Sodium 929 mgA
Arsenic:Total1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ugA
Organochlorine Pesticides
Ocganophosphoms Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature (C)
D.O. mg/I
pH
Alkalinity
Acidity
Air Temperature (C)
pH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1•
400
82244 1431
82243 182242
26
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Mean Stream Depth ft.
Stream Width ft.
. =1C,
Y '+
qA
480
45
32
36
1351
1350
+},35 64
1
S i
z -
)UU
DMI/Revised 10/86
i

DIVISION OF ENV
For Lab Use ONLY
ti
IRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY
PRIORITY
SAMPLE TYPE
RIVER BASIN
7Q`
❑AMBIENT
❑
D
❑
REPORT TO. ARO
O MRO HBO WaRO WiRO WSRO TS
QA
STREAM
EFFLUENT
AT BM
❑COMPLIANCE
❑
CHAIN
❑ LAKE
❑
Other
INFLUENT
[:]EMERGENCY
OF CUSTODY
❑ ESTUARY
Shipped by: Bus Co�urijer Staf Other
Lab Number:
4 Q ,- %
Date Received: �%
-Jo?- 17 Time.
Rec'd by: ��
From: Bus -Courier and el
DATA ENTRY BY:
4�" CK:
DATE REPORTED:
7 - / 6
COLLECTOR(S): /�- [� -;k
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: `�ti;C_f- (� " J �62C�ZFG�L1 7� C(2ESSL.ti 57 t Irti l
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station # Date Begin (yy/mm/dd) Time Begin I Date End Time End Depth DM DB DBM Value Type Composite Sample Ty e
�'L �� A H L T S B C GNXX
1 I I
BOD5 310 mg/I
2 COD High 340 mgA
4
Coliform: MF Fecal 31616 /100ml
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /100ml
7
Coliform: Fecal Strep- 31673 /100m1
8
Residue: Total 500 mg/1
9
Volatile 505 mg/I
10
Fixed 510 mg/l
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/I
13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 436 mgA
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mgA
20
Turbidity 76 r NTU
Chloride 940 mg/I
Chi a: TO 32217 ug/I
-
-Chl_a:_Corr_32209 _
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/1
Formaldehyde 71880 mg/I
Grease and Oils 556 mg/l
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols *32730 u9/1
Sulfate 945 mgA
Sulfide 745 mg/I
NH3 as N 610 mg/I
TFN as N 625 mg/I- -
NO2 plus NO3 as N 630 mg/1
P: Total as P 665 mg/I
PO4 as P 70507 mg/1
P. Dissolved as P 666 mgA
CdCadmium 1027 ug/I
CrChromium:Tota11034 ug/I
Cu-Copper 1042 ug/I
NI -Nickel 1067 ugA
Pb-Lead 1051 ug/I
Zn-ZInc 1092 ug/I
Ag-Sllver 1077 ug/I
AI -Aluminum .1105 ug/1
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mgA
Co -Cobalt 1037 ugA
Fe -Iron 1045 ug/I
LI-Lithium 1132 ug/1
Mgtognesium 927 - -. mg/1
Mn-Manganese 1055
ug/I
Na-Sodium 929
mg/I
Arsenic-Total1002
USA
Se -Selenium 1147
ug/I
Hg-Mercury71900
USA
Organochlorine Pesticides
Organophosphonu Pesticides
I I Add Herbicides I
Base/ Neutral Extractable Organics I
I I Purgeable Organics (VOA bottle read) I
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature 10
D.O. mg/1
pH
Alkalinity
Acidity
Air Temperature (C)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300
400 1•
82244 1431
82243 182242
20 _
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction (peg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream pepth-ftL
Stream Width tt
480
45
32
36
1351
1350
35 -
64- . .- =�
4
'• i ', r rf',1 i. 't 1 1
DMI/Revixd 10/86

.-- LIIVISIVN OF ENVIRONMENTAL MANAGEMENT WAT. For Lab Use ONLY
ER QUALITY FIELD -LAB FORM WMI)
L� i.
COUNTY (�� PRIORITY SAMPLE TYPE
RIVER BASIN�/Z1 ►� ❑AMBIENT
REPORT TO: O)RO MRO RRO WaRO WIRO WSRO TS ❑ QA STREAM ❑ EFFLUENT
Other
❑COMPLIANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT
Otheerr _
OF CUSTODY
Shipped by: Bus Courier, taff Other EMERGENCY ❑ ESTUARY
COLLECTOR(S)• /-- 1i1`d j J
Lab Number: 460(DI,IL
Date Received: -/C� -� �1 Time: I /
Rec'd by: <•/— From: Bus-Courie - and el
DATA ENTRY BY: 0— CK: "
DATE REPORTED: .2 - oZ
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ 'No ❑ REMARKS:
Station # DateBegin (yy/mm/dcd)) Time Begin Date End Time End Depth DM D8 DBM Value Type Composite Sample Ty e
4v 0 Z 1 01601Z-1O /� A H L T S B C G GNXX
I
2
6ViJ0 aau mg/I
COD High 340 mgA
—3
4
Low 335 ____ _---m9/I- -
Collform: MF Fecal 31616 /100ml
—COD
5
6
Collform: MF Total 31504 /100ml
Collform: Tube Fecal 31615 /100m1
7
Coliform: Fecal Strep 31673 /100m1
8
01
Residue: Total 500 mg/I
Volatile 505 mg/1
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/l
13
Fixed 540 mg/I
14
PH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 mg/l
'•• •18
Alkalinity to pH 4.5 410 mg/I
1,9
TOC 680 mg/I
20
urbidity 76 1 NTU
Chloride 940 mg/l
Chi a: TO 32217 ug/l
—
-Chi a: Corr 82209 ug/l
Pheophytin a 32213 ug/i
Color: True 80 Pt -Co
Color:(pH i 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/1
Formaldehyde 71880 mg/l
Grease and Oils 556 mgA
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm?
MBAS 38260 mg/I
Phenols 32730 ug/I
Sulfate 945 mg/1
Sulfide 745 mg/I
NH3 as N 610 mg/I
TKN as N 625 mg/l
NO2 plus NOS as N 630 mg/I
P: Total as P 665 mg/l
PO4 as P 70507 mg/I
P: Dissolved as P 666 mg/1
CdCadmium 1027 ugA
CrChromium:Tota11034 ugA
Cu-Copper 1042 ug/I
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ug/I
2n-21nc 1092 ug/I
A ilver 1077 ug/I
Al -Aluminum 1105 ug/I
Be-Berylllum 1012 ug/I
Ca -Calcium 916 mg/I
Co -Cobalt 1037 ug/I
Fe -Iron 1045
Sampling Point %
Conductance at 25 C
Water Temperature (C)
[
D.O. mg/I
pH
Alkalinity -.
AC(dity
Air Temperature (C)
PH 83 pH4 4.5
pH 4.5 E({) pH 8.3
2
94
10
3p0 •
400 .
822" 431", '' P�P
182242
20
Salinity %
Precipitlon On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity Nj/H
can Stream Depth ft
Stream Width ft.
L6WATEP
� FLGIO�lALO� CE `
480
145
32
36
1351
1350 nc IFV{inF
64
4
laS IQC -V hG �� r-c� 2�, i 1 �' N ' /:? / �7i f-'Qa�n IuD '>-A cL , -- �j� lj' ,l! 14
pouf= t-0 'UCI — q (0 N%W -
DM1/Revised 10/86

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB For Lab Use ONLY
FORM {DM1)
COUNTY Yi
PRIORITY
SAMPLE 7'ypE
RIVER BASIN f�'.eS7�
❑AMBIENT ❑
❑
REPORT TO. O O MRO
RRO WaRO WiRO WSRO TS
QA
+ STREAM
EFFLUENT
AT BM
Other
Other -
❑COMPLIANCE ❑ CHAIN
❑ LAKE
❑ INFLUENT
Shipped by: Bus Courier Staff then
OF CUSTODY
❑EMERGENCY
❑ESTUARY
COLLECTOR(S): 1_12 W_2 _L
Lab Number: /y
/ ! 0
Date Received: to
j C- J Time: ` I a
Rec'd by:
From: Bus-Courie Hand Dei
DATA ENTRY BY:
CK•
DATE REPORTED:
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION 772.sn{iiC fQ{)ZCjs �t7 Tt(icUl �i/ikIz-
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station #% Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Ty e
[ C% 2— ''� L%Q A H L T S B C (� GNXX
Iu 1 JIU05 310 mg/I
2 COD High 340 mgA
COD Low 335
4
Collform: MF Fecal 31616
/100m1
rJ
Cofiform: MF Total 31504
/100m1.
6
Collform: Tube Fecal 31615
/100ml
7
Collform: Fecal Strep 31673
/100ml
S
Residue: Total 500
mg/I
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/1
13
Fixed 540 mg/1
14
PH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 mg/1
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mg/I
20
Turbidity 76 NTU
—
Chloride 940 mg/I
Chi a: Tri 32217 ug/I
---
Chi -a: •Corr-32209—-
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color. -(pH ) 83 ADMI
Color: pH 7.6 82 ADM[
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/1
Grease and Oils 556 mgA
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols 32730 ug/I
Sulfate 945 mg/l
Sulfide 745 mg/I
NH3 as N 610 mSA
TKN as N 625 mg/1
- —
NO2 plus NO3 as N 630 mgA
P. Total as P 665 mg/I
PO4 as P 70507 mg/1
P: Dissolved as P 666 mg/I
CdCadmium 1027 ugA
CrChromium:Total1034. ug/I
Cu-Copper 1042 ug/I
Ni-Nickel 1067 u9A
Pb-Lead 1051 ugA
Znr Zinc 1092 ug/I
Ag-Silver 1077 ug/I
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/1
Co -Cobalt 1037 ug/I
Fe -Iron 1045 ug/I
Li -Lithium 1132 ug/I -
Mg -Magnesium 927 mgA
Mn-Manganese 1055 ug/I
Na-Sodium 929 mgA
Arsenic -Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ug/I
-Organochlorine Pesticides
Organophosphoms Pesticides
Acid Herbicides
I I Base/ Neutral Extractable Organics I
I Purgeable Organics (VOA bottle reg'd) I
I IPhytoplankton I
Sampling Point %
Conductance at 25 C
Water Temperature (C)
D.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 .
400 1.
822" 431
82243 182242
20
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth it
Stream Width it.,.",480
45
32
36
1351
1350
35
64
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SENDER:
I also wish to receive the
o ■ Complete items 1 and/or 2 for additional services.
in ■ Complete items 3, 4a, and 4b.
following services (for an
m ■ Print your name and address on the reverse of this form so that we can return this
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i
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delivered.
0 3. Article Addressed to:
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1MS SUSAN ZANGHi
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_J S PROCTOR MANAGEMENT CO INC
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UNITED STATES POSTAL SERVICE
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� epartment of
Environmen�Re nd Natural sources
NCDENR
w,... ;,..,_.. 59 Woodfin Place Asheville, NC 28801-2414
DIV OF WATER QUALITY
TO: MR ROGER EDWARDS
DENR-DWQ-WQS
59 WOODFIN PLACE
ASHEVILLE NC 28801
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' SENDER:
I also wish to receive the
9 ■ Complete items 1 and/or 2 for additional services.
H
following Services (1Or_an — —
w Complete items 3, 4a, and 4b.
a� ■ Print your name-and.address on the reverse of this forroso that-we`can retum this
extra fee):
-12 card to you.
■ Attach this form to the front of the mailpiece, or on the back If space does not
t
1. El Address
pem,it.
■ Write 'Return Receipt Requested"on the mailplece below the article number.
2. El Restricted Delivery
r ■ The Return Receipt will show to whom the article was delivered and the date
Consult postmaster for fee.
P I
delivered.
`0 3. Article Addressed to: 4a. Article Number
E 4b. Service Type
l�/IR :_JC�1t -ACTOR ❑ Registered
r J S -PROCTOR COMPANY s
4218.ARBOR WAY -
CHARLOTTE -NC 28211-
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❑ Express Mail
❑ Return Receipt for Merchandise
7. Date of Delivery
8. Addressee's Address (Onl)
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y PS Form 3811, December 1994 i&2 §5-98=is-0'22
. e54 elilii sllii I {[, 1 ! is i i9,!f3ki: a t t
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if requested
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i ` Domestic"Return

UNITED STATES POSTAL SERVICE
First -Class Mail
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= USPS— —
-Permit No._G-10
®�A Noi4t,gSo� 'LSepartmerit of��
NCDENR Environ'hient and Natural Resources
_.. 59 Woodfin Place Asheville, NC 28801-2414
DIV OF WATER QUALITY
TO: MR ROGER EDWARDS
DENR-DWQ-'kA'QS
59 WOODFIN PLACE
ASHEVILLE NC 28801
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d SENDER:
■ Complete items 1 and/or 2 for additional services.
W ■ Complete items 3, 4a, and 4b.
m ■ Print your name and address on the reverse of this form so that we can return this
card to U.
■ Attach this form to the front of the mailpiece, or on the back if space does not
Me■Write 'Return Receipt Requested°on the mallpiece below the article number.
W The Return Receipt will show to whom the article was delivered and the date
delivered.
0 3, Article Addressed to: 4a. Article
m
N R M& PROCTOR
NUMBER FOUR LAKE LURE ARCADE BUILDING
POST OFFICE BOX '384
LAKE LURE NC 28746
5. Received By:
CQ 6. Signat�.s or
1.
2 PS' Form 1 mber
I also wish to receive the
following services (for an
extra fee):
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2. ❑ Restricted Delivery y
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Number
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UNITED STATES POSTAL SERVICE First -Class Mail
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....---
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i North Carolina Department of _ m 1 !
©� Environment and Natural Resources
NCDENR
1-241 59 Woodfin Place Asheville, NC 2SS01 I
" ! DIV OF WATER QUALITY
TO: MR ROGER EDWARDS
DENR-DWQ-WQS
i 59 WOODFIN PLACE
ASHEVILLE NC 28801
i

SENDER:
-I-also-wish-to-receive tho
'0—
rn
Complete items 1 andfor 2 for additional services. _ — -----
---
following services (for art
cQ
■ Complete items 3, 4a, and 4b. _ _— _ -----
■_ Print -your -name and'address on the reverse of this form so that we can return this
extra fee):
®`
card to you.
Attach this form to the front of the mailpiece, or on the back it space does not
1. ❑ Addressee's Address
■ Wn ed'Retum Receipt Requested'on the mailpiece below the article number.
2. ❑ Restricted Delivery
■ The Return Receipt will show to whom the article was delivered and the date
delivered.
I COnSUk postmaster for fee.
3. Article Addre ed to:
4a. Article Number
vice ype
J S PROCTOR CO EMPLOYEES' PROFIT istered Certified e
SHARING TRUST &PENSION PLAN Tess �pNrl�q� ❑ insured
POST OFFICE BOX 6125 n @� �rTufeerrcRe f�ise ❑ COD
CHARLOTTE NC 28202 live
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co PS Form 3811; D • eni6 •r 1994' ' ­ 102595!9b 0229 ' 'Domestic Return Receipt

UNITErYSTATES POSTAL SERVICE ' First -Class Mail
Postage &Fees Pald_
PermifN6:-G=10---- -
Nqh Qaro and Departmentmof—�-.,�--
7 Finvtronment=and Natural R source ---
NCDENR
7 =.:. �: •:: _.. 59 \Z oodlin Place Asheville, NC 2S801-241 1
DIV OIL WATER QUAIXFY I
TO: MR ROGER EDWARDS
DENR-DWQ-WQS
59 WOODFIN PLACE
ASHEVILLE NC- 28801
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