Rutherford Co. Water Supply Watershed

- r
�0F W ATF9Q ��� Michael F. Easley,.Govemor
\Q G "!!!J William G. Ross Jr., Secretary
CO
North Carolina De artment of Environment and Natural Resources .
] r fr/� P
p(�� - - Alan W. Klimek, P.E. Director
Division of Water Quality
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July 25, 2006 s�' ��'�
JUL 2 b'v .
Rutherford County Planning Department I
Attention: Danny Searcy, County Planner "r'` `"'''
141 West Third Street
Rutherfordton, NC 28139
Subject: Local Government Water Supply. Watershed Program
Compliance Evaluation Inspection
Rutherford County
Dear Mr. Searcy:
On June 22, 2006, Don Price from the Asheville Regional Office and Marcia
Lieber and I from the conducted a Compliance Evaluation Inspection of the County
of Rutherford Water Supply Watershed Program. Accordingly, the below listed items
and issues were observed as result of the inspection efforts: :
1.. 'A DWQ review of the Rutherford County's Water Supply Watershed Ordinance
revealed that the City.has designated Danny Searcy as the Watershed Administrator.
Please note: DWQ staff have observed that the success of other governments'
water supply watershed protection program is closely tied to having one
person assigned as the watershed -administrator.
2. Rutherford County has a web site. A review of the Rutherford County web site
revealed that the their web site houses/depicts their ordinances. However, it was the
understanding of the investigators that details of the Water Supply Watershed set
backs, rules, development density limitations, and vegetated conveyance
requirements are not uniquely detailed or identified on the County's web site.
3. Rutherford County Surface Waters Classifications and Waters are subject to
Water Supply Watershed Protection as follows: .
Broad River WS-IV
Forest City . WS-N
Cliffside . WS-IV
[riparian zone/streamside setbacks for low density is 30 feet and for high
density is 100 feet]
4. Ina written response please discuss how "new development" is informed of the
expectations that are coincident to Water Supply Watershed regulations and No"° Carolin
AWura!!y
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 2769971617 Phone [phone]
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 500/. Recycled/100/6 Post Consumer Paper'

Rutherford County
Water Supply Watershed
Compliance Evaluation Inspection
Page 2 of 3
protection. Please explain how a landowner is informed about the Water Supply
Rules such that measures are maintained after the subject development is built out.
5. Rutherford County has the option, but has chosen not to implement the 10/70
provision of the Water Supply Watershed ordinance.
6. Low Density vs. High Density Ordinance: Rutherford County has a "low" and
"high" density provision. in their ordinance. Please see the attached addendum for a
reference of low and high density requirements pursuant to the 15A NCAC 2B .0216.
It is the understanding of DWQ staff that Rutherford County has the option in their
ordinance to permit high -density projects, but has chosen not to implement this
option. Thereby, density is restricted such that no residential lot shall be less than
one-half (1/2) acre and all other development shall not exceed 24% built upon area.
[Note: Stormwater Best Management Practices Manual and the wet detention
design work sheet may be found at following web sites:
http://h2o.enr.state.ne.us/su/Manuals-Factsheets.htm#StormwaterManuals
httv://h2o.enr.stdte.ne.us/ncwetlands/Wrksheet.pdf.
These tools and references are available to help you with your review. and
'design requirements necessary to comply with the design criteria set forth in
water supply rules.]
7. The inspection revealed that no individual Water Supply Watershed Permits
(WSWP) nor zoning compliance permits are issued, but rather the County's-
application serves as the permit. Also, during the past year, Rutherford County
approved three projects, which required a compliance review to ensure compliance
with Water Supply Watershed regulations.
By copy of this letter, it is requested that Rutherford County explain in writing how
project compliance determinations are addressed for low -density projects.
Specifically, please explain the review procedures that are in place, how this analysis
is documented for the files and what changes you will make to ensure this
documentation will be available for future file reviews.
8. The Water Supply Watershed Rules [15A NCAC 2B .0216 (3) (b)] require use of
vegetated swales to the maximum extent practicable. Please explain in writing how
the Rutherford County will incorporate the use of vegetated swales as a requirement
in the review and approval process.
9. A File Review indicated that the Rutherford County files were organized and
available for review. However, the files that were reviewed as a part of this
inspection did not include copies of the subdivision approvals/process with all the
information as provided in Appendix A of the State's Model WSWP Ordinance.
It is requested by copy of this letter, that Rutherford County adopt the DWQ
watershed checklist for use with project reviews and file review documentation. In
your written response please explain the current status of these efforts.

therford County :.
ater Supply Watershed
Compliance Evaluation Inspection
Page 3 of 3
10. GIS and Mapping: During the inspection it was explained that Rutherford County
has GIS. capabilities on-line as well as hard copy maps available for the public review
in the Tax Office.
11. Watershed Violations. Rutherford County has not issued Violation Notices
associated with Water Supply Watershed violations.
Thank you for. your attention'to these matters. The Division of Water Quality
requests that, you respond in writing to this letter. within 30 days of receipt.. Your
response must address items 4; 7, 8, and 9 listed above. This written response must
be mailed to the letterhead address and to the Asheville Regional Office, to the
attention Don Price, at 2090 US Highway 20, Swannanoa NC 28778. Thank you for
your attention to these matters. If you have any questions please do not hesitate to
contact Marcia Lieber or myself at [phone], extensions 530 or 353
respectively.
Sincerely,
Danny S ith
Non Point Source Assistance and Compliance "
Oversight Unit
Addendum
cc: DWQ Central Files
ARO- Roger Edwards
NPS Assistance and Compliance Oversight
Hicks Owens, Rutherford County Planning Director,

Addendum
The following addendum is provided such that Rutherford County may have a simple
reference for building density requirements within the protected areas and critical
areas of WS-IV waters. Rutherford County has a low and high density provision in
their ordinance. As such, the low -density and high -density requirements include the
following:
WS-IV: Low -density projects (outside of the Critical Area) may, at a maximum,
include no more than two single family detached dwelling units/acre, or less than
24% impervious. For low -density non-residential development projects, outside the
critical area,'24% impervious cover may not be exceeded. Low -density projects must
use vegetated swales to the maximum extent practicable.
If the impervious surfaces, or single family dwelling units, or non-residential
developments exceed these thresholds, then the project is high density and must treat
for 85% TSS reduction, must have stream side buffers that are 100 feet, and the
project may not exceed 70% impervious surface cover.
WS-IV CA: Low -density projects (within Critical Area) may, at a maximum, include
no more than two single family detached dwelling units/acre, or less than 24%
impervious. For low -density non-residential development projects, outside the
critical area, 24% impervious cover may not be exceeded. Low -density projects must
use vegetated swales to the maximum extent practicable.
If the impervious surfaces, or single family dwelling units or non-residential developments,
exceed the aforementioned thresholds, then the project is high density and must treat for 85%
TSS reduction, must have stream side buffers that are 100 feet, and the project may not exceed
50% impervious surface cover.

le
T111"
OF W ATF
\0 94G Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins; Director
Division of Water Quality
I
February 13, 2008 D.
Rutherford County Citizens Against Pollution 18 20
and Concerned Citizens of Ferry and Harris -Henrietta Roads
c/o Peggy Hamrick WATER QUALITY SECTION
P.O. Box 215 ASHEVILLE REC'Onlgi_ OFFICE
Cliffside, NC 28024 '
Dear RCCAP and Concerned Citizens:
On February 4, 2008, the Division of Water Quality (DWQ) received your request for, our review
of a Watershed Permit issued by Rutherford County to Long Branch Partners, LLC. DWQ has
reviewed materials pertaining to this project and is satisfied that the Watershed Permit (ZONE-
11-07-3824) was issued in compliance with the state's Water Supply Watershed Protection
Rules.
It is DWQ's understanding from Section 508 of Rutherford County's Watershed Protection
Ordinance that appeals from the local Watershed Review Board are to be filed with the local
Superior Court. Please contact Julie Ventaloro at julie.ventalorooncmail net if you require
further assistance in this matter.
Tom Peder
WetlAnds & Stormwater Branch
cc: DWQ NPS-ACO Unit
DWQ 401 Oversight/Express Permitting Unit
� WQ s ev1' �e �egion ��fiFi_c�
Central Files
Barbara Edwards, Henrietta, NC
Bob Owens, Forest. City, NC
Danny Searcy, Rutherford County Planning Department
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.ne.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Atfiimatde Action Employer— 50% Recycled/10% Post Consumer'Paper
N�y,�e Carolina
dvatura!!y

DIVISION OF WATER QUALITY
July 26, 2004
MEMO TO: Jimmie Overton
FROM: Elizabeth Kounti �'
SUBJECT: Use Attainability Study Request
A proposed reclassification has been requested of the Classifications and Standards Unit
for the following waterbody:
Waterbody: -
North Fork First Broad River and tribs
County:
Rutherford County
River Basin:
Broad River Basin
Subbasin Number(s):
W-08'-04
USGS Quad Sheet(s):
Dysartsville, NC (E11SE) and Benn Knob, NC (E12SW)
Present Class: `
C Tr
Proposed Class:
HQW .
Index Number(s):
9-50-4 and tribs
Requested by: The Concerned Citizens of Rutherford County, and Mr. and Mrs. Rob McComas
L
Comments: The parties mentioned above -have requested that the North Fork First Broad River
be reclassified to Class HQW to -recognize that "The -North Fork -has -been found to
have excellent water quality..." and "If North Fork First Broad River is to retain
its excellent water quality,. it must be given High Quality Waters classification."
We would appreciate oy ur help by assessing whether a Class ORW status is
appropriate for the North Fork First Broad River and associated tribs, due to the
most recent ratings of excellent for benthic and fish community stations in the
proposed watershed. These waters are delineated. on the attached sheets.
Attachments
cc: Darlene Kucken, Trish MacPherson, Dave Goodrich, Bradley Bennett,
Coleen Sullins (DWQ — CO)
Forrest Westall, Roger Edwards', Linda Wiggs:(DWQ-ARO)
Lynne Faltraco (The Concerned Citizens of Rutherford County)
Mr. and Mrs. Rob McComas

Proposed Outstanding Resource Water Zone
a L �m _ u_ I:r.. _ _ • n _ _ _ j n ... _ _ n _ ., n
Proposed Outstanding Resource Water Zone SCALE L•46,000
V
® River Ravin Rmindary n 1 7 un icinitq rc � _

Em - ENVIRONMENTAL MANAGEMENT
2B .0300
.0306 BROAD RIVER BASIN
Classification "-
Name of Stream Description Class Date Index No.
Hills Creek
Second Broad River
Second Broad River
Riddles Creek
Suck Creek
Lake Houser
Ashworth Creek
Jones Branch
Sandy Run Creek
Boween Branch
West Fork Sandy Run
Creek
Buck Branch
Mayne Creek (East Fork
Sandy Run Creek)
Church Branch
Grog Creek
Camp Creek
Jolly Branch
Willis Branch
First Broad River
Little First Broad River
Sudlow Branch
Smalley Creek
Molly Fork
Harrison Branch
Somey Creek (McCall
Lake)
Hardbargin Branch
Three Springs Branch
Grayson Creek
Devils Fork
North Fork First Broad
River
Roper Creek
Johanna Branch
Negro Creek
From Rutherford County SR 1982 to
Ws -IV
Second Broad River
From a point 0.5 mile upstream of
WS-IV CB
Cone Mills Water Supply Intake to
Cone Mills Water Supply Intake
_
From Cone Mills Water Supply Intake
C
to Broad River
From source to Second Broad River
C
From North Carolina -South Carolina
C
State Line to Broad River
Entire lake and connecting stream to
C
Broad River
From North Carolina -South Carolina
C
State Line to BroaT River .
From source to Broad River
C
From source to Broad River
C
From source to Sandy Run Creek
C
From source to Sandy Run Creek
C
From source to West Fork Sandy Run C
Creek
From source to Sandy Run Creek C
From source to Sandy Run Creek
C
From source to Sandy Run Creek
C
From source to Broad River
C
From source to Broad River
C
From source to Broad River,
C
From source to Cleveland County
WS-V Tr
SR 1530
From source to First Broad River
C Tr
From source to Little First Broad R.
C Tr
From source to Little First Broad R.
C Tr
From source to Smalley Creek
C Tr
From source to Molly Fork
C Tr
From source to Little First Broad
C Tr
River
From source to Somey Creek
C Tr
From source to Somey Creek
C Tr
From source to First Broad River
C Tr
From source to Grayson Creek
C Tr'
From source to First Broad River
C Tr
8/1/98 9-41-24-.(2)
8/3/92 9-41-(24.3)
8/3/92 9-41-(24.7)
8/3/92 9-41-25
8/3/92 9-42
3/1/63 9-43
8/3/92 9-44
8/3/92 9-45
9/1/74 9-46
9/1/74 9-46-1
9/1/74 9-46-2
9/1/74 9-46-2-1
9/1/74 9-46-3
9/1/74 9-46-4
3/l/63 9-46-5
8/3/92 9-47
8/3/92 9-48
8/3/92 9-49
8/1/98 9-50-(1)
3/l/63 9-50-2
3/l/63 9-50-2-1
3/1/63 9-50-2-2
3/l/63 9-50-2-2-1
3/1/63 9-50-2-2-1-1
3/1/63 9-50-2-3
3/l/63 9-50-2-3-1
3/1/63 9-50-2-3-2
3/1/63 9-50-3
3/l/63 9-50-3-1
3/l/63 9-50-4
From source to North Fork First Broad C Tr 3/1/63 9-50-4-1
River
From source to Roper Creek C Tr 3/l/63 9-50-4-1-1
From source to North Fork First Broad C Tr 3/l/63 9-50-4-2
• s
River ti
8
= Wa•-k rs P(or o-wz 4o /,ae r2 c I ccss

2B .0300
EHNR - ENVIRONMENTAL MANAGEMENT
.0306 BROAD RIVER BASIN
Classification
Description
Class
Date
Index No.
Name of Stream
Sally Queen Creek
From source to North Fork First Broad
C Tr
3/l/63
9-50-4-3
Rives
From source to North Fork First Broad
C Tr
3/1/63
9-50-4-4
�k Collins Creek
South Creek (South Fork)
Rives
From source to First Broad River
C Tr
3/1/63
1-5-1
3//63
9-50-5
9-50
Allen Branch
From source to South Creek
C Tr
C Tr
3/l/63
9-50-5-2
Smart Branch
From source to South Creek
C Tr
3/1/63
9-50-5-3
Buck Hollow Branch
From source to South Creek
C Tr.
7/1/63
9-50-6
Big Branch
From source to First. Broad River
7/1/73
9-50-7
Beaverdam Creek
From source to First Broad River
C Tr
8/1/98
9-50-8
Brier Creek
From source to First Broad Rive
C Tr
C Tr
3/l/63
9-50-8-1
Pot Branch
From source to Brier Creek
C Tr
8/1/98
9-50-8-2
Pheasant Creek
From source. to Brier Creek
C
8/l/98
9-50-9
Mountain Creek
From source to First Broad River
8/1/98
9-50-10
Parker Branch
From source to First Broad River
C
8/1/98
9-50-(11)
First Broad River
From Cleveland County SR 1530 to
WS-V
mouth of Hinton Creek
8/l/98
9-50-11.5
No Business Creek
d River
From source to First Broad
C
8/1/98
9-50-12
Wards Creek
From source to First Broad River
C
8/1/98
9-50-12-1
Tims Creek
From source to Wards Creek
C
C Tr
8/1/98
9-50-12-2
Cove Creek
From source to Wards Creek -
C
8/l/98
9-50-12-3
Cox Creek
From source to Wards Creek
8/1/98
9-50-13
Duncans_Creek _
From source to First Broad River ,
C
-
-9/1/74
'9-50=13-1 -
_
Isham Fork
From source to Duncan Creek
8/1/98
9-50-13-2 ,
Cub Creek
From source to Duncan Creek
C
8/1/98
9-50-13-3
Thompson Branch
From source to Duncan Creek
C
8/1/98
9-50-13-4
Long Branch
From source to Duncan Creek
C
8/1/98
9-50-14
Big Branch
From source to First Broad River
C
8/1/98
9-50-15
Hinton Creek
pram source to First Broad River
C
9/1/74
9-50-15-1
Green Branch
From source to Hinton Creek
C
8/1/98
9-50-15-2
Taylor Branch
From source to Hinton Creek
C
8/1/98
9-50-15-3
Big Springs Branch
From source to Hinton Creek
C
8/1/98
9-50-15-4
Dark Hollow Branch
From source to Hinton Creek
C
8/1/98
9-50-15-5
Flint Hill Creek
From source to Hinton Creek
C
WS-IV
8/l/98
9-50-(15.5)
First Broad River
From mouth of Hinton Creak to a
point 1.1 mile downstream of
Crooked Run Creek
8/1/98
9-50-16-(1)
Stoney Run Creek
From source to a point 0.2 mile
C
downstream of N.C. Hwy- 10
WS-IV
8/l/98
9-50-16-(2)
Stoney Run Creek
From a point,0.2 mile downstream of
N.C. Hwy. 10 to First Broad River
WS-N
8/3/92
9-50-17
Grassy Branch
From source to First Broad River
8/1/98
9-50-18-(1)
Crooked Rua Creek
From source to a point 0.3 mile
C
downstream of Cleveland County
-
SR 1518
WS-IV
8/1/98
9-50-18-(2)
Crooked .Run Creek
From a point 0.3 mile downstream
of Cleveland County SR 1518 to
First Broad River
9

Concerned Citizens of Rutherford County
PO Box 623
Rutherfordton, North Carolina 28139-0623
828-287-4429
www.ecrcnc.org
Board of Directors
May 30, 2004
Caroline E Beam
Tom Reeder, Supervisor, Classification & Standards Unit i
Margaret Burns, Y. President
North Carolina Department of Environment & Natural Resources
Eileen Conti
Division of Water Quality -Planning Branch
1617 Mail Service Center
Dr. Michelle T. Greene
Raleigh, North Carolina 27699-1617
Janie Honrine, Secretary
Pam and Rev. Pat Jobe
Dear Mr. Reeder:
Glenda Lang
On behalf of The Concerned Citizens of Rutherford. County (CCRC), we would
Judy Padgett
like to take this opportunity to submit an application to request the reclassification
of the North Fork of the First Broad River in Rutherford.County.
Donna Robbins
Lila Simpson, President
We feel that this area of the river is important enough to warrant being reclassified
to a high quality waters (HQW) standard. The North Fork has been found to have
Annette Braley
excellent water quality, and we feel that by upgrading the classification to HQW that
Susan ward
this will give the area the extra protection that it deserves.
Advisors
KristinAlline and
The watershed for this stream is in the South -Mountains of Rutherford County, which
Jerry Stensland
has now become part of the South Mountains Game Land (Rol)ins Tract). According
Lee Bentz
to the Basin Management Plan, the Rollins Tract of the South Mountains Natural Area
Dr. Paul calvillo
contains an impressive array of high quality natural communities, rare animal
populations, and three federally -listed and twenty state -listed rare plants. Most of this is
Nnde'DeChaco
an intact -forested area, located in the northeast corner of Rutherford County and
Louie Deviney
Cleveland and McDowell: Counties. The area eAibits several rare or unusual benthic
macroinvertebrate species, which was first sampled in 1989 and rated good to excellent.
Lynne Faltraco and
A habitat score of 93 also reflected good instream and riparian habitat and in 1999, the
Michael Faltraco, Treasurer
fish community was rated as excellent. In addition to these assets, this area shelters the
Nelda Holder
watershed that supplies drinking water to the city of Shelby.
Sally Lecher
It is of interest to CCRC that the water quality, natural communities, animal populations,
Kathy Nance and rare plants are valued for their ecological significance. Thus, we are requesting that
Teresa Poniecka the North Fork of the First Broad River be upgraded to the high quality waters
classification. Thank you very much for your time and consideration in reading this
Michael Price application.
Rodney Robbins
in r ly,
Darrell Skinner
William Taylor a Faltraco
Sharon Theiss rogram Coordinator
Michael Conti, Former Enclosure: Topographic Map
President
Supports environmental integrity and sustainable communNa
printed on recycled paper

98!94!1999 _7:�6 3"Z8290761
a.�.v rnICM W-"L.T � c r a<:ytyr'1�Jo3! ;�_ 16 '04 '
INN _
APPLICATION TO REQUEST
RECLASSIFICATION OF NC SURFACE WATER
r•
]. DBLd of Request: -�
L. Req%14 .ed by (Include full contact !nformationi:A • n /l �
ca ��53 7 — Y d-/, Gf
3. River
4.
List iuery�tes) t+equestea for Reclassi5eation: (•see INIeise)
"3'� 1 -4 Wartrbody Index * Current Class
S. Alter?'t`,trt.5:
Ia a USG5 . `.m=nu►e sopoppraphic map outlining the subject waters/land area
attacttedT .
Is this a rCgwit.fort, 1riore jttJtfiG±iv: vra er 4L';rely reciW �,,atior.'_ if so,
is &resolution from all 10-W governments %%Wa ;and use jurisdiction within' the
bourn arias of & proposed water supply watershed attached?
6. Reason for Request (attaclbAddiVot# sheet if necessary): J
Additional i4onnafion on the revered tide of W: Rppi:tariaa'
4pp1108e0k Ism 99-02-GW
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North Fork First Broad River
Rutherford County Current classification C, Tr
Stream Index #9-50-4

Page 1 of 2
Rob and Amanda McComas
From: <[e-mail]>
To: <[e-mail]>
Sent: Tuesday, June 15, 2004 9:28 AM
Subject: Re: Water -Quality Information
Hi Mr. McComas,
Sorry that the attachment won't open. Here is the letter which yc
can cut and paste to a different program, modify it (if you wish)
print it. If you ' send 3 copies in the same envelope it will be
passed on to two .other members of Ross's cabinet (the cc at the.
bottom). Thank you again for participating in North Carolina's
.natural -wonders.
Jeffrey
5541 S. Wilson Hill Road
Mill Spring, NC 28756
n 2004
fsiV[} IViSi �iii;iL f{L , I �;
JUi.1,1vLJ
9Fr_ilf i.1ti .t
Y 1 11 i ._ _..__... _. _. _�..�...
June 15, 2004
Secretary Ross IlY 2
00.
Department of Environment and Natural Resources
1601 Mail Service Center DIV. Or 0jAT-ER QUALIT-f
Raleigh, North Carolina 27699 Di" iC'; ''i
Dear Secretary Ross:
I. am writing to you: as a concerned citizen and business owner
dependant upon the natural splendors of North Carolina. Our state is
home to some of the nation's last, great rivers*, lakes, and streams,.
from the Whitewater rapids of the mountains to the peaceful sounds of
the coast. But these waterways are in danger. Development is.'
increasing at an alarming rate, moving closer and closer to our
waters, putting them at a greater risk of pollution. The state must
act.now to protect healthy waters from impending degradation --North
Carolina's unspoiled waterways must be given protective
classifications to ensure that they are protected for future
generations.
One of these high quality waterways in need of protection is the
North Fork First Broad River. North Fork First Broad River, located
in the Broad River Basin, is a vital part of our community, acting as
an important recreational area for the region. This.river is
classified as a Wild Trout Water for fishing, having a naturally
sustained rainbow trout population, as well as sport fish like
6/22/04

redbreast sunfish and smallmouth bass. If North Fork First Broad
River is to retain its excellent water quality, it must be given High
Quality Waters classification.
Protecting the high water quality of North Carolina's pristine
waterways is a critical duty of DENR and the Division of Water
Quality. It is important that you review the North Fork First Broad
High Quality Waters reclassification petition immediately, so that
North Fork First Broad will be protected as soon as possible. This
reclassification is an important step in ensuring that North
Carolina's beautiful natural resources do not disappear forever.
To ensure that North Fork First Broad is adequately protected, we ask
these three things of you:
*please send a request for rulemaking to the EMC as soon as possible;
RftWift,an4
*please create a timeline for designating the approximately 100
waterways across the state needing. protection which lack either high
quality water designations, outstanding resource water designations,
or site specific plans for their protection.
-North Fork First Broad plays an integral part in the environmental
health -Broad =River�Basin-and-the-state-ofNortli Carolina. Preserving
the well-being and beauty of North Carolina requires protecting the
state's high quality rivers and streams. Please make the North Fork
First Broad petition, and other petitions for High Quality Waters and
Outstanding Resource Waters that you receive, a priority. Without the
protections that these classifications provide, ever-increasing
development will soon destroy the state's healthy rivers and
streams --we must act now to make sure such ruin doesn't happen.
Sincerely,
Mr. and Mrs. Rob McComas
Owner: Rob's Guide Service
cc:Alan Klimek, Director, Division of Water Quality
V/rom Reeder, Supervisor, Standards and Classification Unit,
Division of Water Quality
Page
6/22/04

R
State of North Carolina
Department of- Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr.T. Stevens, Director
Division of Water Quality
WATER QUALITY SECTION
January 18, 2001
Ms. Pat McEntyre
Post Office Box 504
Ellenboro, North Carolina 28040
Dear Ms. McEntyre:
A4
NCDENR'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Second Broad River..
Rutherford County
I have enclosed a copy of the Broad River Basinwide Water Quality Management Plan.
The plan was published in July 1998. The Division of Water Quality is in the process of
evaluating the Broad River basin at this time with a new plan to be published in 2002. These
plans evaluate sources that impact wafers.of the State, with the goal of restoring impaired
waters. In addition] have enclosed two reports prepared by the Division of Water Quality that
are specific to the Second Broad River. These reports contain chemical analysis and stream.
flow information for the Second Broad River.
If you. have questions feel free to contact me at 828-251-6208.
Sincerely,
O— ' e�e.'fj-tau
9 .
Ro er.�Edwards
Wastewater Consultant
xc: Enclosure,

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 10, 1998
Deborah Lovelace, City Clerk
Town of Bostic
PO Box 158
Bostic, NC 28018-0158
Dear Ms. Lovelace,
DIVISION OF WATER QUALITY
This letter is to notify you that local governments having land use jurisdiction within the
A. PRESTON ON
A
WS-IV Protected Area of the Second Broad River water supply watershed may modify
R P. their water supply watershed protection ordinance and maps for this watershed. The
DIRECTOR _: ,Environmental Management Commission approved the reduction in size of the Second
Broad River Protected Area at their February 12, 1998 meeting. The General Assembly
reviewed the adopted change and did not disapprove the revisions. Therefore, starting,
1 41, 'n im lemaentinwater su ply watershed
Am
August 1, 1998, you may revisen egi a
protection ordinances based on the reduced WS-IV Protected Area. A map illustrating
the revised Protected Area boundary and a copy of the adopted Schedule of
Classifications for the Broad River Basin (15A NCAC 2B .0306), that is based on the
revised Protected Area boundary, are enclosed.
«Please note that you are not required to modify your water supply watershed protection
ordinance or maps to reflect the reduction in the Protected Area. However, if you
choose to make the modification, we request that you submit your revised water supply
rotection ordinance and ma s outlinin the revised WS-IV Protected Area boundary to
P P g
us as soon as the revisions are completed. If you need assistance with obtaining water
supply maps, you may contact Cheryl Pearce with the Center for Geographic
Information and Analysis at [phone]. If you have any questions, you may call
at [phone], extension 566.
Sincerely,
Steve Zoufaly
Enclosures
cc: Jessica Miles, PWS
Alan Lang, DCA ARO
Paul Hughes, C COG
Forest Westall, DWQ ARO
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER

-NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August,10, 1998
Vivian Skipper, City Clerk
Town of Ellenboro
PO Box 456
Ellenboro, NC 28040-0456
Dear Ms. Skipper,
DIVISION OF WATER QUALITY
This letter is to notify you that local governments having land use jurisdiction within the
WS-IV Protected Area of the Second Broad River water supply watershed may modify
their water supply watershed protection ordinance and maps for this watershed. The
Environmental Management Commission approved the reduction in size of the Second
Broad River Protected Area at their February 12, 1998 meeting. The General Assembly
reviewed the adopted change and did not disapprove the revisions. Therefore, starting
August 1, 1998, you may revise and begin implementing water supply watershed
protection ordinances based on the reduced WS-IV Protected Area. A map illustrating
the revised Protected Area boundary and a copy of the adopted Schedule of
Classifications for the Broad River Basin (15A NCAC 2B .0306), that is based on the
revised Protected Area boundary, are enclosed.
Please note that you are not required to modify your water supply watershed protection
ordinance or maps to reflect the reduction in the Protected Area. However, if you
choose to make the modification, we request that you submit your revised water supply
protection ordinance and maps outlining the revised WS-IV Protected Area boundary to
us as soon as the revisions are completed. If you need assistance with obtaining water
supply maps, you may contact Cheryl Pearce with the Center for Geographic
Information and Analysis at [phone]. If you have any questions, you may call
me at [phone], extension 566.
Sincerely,
)VI
Steve Zoufaly v
Enclosures
cc: Jessica. Miles, PWS
Alan Lang, DCA ARO
Paul Hughes, C COG
Forest Westall, DWQ ARO
P.O. BOX 29S3S, RALEIGH, NORTH CAROLINA 27626-OS35
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/I O% POST -CONSUMER PAPER

w
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 10, 1998
`.'JAMES B. HUNTJR."��.,
•;GOVERNOR r:t
t -_ch ai
John W. Lewis, County Manager
Rutherford County
Y= ; 289 North Main Street
DIVISION OF WATER QUALITY
a�,' s,� -,.'' Rutherfordton, NC 28139
WAYNE,MCDEVITT;_f,.. t
`.SECRETARY
Dear Mr. Lewis,
'This letter is to notify you that local governments having land use jurisdiction within the
A.PREsroN HOWARD WS-IV Protected Area of the Second Broad River water supply watershed may modify
�R PE a their water supply watershed protection ordinance and maps for this watershed. The
Environmental Management Commission approved the reduction in size of the Second
`-';DIRECTOR
.-"-'Broad River Protected Area at their February 12, 1998 meeting. The General Assembly
reviewed the adopted change and did not disapprove the revisions. Therefore, starting
- $August 1, 1998, you may revise and begin implementing water supply watershed
h protection ordinances based on the reduced WS-IV Protected Area. A map illustrating
the revised Protected Area boundary and a copy of the adopted Schedule of
Classifications for the Broad River Basin (15A NCAC 2B .0306), that is based on the
revised Protected Area boundary, are enclosed.
Please note that you are not required to modify your water supply watershed protection
--=_ ordinance or maps to reflect the reduction in the Protected Area. However, if you
choose to make the modification, we request that you submit your revised water supply
4 protection ordinance and maps outlining the revised WS-IV Protected Area boundary to
A= =: us as soon as the revisions are completed. If you need assistance with obtaining water
supply maps, you may contact Cheryl Pearce with the Center for Geographic
Information and Analysis at [phone]. If you have any questions, you may call
me at [phone], extension 566.
Sincerely,
IT
Steve ufaly
Enclosures
cc: Jessica Miles, PWS
Alan Lang, DCA ARO
Paul Hughes, C COG
Furs t Y!estall, DW ARO:.�n'
P.O. BOX 29535, RALEIGH, NORTH CAROLI 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10`Yo POST -CONSUMER PAPER

ri
State -of North daga-
.Departmont_of Environment,
Health and Natural Resources -
Division. of Environmental Management
James B. Hunt, Jr., Governor'
Jonathan B. - Howes,, Secretary
A. Preston Howard, Jr-., RE, Director,'
January 10, 1997
Mr.. John W., Lewis
County Manager
Rutherford County
601 N. Main St.
Rutherfordton, NC 28139
A 4'
C) FE
F1
19��T
�JAN 1 5 5 19�
F;I
Re: Water Supply Watershed- Protection Ordinance; Rutherford, County
Dear Mr. Lewis:
The purpose of this letter is to inform you of the status of the water -supply -
watershed protection ordinance for Rutherford County. As you are aware, the
Environmental Management Commission (EMC) ' 'revised the Water Supply Watershed
Protection Rules in 1995 in order,to- clarify certain provisioin's and add flexibility for local
governments administering their water supply watershed protection programs. Staff of the
Division of Water Quality reviewed the ordinance for compliance under both the 1993 and
1995 versions of the Rules. The corrections recommended under the 1995 version of the
rules are optional,. and are noted as, such in this, letter. The other corrections' listed below are
not optional: ;Once the ordinance is amended and submitted to the Division of Water ' ,
Quality,, we will recommend approval of the ordinance by the Environmental Management
Commission.' In accordance with the Water Supply Watershed Protection
ection Act (NCGS 143-
214.5), the, County has 120 days to. correct and submit, the ordinance to the Division of
Water Quality. The deadline for submission is.Fridqy, May 9, 1997. The additional
changes that are necessary in order -for. the ordinance to meet the minimum statewide
requirements are as follows:
1. If desired, Section 103 "(D) can be modified to read as follows, consistent with the
1995 Rules revisions:,
D.
for
2. Section 202(A), it is recommended to change the following to be consistent with the
1995 Rules revisions and statewide terminology:
.. All other residential. and- non-residential development shall be allowed at a.
maximum of twenty-f6ur (24%,) .... New sites for land application -of -
sladoresiduals for..."
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

Mr. John W. Lewis
January 10, 1997
Page Two
3. Section 202 (A)(1)(a) may be modified, based on the 1995 rules revisions by
deleting all text after the first sentence (beginning with "Agricultural activities
conducted after January 1, 1093... ).
4. Under the 1995 Rules revisions, Sections 202 (A)(1)(d), and (B)(1)(d), can be
changed as follows:
All other references to hazardous materials in your water supply watershed
protection ordinance may be eliminated as well.
5. The 10%/70% provision is now available in WS-IV watersheds where the high
density option is not allowed. The County may wish to include this change in the
rules for the WS-IV protected area. If the County desires to follow the 1995 Rules
revisions for incorporating the 10%/70% provision, amend the County's ordinance
as appropriate using language from the Model Ordinance.
Also, if the County chooses to change the ordinance to include the 10%/70%
provision, submit the amount of land available (as of 7/l/95) for development in
each of the watershed areas in the County's jurisdiction where the 10%/ 70%
provision is allowed.
6. Amend Section 203 to the following, if desired, to be consistent with the 1995
Rules revisions:
(A)... Density or bBuilt-upon area for the
project...
(C) ... e
t T itle of to the open space area shall be conveyed to the an incorporated
homeowners association for management; to a local government for preservation as'
permanent easement. Where a property association is not incorporated, a
maintenance agreement shall be filed with the property deeds.
7. The County may wish to change Section 204(B) as follows to reflect the 1995
revisions to the Rules:
"No new development is allowed in the buffer except that water dependent
structures, other structures such as flag poles. signs. and securitylights which
result in only diminutive increases in impervious area, and public works
projects...
8. The following sections may be deleted, based on the 1995 Rules revisions: Section
206(C) and the first sentence of Section 209.
9. In section 401(C) and (E), modify the following:
"...to the
Seems, Division of Water Quality. In July 1996, the
Division of Environmental Management became the Division of Water Quality. All
other -references in the ordinance to the Supervisor of the Classification and

Mr. John W. Lewis
January 10, 1997.
Page Three
Standards Groups, Water Quality Section, Division of Environmental Management
should be changed.
10. Add or amend the following definitions consistent with the 1995 revisions to the
State Rules:
a) .. Built -upon area. Built -upon area shall include that portion of a
development project that is covered by impervious or partially impervious
cover including buildings, pavement, gravel feads areas e.g. roads,
parkin lots, ots, paths), recreation facilities (e.g. tennis courts), etc. (Note:
Wooden slatted decks and the water area of a swimming pool are
considered pervious).
b) Discharging Landfill. A landfill which discharges treated leachate and
which requires a National Pollution Discharge Elimination System
(NPDES) permit.
c) Existing Development. [The wording in the Rules and Model Ordinance
for the definition of existing development was amended in 1995 to be more
consistent with zoning law. It is advisable but not required for you to
amend the definition of existing development in the Town's ordinance as
follows:]
... (1) substantial expenditures of resources (time, labor, money) based on a
good faith reliance upon having received a valid local government approval
to proceed with the project, or
(2) having an outstanding valid building permit as authorized by the
General Statutes ( G.S. 153A-344.1 and G.S. 1 60 A 345z), or
(3) , labor-, ineney) and
Having an approved site specific or phased development plan as authorized
by the General Statutes (G.S. 153A-344.1 and G.S. 160A 85.1)
d) Major Variance A variance from the minimum statewide water supply
watershed protection rules that results in any ane ef mere of the following
{� ,
(2) a, the relaxation, by a factor of more greater than ten (10) percent, of
any management requirement that takes the form of a, numerical standard
under the low density option.
e) Minor Watershed Variance. A variance hat does net qualify as a J
water -shed vari ne from the minimum statewide watershed protection rules
that results in a relaxation. by a factor of up to ten (10) percent, of any
management requirement under the low density option.
f)
amendments) that does not meet the minimum lot size or other development
requirements of this ordinance.
g) Protected area. The area adjoining and upstream of the critical area of
WS-IV watershed. The boundaries of the protected area are defined as

ivlr.. John W. Lewis
January 10, 1997
Page Four
g)
reservoir or to the ridgeline of the watershed: or within 10 miles upstream-,
and draining to the intake located directly in the stream or river or to the
ridgeline of the watershed.
All other aspects of your ordinance are acceptable and we anticipate an expeditious
final approval from the Environmental Management Commission once the above noted
corrections are made and the ordinance is resubmitted. Although you are not required to
update your ordinance to meet the 1995 revisions to the Water Supply Watershed
Protection Rules, you may wish to consider these new rules when amending your
ordinances to incorporate the required changes listed above. If you have any questions
regarding the Water Supply Watershed Protection Program, please contact Amy Blizzard at
[phone], ext. 583 at your convenience. Thank you in advance for your cooperation
and support of the Water Supply Watershed Protection Program.
Sincerely,
�
A: Preston Howard, Jr., P.E.
cc: Amy Blizzard
Forrest WestaU, ­ARO DWQ-
Alan Lang, RRO DCA
DWQ Central Files
Marshall Atchley, Rutherford County Inspector/ Planning Director

WS-IV density issue
Subject: WS-IV density issue
From: Boyd Devane <[e-mail]>
Date: Fri, 08 Sep 2006 11:24:51 -0400
To: Danny Searcy <[e-mail]>
CC: Laurie Moorhead <[e-mail]>, Danny Smith <[e-mail]>,
Tom Reeder <[e-mail]>, Bradley Bennett <[e-mail]>
In your August 25, 2006 letter to Danny Smith, you asked about the impervious
limitations for the protected area of a WS-IV watershed. The issue of concern was
whether 24% or 36% was the maximum built -upon acceptable when approving a
non-residential development . Based on our review of the codified language,
Division staff have determined that the rules would allow 36% built -upon area and
the project could still be considered Low Density development. [Note: Danny Smith
has concurred with this assessment and noted that his letter would have been better
had it provide further discussion on the possibility of using the 36% option.]
Our rules state that 36% built -upon may be allowed for projects "without curb and
gutter street systems" and that "Stormwater runoff from the development shall be
transported by vegetated conveyances to the maximum extent practicable." Thereby,
for projects choosing the 3 dwelling units or 36% option must have: 1) a road
system, 2)may not have curb and gutter, and 3) must carry stormwater by vegetated
conveyances.
On the mining project under consideration in the county, I urge you to look
carefully at the plans for stormwater runoff and take whatever steps are necessary
to maximize protection for the downstream drinking waters. I hope this addresses
your question. Please let me know if additional information is needed.
1 of 1 9/8/2006 11:55 AM

Hicks .Owens, Director,
August 25, 2006
D E
AUG 2 8 2006
WATER QUALITY SECTION
ASHEVILLE REG16NAL OFFICE
Danny Searcy;.County Planner. '
Rutherford County
Planning Department
Division of Water Quality
Wetlands and Storm -water Branch
Danny Smith
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject. Water Supply Watershed Program Inspection
Dear Mr. Smith:
Thank you for your site visit on June 22, 2006 and for your letter of follow up to that meeting. I would also
like, to take this opportunity to extend our appreciation to you and especially lvlr.,Boyd Devane for the ongoing
assistance and guidance over the past year. The direction from your office has been quite valuable in our efforts
to make the watershed program for Rutherford County the best that it can be. This letter provides the written
response(s) that you requested in your follow up letter. I will address your concerns as well as ask for additional
support from you in this written response. Practically each question for which you have requested a written
response was thoroughly covered during your site visit, and is reiterated below.
As "new development" occurs in any of Rutherford's water supply watershed areas the parties involved are
.l required to be informed by the surveyed plat reflecting the details noted in Article 200 of the watershed
4 /ordinance which notes that development restrictions may apply, shows applicable setbacks from surface waters,
V and is filed with the register of deeds. Additionally, when an applicant pursues a building permit, the county's
GIS watershed layer is checked to further inquire the plans and intent while informing the applicant that they are
limited to 2 dwellings per acre and of the setbacks, as well as any possible erosion control concerns.
In item # six of your letter you made the statement that low density development shall not exceed 249/6
built -upon area. Could you please provide written clarification of the language in the model ordinance
1 `W (Rutherford's too) that says "or 36% built -upon area is allowed for projects without a curb and gutter street
o system." (Model ordinance from your website: Article 302 (G)(2)(b). Also would you please respond to give
12J further details on the definition of "Non -Residential" development?
In your letter you noted three approved projects; please correct your notes concerning the three "approved"
✓projects during the past year to read three project applications have been submitted; only one is approved
currently, one is underway, and one pending.
0Y-
141 West Third Street, Rutherfordton, NC 28139 ♦ 828-287-6035 ♦ 828-
287-6338 (FAX)

As for project compliance determinations and review procedures, our key indicator begins with your model
ordinance language that we adopted in that, "only new development activities that require an
Y erosion/sedimentation control plan under State law or approved local government program are required to meet
�L • ��� the provisions of this ordinance when located in a WS-IV watershed." If applicable the following is required:
An application for watershed development; Complete set of plans; Approval letters from multiple divisions
W 1'0' involved such as NC DENR, US Army Corp of Engineers, or other regulatory agencies; Copy of deed/lease
agreements validating rights to property-, Miscellaneous studies by a certified engineer at our request, such as a
ti hydrologic study, impervious surface percentage report, spill containment plans, etc. Once obtained and in
compliance, approval is granted and documents remain in watershed administrator's file.
vp
W'06 In response to your question of using vegetated swales as a requirement, we currently ensure that NC
DENR Land quality office of erosion control realizes that the property is a WS-IV water supply watershed.
Rutherford seeks their (currently Wayne Watkins) guidance on what is advised and we strictly enforce the
setbacks, buffers, and follows the advice of land quality.— �)& C@th 5 — oj�,,k VLG b L T hw ka
J_' 613 have printed the Appendix A from your website and will begin immediately to utilize it with project
reviews of applicable development within the water supply watershed.
The items above address the written responses that you have requested. I too respectfully request that you
please provide guidance, assistance, and information that would aid Rutherford County to effectively administer a
functional, compliant watershed program. If there are rules that our ordinance conflicts with please bring those
to my attention, as the local ordinance is the operative document utilized and was drafted and adopted from the
model ordinance that your department makes available.
In closing, my request bears repeating for clarification on the built -upon area and allowable percentage of a
project. The addendum that you sent appears to ignore the section of the ordinance noted above and as you are
It-�aware the pending project mentioned above is pursuing the 36% non curb and gutter impervious surface criteria.
tN In lieu of this your timely response is greatly appreciated.
Regards, i 5 A tic (�a o d o a 1 l0 1~ti�t w 5t.�u C3� Cbx i l4 Low
C� -�c N ' • ale �o �" n� (vlr lQ.-1?� `�s n e � i n f a .1 A -
� p
Danny Searcy a. k%d^
Rutherford County
County planner.
828.287.6035
Cc: ARO Roger Edwards
Don Price
141 West Third Street, Rutherfordton, NC 28139 s 828-287-6035 ♦ 828-
287-6338 (FAX)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
` North Carolina Department of Environment and Natural Resources
e.V Alan.W. Klimek, P.E. Director
Division of Water Quality
July 25, 2006
Rutherford County Planning Department
Attention: Danny Searcy, County Planner
141 West Third Street
Rutherfordton, NC 28139
F D
E �. E y
E D
J U L 2 8 2006
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject: Local Government Water Supply Watershed Program
Compliance Evaluation Inspection
Rutherford County
Dear.Mr. Searcy:
On June 22, 2006, Don Price from the Asheville Regional Office and Marcia
Lieber and I from the conducted a Compliance Evaluation Inspection of the County
of Rutherford Water Supply Watershed Program. Accordingly; the below listed items
and issues were observed as result of the inspection efforts:
1. A DWQ review of the Rutherford County's Water Supply Watershed Ordinance
revealed that the City has designated Danny Searcy as the Watershed Administrator.
Please note: DWQ staff have observed that the success of other governments'
water supply watershed protection program is closely tied to having one
person, assigned as the watershed administrator.
2. Rutherford County has a web site. A review of the Rutherford County web site
revealed that the their web site houses/depicts .their ordinances. However, it was the
understanding of the investigators that details of the Water Supply Watershed set
backs, rules, development density limitations, and vegetated conveyance
requirements are not uniquely detailed or identified on the County's web site.
3. Rutherford County Surface Waters Classifications and Waters are subject to
Water Supply Watershed Protection as follows:
Broad River WS-IV
Forest City WS-IV
Cliffside WS-IV
[riparian zone/streamside setbacks for low density is 30 feet and for high
density is 100 feet]
�4. Ina written response please discuss how "new development" is informed of the
expectations that are coincident to Water Supply Watershed regulations and go Carolin
Wura!!y
Wetlands and Stormwater Branch 1617 Mail Service Center . Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

utherford County
Water Supply Watershed
Compliance Evaluation Inspection
Page 2 of 3
protection. Please explain how a landowner is informed about the Water Supply
Rules such that measures are maintained after the subject development is built out. -:
5. Rutherford County has the option, but -has chosen not to implement the l ono
provision of the Water Supply Watershed ordinance.
6. Low Densitv vs. High Density Ordinance: Rutherford County has a "low" and
"high" density provision in their ordinance. Please see the attached addendum for a
reference of low and high density requirements pursuant to the 15A NCAC 2B .0216.
It is the understanding of DWQ staff that Rutherford County has the option in their
ordinance to permit high -density projects, -but has chosen not to implement this
option. Thereby, density is restricted such that no residential lot shall be less than -
one -half (1/2).acre and all other development shall not exceed 24% built upon area.
[Note: - Stormwater Best Management Practices Manual and the wet detention
design work sheet may be found at following web sites:
hq://h2o.enr.state.nc.us/su/Manuals Factsheets.htm#StonnwaterManuals
http://h2o.enr.stdte.nc.us/ncwetlands/wrksheet.pdf.
These tools and references. are available to help you with your review and
design requirements necessary to comply with the design criteria set forth in
water supply rules.]
7. The inspection revealed that no individual Water Supply Watershed Permits
(WSWP) nor zoning compliance permits are issued, but rather the County's
application serves. as the permit. Also, during the past year, Rutherford County
approved three projects, which required a compliance review to ensure compliance
with Water Supply Watershed regulations.
By copy of this letter, it is requested that Rutherford County explain in writing how
project compliance determinations are addressed for low -density projects.
pecifically, please explain the review procedures that are in place, how this analysis
is documented for the files and what changes you will make to ensure this
documentation will be available for future file reviews.
8. The Water Supply Watershed Rules [15A NCAC 213.0216 (3) (b)] require use of
vegetated swales to the maximum extent practicable. Please explain in writing how
the Rutherford County will incorporate the use of vegetated swales as a requirement
in the review and approval process.
A A File Review indicated that the Rutherford County files were organized and
6L , available for review. However, the files that were reviewed as a part of this
inspection did not include copies of the subdivision approvals/process with all the
information as provided in Appendix A of the State's Model WSWP Ordinance.
It is requested by copy of this letter, that Rutherford County adopt the DWQ
atershed checklist for use with project reviews and file review documentation. In
your written response please explain the current status of these efforts.
lT"

utherford County
Water Supply Watershed
Compliance Evaluation. Inspection
Page 3 of 3
10. GIS and Mapping. During the inspection it was explained that Rutherford County
has GIS capabilities on-line as well as hard copy maps available for the public review
in the Tax Office.
11. Watershed Violations. Rutherford County. has not issued Violation Notices
associated with Water Supply Watershed violations.
Thank you foryour attention to these matters. The Division of Water Quality
requests that you respond in writing to this letter within 30 days of receipt. Your
response must address items 4, 7, 8, and 9 listed above. This written response must
be mailed -to the letterhead address and to the Asheville Regional Office, to the
attention Don Price, at 2090 US Highway 20, Swannanoa NC 28778. Thank you for
your attention to these matters. If you have any questions please do not hesitate to
contact Marcia Lieber or myself at [phone], extensions 530 or 353
respectively.
Sincerely,
Danny S ith
Non Point Source Assistance and Compliance
Oversight Unit
Addendum
cc: DWQ Central Files
R®- oger . ddIs►
PS Assistance and Compliance Oversight
Hicks Owens, Rutherford County Planning Director,

Addendum
The following addendum is provided such that Rutherford County may have a simple
reference for building density requirements within the protected areas and critical
areas of WS-IV waters. Rutherford County has a low and high density provision in
their ordinance. As such, the low -density and high -density requirements include the
following:
WS-IV: Low -density projects (outside of the Critical Area) may, at a maximum,
include no more than two single family detached dwelling units/acre, or less than
24% impervious. For low -density non-residential development projects, outside the
critical area, 24% impervious cover may not be exceeded. Low -density projects must
use vegetated swales to the maximum extent practicable.
If the impervious surfaces, or single family dwelling units, or non-residential
developments exceed these thresholds, then the project is high density and must treat
for 85% TSS reduction, must have stream side buffers that are 100 feet, and the
project may not exceed 70% impervious surface cover.
WS-IV CA: Low -density projects (within Critical Area) may, at a maximum, include
no more than two single family detached dwelling units/acre, or less than 24%
impervious. For low -density non-residential development projects, outside the
critical area, 24% impervious cover may not be exceeded. Low -density projects must
use vegetated swales to the maximum extent practicable.
If the impervious surfaces, or single family dwelling units or non-residential developments,
exceed the aforementioned thresholds, then the project is high density and must treat for 85%
TSS reduction, must have stream side buffers that are 100 feet, and the project may not exceed
50% impervious surface cover.

of W aTFq Michael F. Easley, Govemor
\O� pG. William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources
-
Q Alan W. Klimek, P.E. Director
Division of Water Quality
July 25 ^ ` l
2006
t
Rutherford County Planning Department t
. Attention: Danny Searcy, County Planner f, 'l ( 1 1
141 West Third Street i __ `t...`,`r..`._._._._ ,,F .�_�.t
Rutherfordton, NC 28139 -- .
Subject: Local Government Water Supply. Watershed Program
Compliance Evaluation Inspection
Rutherford County
Dear Mr. Searcy:
On June 22, 2006, Don Price from the Asheville Regional Office and Marcia
Lieber and I from the conducted a Compliance Evaluation Inspection of the County
of Rutherford Water Supply Watershed Program. Accordingly, the below listed items
and issues were observed as result of the inspection efforts:
1. A DWQ review of the Rutherford County's Water Supply Watershed Ordinance
revealed that the City has designated Danny Searcy as the Watershed Administrator.
Please note: DWQ staff have observed that the success of other governments'
water supply watershed protection program is closely tied to having one
person assigned as the watershed administrator.
2. Rutherford County has a web site. A review of the Rutherford County web site
revealed that the their web site houses/depicts their ordinances. However, it was the
understanding of the investigators that details of the Water Supply Watershed set
backs, rules, development density limitations, and vegetated conveyance
requirements are not uniquely detailed or identified on the County's web site.
3. Rutherford County Surface Waters Classifications and Waters are subject to
Water Supply Watershed Protection as follows: ,
Broad River WS-IV
Forest City WS-IV
Cliffside WS-IV
[riparian zone/streamside setbacks for low density is 30 feet and for high
density is 100 feet]
4. In a written response please discuss how "new development" is informed of the
expectations that are coincident to Water Supply Watershed regulations and No"` Carolin
turail;
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Rutherford County
Water Supply Watershed
Compliance Evaluation Inspection
Page 2 of 3
protection. Please explain how a landowner is informed about the Water Supply
Rules such that measures are maintained after the subject development is built out.
5. Rutherford County has the option, but has chosen not to implement the 10/70
provision of the Water Supply Watershed ordinance.
6. Low Density vs. High Density Ordinance: Rutherford County has a "low" and
"high" density provision in their ordinance. Please see the attached addendum for a
reference of low and high density requirements pursuant to the 15A NCAC 2B .0216.
It is the understanding of DWQ staff that Rutherford County has the option in their
ordinance to permit high -density projects, but has chosen not to implement this
option. Thereby, density is restricted such that no residential lot shall be less than
one* half (1/2) acre and all other development shall not exceed 24% builtupon'area.
[Note: Stormwater. Best Management Practices Manual and the wet detention
design work sheet may be found at following web sites:
http://h2o.enr.state.ne.us/su/Manuals-Factsheets.htm#StormwaterManuals
httv://h2o.erit.stdte.nc.us/ncwetlands/wrksheet.vdf.
These tools and references are available to help you with your review, and
design requirements necessary to comply with the design, criteria set forth in
water supply rules:]
7. The inspection revealed that no individual Water Supply Watershed Permits.
(WSWP) nor zoning compliance permits are issued, but rather the County's"
application serves as the permit. Also, during the past year, Rutherford County
approved three .projects, which required a compliance review to ensure compliance. .
with Water Supply Watershed regulations.
By copy of this letter, it is requested that Rutherford County explain in writing how
project compliance determinations are addressed for low -density projects.
Specifically, please explain the review procedures that are in place, how this analysis
is documented for the files and what changes you will make to ensure this
documentation will be available for future file reviews.
8. The Water Supply Watershed Rules [ 15A NCAC 2B .0216 (3) (b)] require use of
vegetated swales to the maximum extent practicable.. Please explain in writing how
the Rutherford County will incorporate the use of vegetated swales as a requirement
in the review and approval process.
9. A File Review indicated that the Rutherford County files were organized and
available for review. However, the files that were reviewed as a part of this
inspection did not include'copies of the subdivision approvals/process with all the
information as provided in Appendix A of the State's Model WSWP Ordinance.
It is requested by copy of this letter, that Rutherford County adopt the DWQ
watershed checklist for use with project reviews and file review documentation. In
your written response please explain the current status of these efforts.

Rutherford County
Water Supply Watershed
Compliance Evaluation Inspection
Page 3 of 3
10. GIS and Mapping. During the inspection it was explained that Rutherford County
has GIS capabilities on-line as well as hard copy maps available for the public review
in the Tax Office.
11. Watershed Violations. Rutherford County has not issued Violation Notices
associated with Water Supply Watershed violations.
Thank you for. your attention to these matters. The Division of Water Quality
requests that you respond in writing to this letter within 30 days of receipt.. Your
response must address items 4; 7, 8, and 9 listed above.. This written response must
be mailed to the letterhead address and to the Asheville Regional Office, to the
attention Don Price, at 2090 US Highway 20, Swannanoa NC 28778. Thank you for
your attention to these matters. If you have any questions please do not hesitate to
contact Marcia Lieber or myself at [phone], extensions 530 or 353
respectively.
Sincerely,
Danny S ith
Non Point. Source Assistance and Compliance
Oversight Unit
Addendum
cc: DWQ Central Files
ARO- Roger Edwards
NPS Assistance and Compliance Oversight
Hicks Owens, Rutherford County Planning Director,

Addendum
The following addendum is provided'such that Rutherford County may have a simple
reference for building density requirements within the protected areas and critical
areas of WS-IV waters. Rutherford County has a low and high density provision in
their ordinance. As such, the low -density and high -density requirements include the
following:
WS-IV: Low -density projects (outside of the Critical Area) may, at a maximum, .
include no more than two single family detached dwelling units/acre, or less than
24% impervious. For low -density non-residential development projects, outside the
critical area, 24% impervious cover may not be exceeded. Low -density projects must
use vegetated swales to the maximum extent practicable.
If the impervious surfaces, or single family dwelling units, or non-residential
developments exceed these thresholds, then the project is high density and must treat
for 85% TSS reduction, must have stream side buffers that are 100 feet, and the
project may not exceed 70% o impervious surface cover.
WS-IV CA: Low -density projects (within Critical Area) may, at a maximum, include
no more than two single family detached dwelling units/acre, or less than 24%
impervious. For low -density non-residential development projects, outside the
critical area, 24% impervious cover may not be exceeded. Low -density projects must
use vegetated swales to the maximum extent practicable.
If the impervious surfaces, or single family dwelling units or non-residential developments,
exceed the aforementioned thresholds, then the project is high density and must treat for 85%
TSS reduction, must have stream side buffers that are 100 feet, and the project may not exceed
50% impervious surface cover.

Hicks Owens; Director
August 25, 2006
'f �� �-u'}„�K.`.S A4 ,yt,},1' YFW'. ♦ .. n.: V^ A: 1".rr,. �rl-Yra... ��..�.
n E C E E.
i _ t
t
.rr1 AUG 2 8 2006
WATER QUALITY SECTION
-Da ny Searcy�LCountyp-1 i.4iue FFICE
Rutherford. County
Planning Department
Division of Water Quality
Wetlands and Stormwater Branch
Danny Smith
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Water Supply Watershed Program Inspection
Dear Mr. Smith:
Thank you for your site visit on June 22, 2006 and for your letter of follow up to that meeting. I would also
like to take this opportunity to extend our appreciation to you and especially Mr. Boyd Devane for the ongoing
assistance and guidance over the past year. The direction from your office has been quite valuable in our efforts
to make the watershed program for Rutherford County the best that it can be. This letter provides the written-
response(s) that you requested in your follow up letter. I will address your concerns as well as ask for additional
support from you in this written response. Practically each question for which you have requested a written
response was thoroughly covered during your site visit, and is reiterated below
As "new development" occurs in any of Rutherford's water supply watershed areas the parties involved are
required to be informed by the surveyed plat reflecting the details noted in Article 200 of the watershed
ordinance which notes that development restrictions may apply, shows applicable setbacks from surface waters,
and is filed with the register of deeds. Additionally, when an applicant pursues a building permit, the comity's
GIS watershed layer is checked to further inquire the plans and intent while informing the applicant that they are
limited to 2 dwellings per acre and of the setbacks, as well as any possible erosion control concerns.
In item # six of your letter you made the statement that low density development shall not exceed 24%
built -upon area. Could you please provide written clarification of the language in the model ordinance
(Rutherford's too) that says "or 36% built -upon area is allowed for projects without a curb and gutter street
system." (Model ordinance from your website: Article 302 (G)(2)(b). Also would you please respond to give
further details on the definition of "Non -Residential" development?
In your letter you noted three approved projects; please correct your notes concerning the three "approved"
projects during the past year to read three project applications have been submitted; only one is approved
currently, one is underway, and one pending.
141 West Third Street, Rutherfordton, NC 28139 ♦ 828-287-6035 ♦ 828-
287-6338 (FAX)

As for project compliance determinations and review procedures, our key indicator begins with your model
ordinance language that we adopted in that, "only new development activities that require an
erosion/sedimentation control plan under State law or approved local government program are required to meet
the provisions of this ordinance when located in a WS-IV watershed." If applicable the following is required:
An application for watershed development; Complete set of plans; Approval letters from multiple divisions
involved such as NC DENR, US Army Corp of Engineers, or other regulatory agencies; Copy of deed/lease
agreements validating rights to property; Miscellaneous studies by a certified engineer at our request, such as a
hydrologic study, impervious surface percentage report, spill containment plans, etc Once obtained and in
compliance, approval is granted and documents remain in watershed administrator's file.
In response to your question of using vegetated swales as a requirement, we currently ensure that NC
DENR Land quality office of erosion control realizes that the property is a WS-IV water supply watershed.
Rutherford seeks their (currently Wayne Watkins) guidance on what is advised and we strictly enforce the
setbacks, buffers, and follows the advice of land quality.
I have printed the Appendix A from your website and will begin immediately to utilize it with project
reviews of applicable development within the water supply watershed.
The items above address the written responses that you have requested. I too respectfully request that you
please provide guidance, assistance, and information that would aid Rutherford County to effectively administer a
functional, compliant watershed program. If there are rules that our ordinance conflicts with please bring those
to my attention, as the local ordinance is the operative document utilized and was drafted and adopted from the
model ordinance that your department makes available.
In closing, my request bears repeating for clarification on the built -upon area and allowable percentage of a
project. The addendum that you sent appears to ignore the section of the ordinance noted above and as you are
aware the pending project mentioned above is pursuing the 36% non curb and gutter impervious surface criteria.
In lieu of this your timely response is greatly appreciated.
Regards,
Danny Searcy V
Rutherford County
County Planner
828.287.6035
Cc: ARO Roger Edwards
Don Price
141 West Third Street, Rutherfordton, NC 28139 ® 828-287-6035 ♦ 828-
287-6338 (FAX)

Michael F. Easley, Governor
William.G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality ..
May 4, 2006
Mr. John Condrey, County Manager FRLJ
CE
Rutherford County
289 North Main Street
Rutherfordton, NC 28139 FMAY - 9 2006
Subject: Implementation of the Watershed Protection Program WATER QUALITY SECTION
ASHCVILLE REGIONAL OFFICE
Dear Mr. Condrey: —^
The Nonpoint Source Assistance and Compliance Oversight Unit of the Division of Water
Quality have been provided with information that Rutherford County has not been implementing their
Water Supply Watershed Protection Ordinance. Specifically, information has been provide that
indicates that permits are being issued in a water supply watershed without approval of the Watershed
Administrator. We wereprovided evidence that three septic permits were issued to Long Branch
Partners and a subdivision, Cliffside Estates, were approved without proper verification from the
Water Supply Watershed Administrator. By copy of this letter we are requesting that you specifically
address these matters in writing detailing whether the local ordinance provisions were followed for
these permits.
Although our limited staff has not enabled us to make many individual program inspections
recently, we hope to be able to significantly increase on -site inspections in the next few months.
However, we are'very concerned when we are given information that indicates a local program is not
being implemented. Accordingly, it is the intention of the Nonpoint Source Assistance and
Compliance Oversight Unit to schedule an audit of the Rutherford County Water Supply Program.
Thank you for your attention to this matter. You are requested to respond in writing to this
correspondence within 20-days of receipt of this letter. Further, you should contact me at (919) 733-
5083 ext 353 in order to schedule your inspection.
Sincerely,
::7
Danny thUpervisor
NPS Assistance and Compliance Oversight
cc: ARO - Roger Edwards
ARO - Laurie- . rh a
S Assistance and Compliance Oversight File Copy
Central Files
Wetlands and Stormwater Branch — Boyd DeVane
None Carolina
Naturally
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

O�O� W AT �qQG
r
w -H
!!r'
�i
May 4, 2006
Mr. John Condrey, .County Manager
Rutherford County
289 North Main Street
Rutherfordton, NC 28139
Subject: Implementation of the Watershed Protection Program
Michael F. Easley, Governor
William.G. Ross Jr., Secretary
North Carolina Department of Environment'and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
R
���C
LIFMAY - 9 2006
TER QUALITY —SECTION
ASHEVILLE REGIONAL OFFInr-
Dear Mr. Condrey:
The Nonpoint Source Assistance and Compliance Oversight Unit of the Division of Water
Quality have been provided with information that Rutherford County has not been implementing their
Water Supply Watershed Protection Ordinance. Specifically, information has been provide that
indicates that permits are being issued in a water supply watershed without approval of the Watershed
Administrator. We were provided evidence that three septic permits were issued to Long Branch
Partners and a subdivision, Cliffside Estates, were approved without proper verification from the
Water Supply Watershed Administrator. By copy bf this letter we are requesting that you specifically
address these matters in writing detailing whether the local ordinance provisions were followed for
these permits.
Although our limited staff has not enabled us to make many individual program inspections
recently, we hope to be able to significantly increase on -site inspections in the next few months.
However, we are very concerned when we are given information that indicates a local program is not
being implemented. Accordingly, it is the intention of the Nonpoint Source Assistance and
Compliance Oversight Unit to schedule an audit of the Rutherford County Water Supply Program.
Thank you for your attention to this matter. You are requested to respond in writing to this
correspondence within 20-days of receipt of this letter. Further, you should contact me at (919) 733-
5083 ext 353 in order to schedule your inspection.
Sincerely,
Danny th, Unit Supervisor
NPS Assistance and Compliance Oversight
cc: AIZOloger Edward`1
ARO - Laurie Moorhead
NPS Assistance and Compliance Oversight —File Copy
Central Files
Wetlands and Stormwater Branch — Boyd DeVane
NNaoe Carolina
ruraay
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

MEMO TO:
FROM:
SUBJECT:
DIVISION OF WATER QU.
January 22, 2003
Jimmie Overton
Elizabeth Kounti�
Use Attainability Study
0
A proposed reclassification has been requested of the Classifications and
Standards Unit for the following waterbody:
Waterbody:
Portion of Broad River and associated whole
or partial tributaries
County:
Rutherford, Polk
River Basin:
Broad River Basin
Subbasin Number(s):
03-08-02
USGS Quad Sheet(s):
Fingerville West, SC -NC (G10NE);
Fingerville East, SC -NC (G11NW);
Chesnee, SC -NC (G11NE);
Rutherfordton South, NC (F11SW)
Present Class:
C
Proposed Class:
WS-IV CA, WS-Iv
Index Number(s):
Portion of 9-(25.5); portion of 9-29-(33);
9-30 through 9-36; 9-36-1
Requested by: McGill Associates, P.A. on behalf of Town of Forest City
Comments: The Town of Forest City has requested that a section of the Broad
River in Rutherford and Polk Counties be reclassified to represent
a Water Supply -IV watershed [WS-IV CA and WS-IV (PA)]. The
request states that the reclassification is needed in order to constuct
a potable water supply intake. We would appreciate your help by
assessing whether a water supply classification is appropriate for
the Broad River from the proposed intake, which is approximately
0.8 mile downstream of Richardson Creek, to a point
approximately 1 1 miles upstream of Green River, and all of the
tributaries or parts of tributaries to this river portion that fall within
the proposed WS-IV watershed. The proposed watershed is
delineated on the attached sheet.
Attachments
cc: Keith Webb, McGill Associates
Coleen Sullins, Dave Goodrich, Bradley Bennett, DWQ Central Office
Dianne Reid, DWQ ESB
Forrest Westall, DWQ ARO
Harold Saylor, DEH ARO

W-
Broad River (Forest, City) = Broad
Proposed Amendment .
--------------- -
SOUTH CAROLINA
Proposed Water Supply Watershed data compiled by SCALE L•115,0DO ® Municipality Lake or Reservoir
NCDWQ/NCCGIA, and automated by NCCGIA, August ® Critical Area ® NPDES-Domestic
1991. Most current revision: January 2003 a 2 4 u1LEs AUfll[Rf OA
Municipality data collected for the Powell Bill) Map Produced by the N.C. Center [or ® eotK �'
i A .. urn m Balance of Watershed A NPDES-Industrial
„i„ �nnn or Protected Area m W.V.

r
f
Water Supply Watershed Fact Sheet
(Proposed Amendment)
Watershed: Broad River (Forest City)
Major River Basin: Broad
User (s) :
Current Classification: C
Recommended Classification:
Watershed Drainage Area:
Watershed or Protected Area: 25,658 acres
Critical Area: 198 acres
Total Area: 25,856 acres
Approximate Jurisdictional Composition Of Watershed:
Percent of Percent.of
Counties Acres Watershed Jurisdiction
POLK 3,196 12 2
RUTHERFORD 22,661 88 6
Municipalities
Percent of Percent of
Acres Watershed Jurisdiction
Existing DOMESTIC type dischargers:
Existing INDUSTRIAL type dischargers:
Land Use:
Area 1:24,000-scale quad names (& numbers):
Chesnee (G11NE)
Fingerville East (G11NW)
Fingerville West (G10NE)
Rutherfordton South (F11SW)

= On 1y for tiov� -{D recfo�ssr fi'eal
i'JIR - :17MO',IM-12IT L ` NAGEI—RIT
.0306 BROAD Ell 3AS-I
Name of Stream
Creek
Piney Knob Creek
Mountain Creek
Maple Creek
Maple Creek
Mountain Creek
+Cp rWhJ BROAD RIVER
Cleghorn Creek
Stonecutter Creek
Charles Creek
Grays Creek
Green River
South Prong Green River
Long Rock Branch
Shoal Branch
Big Laurel Creek
Uncles Creek
Bear wallow Creek
Aaron Creek
Falls Creek
Meetinghouse Creek
Phillips Creek (Bobs
Creek)
Rock Creek
North Prong Rock Creek
Hampy Creek
Long Branch
Green River
Falling Creek
Joe Creek
'Bell Creek
Cabin Creek
Bobs Creek
Terry Creek
Unnamed Tr:butaz7 at
N.C. Elkus Camp
!'nlA Rranrh
Description Class
From source to Mountain Creek
C
From a point 0.5 mile downstream of
WS-IV
U.S. Hwys. 6404 to a point 0.4 mile
upstream of mouth
From source to a point 9.6 mile down-
C
stream of Rutherford County SR 1178
From a point 0.6 mile downstream of
WS-IV
Rutherford County SR 1178 to
Mountain Creek
From a point 0.4 mile upstream of
WS.-IV CA
mouth tG Broad River
From a point 0.2 mile downstream of
C
Rutherford County SR 1145 tG North
Carolina-Soutb.Carolina State Line
Frcm source to Broad River
C
Frcm source to Cleghorn Creek
C
Frcm source to- Cleghorn Creek
C
From source to Broad River
C
From source to the downstream side
B Tr HQW
of mouth of Rock Creek
Frcm source to Green River
B Tr HQW
From source to Green River
B Tr HQW
F-*cm source to Green River
B Tr HQW
From source to Green River
B Tr HQW
From source to Green River
B Tr HQW
Frcm source to Green River
B Tr HQW
From source to Green River
B Tr HQW
From source to Green River
B Tr HQW
Frcm source to Green River
B Tr HQW
From source to Green River
B Tr HQW
From source to Green River
B Tr HQW
From source to Rock Creek
B•Tr HQW
From source to North -Prong Rock Creek
B Tr HQW
From source to North Prong Rock Creek
B Tr HQW
Frcm the downstream side of mouth of
B Tr
Rock Creek to a line projected across
Lake Summit frcm upstream side of
mouth of Jones Creek to a point of
land on north shore
From source to Green River
B Tr
From source to Green River
B T.-
Frcm source to Joe Creek
B Tr
From source to Joe Creek
B Tr
Frcm source to Green River
B Tr
From source to Bobs Creek
B Tr
Frcm source to Terry Creek
B
:rrm cnnrna to ?nhs it pek R Tr
Classification
Date index No.
8/1/98 9-25-3-1.
8/1/98 9-25-(3.5)
8/1/98 9-25-4-(1)
8/1/98 9-25-4-(2)
8/3/92, 9-25-(5)
8/3/92. 9-(25.5)
3/1/77 9-6
3/1/77 . 9-26-1
3/1/77 9-26-2
3/1/63 9-27
4/1/01 9-29-(1)
4/1/Ol
4/1/O1
4/l/01
4/1/01
4/1/O1
4/1/O1
4/1/O1
4/1/Of
4/1/Ob
4/1/01
4�1/O1
S�1/OI
4/1/01
4/1/01
8/1/00
a/1/00
8/1/00
8/1/00
8/1/00
8/1/00
8/1/00
3/1/ 63
9/1/on
9-29-2
9=29-3
9-29-4
9-29-5
9-29-6
9-29-7
9-29-8
9-29-9
9-29-10
9-29-11
9-29-12
9-29-12-1
9-29-12-1-1
9-'9-12-1-2
9-29-(12.5)
.03C0

`Fa
I6¢,
i�CIG SS!�
310R - ZN=ON�rj'AL :.ANAG2A_mTT
0306 BROAD RlVEt BASDi
Name of Stream
Classification
Description Class Date Index No.
2B . 0:,3
Vernon Creek
Frcm source to Green River
B Tr
8/1%00
9-29-16
Freeman Creek
From source to Lake Summit, Green R.
C Tr
3/1/63
.9-29-18
Davis Creek
From source to Lake Summit, Green R.
B Tr
3/1/63
9-29-19
Unnamed Tributary # 1
From source to J.P. Stevens and
C Tr HQW
8/3/92
9-29-20-(1)
at Tuxedo
Company Water Supply Dam
Unnamed Tributary # 1
From J.P. Stevens and Company Water
C
9/1/74
9-29-20-(2)
at Tuxedo ' '
Supply Dam to Lake Summit, Green River
Unnamed Tributary # 2
From source to Camp Hondamin Water
C Tr HQW
8/3/92
9-29-21-(1)
at Tuxedo
Supply Reservoir Dam
Unnamed Tributary 2
From Camp Mond —in Water Supply Reser-
C Tr
3/1/63
9-29-21-(2)
at Tuxedo
voir Dam to bake Summit, Green River
Green River (Lake Summit
From a line projected across Lake
C Tr
8/3/92
9-29-(22)
below elevation 2011)
Summit frcm upstream side of mouth of
Jones Creek tp point of land on north
-shore to Cove Creek
Jones Creek
Fran source to Lake Summit, Green R.
C Tr
8/3/92
9-29- 3
Unnamed Tributary # 3
From source to Daum at Kings Mountain
B Tr
3/1/63.
9 29-25-(1)
at Kings Mountain Camp
Presbytery Camp Bathing Lake
Unnamed,Tributary # 3
Frcm Dam at Kings Mountain Preshytery
C Tr
3/1/63
9-29-?5-(2)
at Kings Mountain Camp
Camp Bathing Lake to Green River
Laurel Creek
Frcm source to Green River
C Tr
3/1/63
9-29-26
Laurel Branch
Frcm source to Laurel Creek
C Tr
3/l/63
9-29-26-1
Beck Creek
From source to Green River
C Tr
3/1/63
9-29-27
Hill Branch
From source to Green River
C Tr
3/1/63
9-29-2a
Hill Creek
From source to Green River
C Tr
3/1/63
9-29-29
Jones Branch
From source to Mill Creek
C Tr
3/1/63
9-29-29-1
Hungry River
From source to Green River
C_Tr3/1/63
9-29-30
Little Hungry River
From source to Hungry River
C Tr
3/1/63
9-29-30-1
Tumblebug Creek
From source to Hungry River
C Tr
3/1/63
9-29-30-2
Saconon Creek
Frcm source to Tumblebug Creek
C Tr
3/1/63
9-29-30-2-1
Pulliam Creek (Fullcros C`)
Frcm source to Green River
C Tr
3/1/63
9-29-31
Camp Creek
From source to Green River
C Tr
7/1/73
9-29-32
Unnamed Tributary # 1
Frcm source to Camp Creek
C
9/1/74
9-29-32-1
at Saluda
+�rriuh� Green River, including
From Cove Creek to Broad River
jC
3/1/63
9-29-(33)
Lake Adger below elevation
913)
Cove Creek
e"rem source to Green River
C Tr
9/1/74
9-29-34
Unnamed -Tributary # 2
From source to Cove Creek
C
9/1/74
9-29-34-1
at Saluda .
Ri_xhaven Creek (Warrior
From source to Cove Creek
C Tr
3/1/63
9.-29-34-2
' Mountain Lake)
Casey Branch (Palmetto
From source to Dam at Palmetto Area
B Tr
3/l/63
9-29-34-3-(1)
Lake)
Boy Scout Camp Bathing Lake
Casey Branch
From Dam at Palmetto area Boy Scout
C Tr
3/1/63
9-29-34-3-(2)
Camp Bathing Lake to Cove Creek
Gadd Creek
Frcm source to Green River
C Tr
3/1/63
9-29-35
Little Cove Creek
Frcm source to Green River
C Tr
V11/63
9-29-36
Div.,-
r m,-
3/1/63
9-29v7

`f-= 0,1(9 por f-;sv% 4-o
he. lass
es
IV_a0N^S NTAL MANAGE*Or?iT , = e nt+�re S.QcaMe.*)+ ��' be �C�ccSSi r�c�
b
` 0300
.0306 BROAD RIVER BASIN
"
Classification
Name of Stream
Description
Class
Date
Index Mo.
Rash Creek
From source to Lake Adger, Green Re
C Tr
3/1/63
9-29-38
Brights Creek
From source to Rash Creek
C Tr
3/1/63
9-29-38-1
Harm Creek
From source to Brights Creek
C Tr
3/1/63
9-29-38-1-1
Panther Creek
From source to Lake'Adger, Green R.
C Tr
3/1/63
9-29-39
Rotten Creek
From source to Lake Adger, Green R.
_ C Tr
3/1/63
9-29-40
Ostia Creek (Grease`Creek)
From source to Lake Adger, Green R.
C Tr
3/1/63
9-29-41
Silver Creek
From source to Lake Adger, Green R.
C Tr
3/.1/63
9-29-42
Britten Creek
From source to Green River
C
3/1/63
9-29-43
Walnut Creek
From source to Green River
C
3/1/63
9-29-44
Wheat Creek
From source to Green River
C
3/1/63
9-29-45'
Unnamed Tributary at
From source to Dam at Bethlehem.
B
3/1/63
9-29-45-1-(1)
Bethlehem Center
Center Summer Camp Bathing Lake
Summer Camo
Unnamed Tributary at
From Dam at Bethlehem Center Simmer
C
3/1/63
9-29-45-1-(2)
Bethlehem Center
Camp Bathing. Lake to Wheat Creek
Summer Camp
Whiteoak Creek
From source to Green River
C
9/1/74
9-29-46
Little Whiteoak Creek
From source to Whiteoak Creek
C
9/1/74
9-29-46-1
Canal Creek
From source to Little Whiteoak Creek
C
9/1/74
9-29=46-1-1
South Branch
From source to Little Whiteoak Creek
C
9/1/74
9-29-46-1-2
` Machine Creek
From source to Whiteoak.Creek
C
9/1/74
9-29-46-2
Mill Creek
From source to Whiteoak Creek
C
9/1/74
9-29-46-3
Green Creek
From source to Whiteoak Creek
C
9/1/74
9-29-46-4
* Lyles Lake
Entire lake and connecting stream to
C
3/1/63
9-30
Broad River
* Jarretts Creek (Hester
From source to Broad River
C
3/1/63
9-31
Creek)
�C Henson Creek
From source to Broad River
C
3/1/63
9-32
A Dills Creek
From source to Broad River
C
3/1/63
9-33
�k Hayes Lake
Entire lake and connecting stream to
C
3/1/03
9-34
Broad River
Richardson Creek
From source to Broad River
C
3/1/63
9-35
McKinney Creek (McKenny
From source to Broad River
C
3/1/63
9-36
Creek)
PK Arrowood Branch
From North Carolina -South Carolina
C
3/i/63
9-36-1
State Line to McKinney Creek
Floyds Creek
From source to Broad River
C
3/1/63
9-37
Long Branch
From source to Floyds Creek
C
3/1/63
9-37-1
Bracketts Creek
From source to Floyds Creek
C
9/1/74
9-37-2
Big Horse Creek
From North Carolina -South Carolina
C
8/3/92
9-38
State Line to Broad River
Goodes Creek
From source to Broad River
C
8/3/92
9-39
Cane Creek
From source to Broad River
C
8/3/92
9-40
Second Broad River
From source to a point 0.4 mile
WS-V
8/1/98
9-41-(0.5)
downstream of Rutherford County
SR 1504
Wilson Branch
From source to Second Broad River
WS-V
8/3/92
9-41-1
Picks Branch
From source to Second Broad'River
WS-V
8/3/92
9-41-2
5

s
v
McGM.
A S S O C I A T E S
September 26, 2002
Mr. Tom `Reeder, Supervisor
Classification and Standards Unit
North Carolina Department of Environment and
Natural Resources
Division -of Water Quality - Planning Branch
1617 Mail Service Center -
Raleigh, North Carolina 27699-1617
Dear Mr. Reeder:
El TF,
�y • lI ISEP. 3 0 2002
4J, aER 0U,, Lf 3 e COs:'3��,
RE: Town of Forest City
Rutherford County
Water Supply Reclassification
Broad River
The purpose of this letter is to follow-up to my letter of August 22, 2002 in reference to
the reclassification of the Broad River in Rutherford County for the purpose of drinking. water
supply for the Town of Forest City. In response to a telephone conversation with Elizabeth
Kountis of your department she forwarded a • copy of an "Application To Request
Reclassification of NC Surface Water".
The completed application form is attached. Please include in your file for this project.
Should you have any questions please give me a call at 828-252-0575.
Sincerely,
McGILL ASSOCl/A^T'ES, P.A.
M. Keith Webb, P.E.
MKW/mkw
E n g i n e e r i n g P l a n n i n g F i n a n c e
McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801
828-252-0575 • FAX [phone]

Mr. Tom Reeder
September 26, 2002
Page 2
Enclosures
cc: Mr. Chuck Summey
Mr. Scott Hoyle
-:s-WWestll
Mr. Roger Edwards
Mr. Harold Saylor
Mr. Ray McCall
Forest city/ /Letters/tr26sept02

DI V WN I ar\ hlUM-1 I I r dX • 71y r 1JJoo r HU] zo VL io • u r r. UL
APPLICATION TO REQUEST
RECLASSIFICATION OF NC SURFACE WATER
8/27/02
l . pate of Request:_
2. requested by (include full contact information):
M;r.-Scott Hoyle
Town ot Foest City -
OR
—Forest City, North Carolina 28Uy3
828-248-5203
628-Z45-bi4J FAX)
3 River Basin: Broad
County(ies)..
Rutherford.,
4. List Waterbody(ies) requested for Reclassification: ("see reverse)
Wat rbo v ame
Waterbod Index # Current Class
Request Class
--- fiver
- 25.5)
C.
WS-IV
Arrowood Branch-
-
C
WS-IV
McKinney Creek
9-36
C
WS-IV
HayesLake
9-34
C
WS-IV
Dills Creek
9-33
C
WS-IV
ensons Creek
9-32
C
WS-IV
Jareetts Creek
9-31
C
WS=IV
Green River
9-29- 03)
C
WS-IV
5. Attachments:
Is a USGS 7.5 minute topob aphic reap outlining the subject waters/land area
attached?
Is this a request'for a Tnore protective water supply reclassification? Yes_ If so,
is a resolution from all local governments with land use jurisdiction.Zthin the
boundaries of a proposed water supply watershed attached? no
6. Reason for Request (attach additional sheet if necessary):
Construction of an intake for potable water supply.
Additional information on the reverse side of this application.
Application Form 07-02.doc
Last revised 7102 BKountis
08/23/2002 FRI 15:58 [T1/Rb NO 50793 Q00-3

DIV WATER QUALITY Fax:[phone] Aug 23 '02 16:07 P.02
APPLICATION TO REQUEST
RECLASSIFICATION OF NC SURFACE WATER
8/27/02
1. Date of Request;
2, Rpquested by (include full contact information):
M:�,Scott Hoyle
own of Foest City -
Eu OY
orest i y, ort Caro ina 8py3
828-2.48-5203.
2 8- -6143 (FAX)
3. River Basin
Broad
County(ies)
Rutherford.,
4. List `Vaterbody(ies) requested for Reclassification: (`see reverse)
W at rbo v Name
Waterbod Index #
Current Class
Re uest Class
aver
- 25.5)
C.
WS-IV
rrowoo ranc
- -
C
WS-IV
McKinney Creek
9-36
C
WS-IV
ayes Lae
9-34
C
WS-IV
i s reek
9-33
C
WS-IV
ensons Cree
9-32
C
WS-IV
Jareetts Creek
9-31
C
WS-IV
Green River
9-29-(33)
C
WS-IV
5. Attachments:
is a USCS 7.5 minute topob aphis map outlining the subject waters/land area
attached? yes —
Is this a request tor a more protective water supply reclassification? " � If so,
is a resolution from all local governments with land use jurisdiction within the
boundaries of a proposed �vater supply watershed attached? no
(. Reason for Request (attach additional sheet if necessary):
Construction of an intake for potable water supply.
Additional information on the reverse side Of this tWlication-
Applicadon Form 07-02.doc
Last revised 7102 Mounds
08/23/2002 FRI 15:58 [TX/RX NO 50791 IM 003

Current Classifications Query (State of NC) Report Date: 09/27/02
Records Found: 3
Search Parameters:
Class1: Name: Broad
or Class2: Desc:
or Class3: C Index#:
SpDes: Basin: Broad
Name of Stream Description Crrr. Class Date Prop. Class Stream Index #
l - Br.,oad Rifler Basin
BROAD RIVER From source to Pool Creek, C;17 03/01/63 9-(1)
including backwaters of
Lake Lure below elevation
991
BROAD RIVER From Carolina Mountain C O8/01/98 9-(22)
Power Company Rutherford
County SR 1167
BROAD RIVER From a point 0.2 mile C O8/03/92 9-(25.5)
downstream of Rutherford
County SR 1145. to North
Carolina -South Carolina
State Line
Page 1 of 1

Permits Issued
Permit
Number
Facility Name
Owner Type
Permit Type .
NC0004405
Cliffside MITI
Non -Government
Industrial Process & Commercial Wastewater Discharge
NC0005088
Cliffside Steam Station
Non -Government
Industrial Process & Commercial Wastewater Discharge
NCO079448
Fair Haven Home
Non -Government
Discharging 100% Domestic < 1 MGD
NCO074306
Forest City Town- WTP
Government -
Water Plants and Water Conditioning Discharge
Municipal
NCO025984
Forest City WWTP
Government -
Municipal Wastewater Discharge, Large
Municipal
NCO083275
Harris Plant
Non -Government
Industrial Process & Commercial Wastewater Discharge
NC0006025
J.C. Cowan Plant
Non -Government
Industrial Process & Commercial Wastewater Discharge
NCO025381
Lake Lure Town- WWTP
Government -
Municipal Wastewater Discharge, < 1 MGD
Municipal
NCO087084
Riverstone Industrial Park WWTP
Government-
Municipal Wastewater Discharge, < 1MGD
Municipal
NCO025909
Rutherfordton WWTP
Government -
Municipal Wastewater Discharge, Large
Municipal
NCO020664
Spindale WWTP
Government -
Municipal Wastewater Discharge, Large
Municipal
NCO032174
United World Mission
Non -Government
Discharging 100% Domestic < 1 MGD
NCO030139
White Oak Manor- Rutherfordton
Non -Government
Discharging 100% Domestic < 1 MGD
Record Number 13
09/26/02
Permit
Issued
Effect
Expired
Status
Date
Date
Date
Primary Reviewer
Facility Region
Active
01/11/99
02/01199
07/31/03
dave.goodrich
Asheville
Active
02/08/99
03/01/99
07/31/03
mark.mcintire
Asheville
Active
11/04/98
12/01/98
07/31/03
dave.goodrich
Asheville
Active
11/23/98
01/01/99
07/31/03
david.goodrich
Asheville
Active
10/26/98
12/01/98
07/31/03
tom.belnick
Asheville
Active
12/21/98
02/01/99
07131/03
steve.pellei
Asheville
Active
02/25/99
04/01/99
08/31/03
jackie.nowell
Asheville
Active
11/04/98
12/01/98
08/31/03
dave.goodrich
Asheville
Active
11/15/01
12/01/01
07/31/03
susan.wilson
Asheville
Active
06/09/99
07/01/99
07/31/03
dave.goodrich
Asheville
Active
12/07/98
01/01/99
07/31/03
dave.goodrich
Asheville
Active
10/26/98
12101/98
07/31/03
tom.belnick
Asheville
Active
11/09/98
12/01/98
07/31/03
dave.goodrich
Asheville
0

DIV WATER QUALITY Fax:[phone] Aug 23 '02 16:07 P.02
APPLICATION TO REQUEST
RECLASSIFICATION OF NC SURFACE -WATER
8/27/02
1. Date of Request:
�. ](quested by (include full contact iz►formation):
Me,raScott Hoyle
Town ot Foest City
-
FU OY /26
--F-o—rest City, North Caro ina 80y3
828-248-5203
- -6143 (FAX)
3 River Basin: Broad County(ies):
Rutherf ord .
4. List Waterbody(ies) requested for Reclassification: (*see reverse)
WatMo v ame W 2terbod Index # Current -Class
Request Class
—Luau fiver - 25.5)
C.
WS-IV
Arrowood Branch- -
C
WS-IV
McKinney Creek 9-36
C
WS-IV
Hayes Lake 9-34
C
WS-IV
i s Creek 9-33
C
WS-IV
ensons Creek 9-32
G
WS-IV
Jareetts Creek 9-31
C
WS=IV
Green River 9-29-(33)
C
WS-IV
Attachments:
Is a USGS 7.5 minute topographic map outlining the subject waters/land area
attached?_
Is this a requestfor a more protective water supply reclassification? -- ves J If so,
is a resolution from all local govern)nents with land use jurisdiction within the
boundaries of a proposed water supply watershed attached? , no
6. Reason for Request (attach additional sheet if ziecessarft
Construction of an intake for potable water supply.
Additional information on the reverse side of this application.
Applicadon Form 07-02.doc
Last revised 7102 Mounds
08/23/2002 FRI 15:58 [TX/RX NO 50791 IM003

DIV WRTER QUALITY Fax:[phone] Rug 23 '02 16.07 P.02
APPLICATION TO REQUEST
RECLASSIFICATION OF NC SURFACE WATER
8/27/02
pate of REy uest.
2. 1pquested by (include full contact information):
Mr. Scott Hoyle
own ot oest City
-
OS /28
orest City, North Carolina 286y3
828-248-5203
8Z8-ZO-6143 (FAX)
3 River Basin: Broad County(ies):
Rutherford.
4. List Waterbody(ies) requested for Reclassification: (*see reverse)
Wa�terrbo y Name Waterb Index # Current Class
Request Class
Z.d 5)
C
WS-IV
Arrowood BFanch- -
C
WS-IV
McKinney Creek 9-36
C
WS-IV
ayes a e 9-34
C
WS-IV
i s reek 9-33
C
WS-IV
ensons-Creek 9-32
C
WS-IV
Jarzetts Creek 9-31
C
WS=IV
Green River 9-29-(33)
C
WS-IV
5. Attachments:
Is a USCS 7.5 minute topob aphis map outlining the subject waters/land area
attached? --yas_
is this a request•for a Inore protective water supply reclassification? If so,
is a resolution from all local governments with land use jurisdiction w; n the
boundaries of a proposed water supply watershed attached? no
6. Reason for Request (attach additional sheet if zieeessary):
Construction of an intake for potable water supplv.
Additional information on the reverse side Of this appffcation.
Application Form 07-02.doc
Lase revised 7102 BKouneis

EIS EA7' E
ON j
L_ -_k_ \
ro
,McK' nay
RAw
BROAD RIVER WATER TREATMENT PLANT SITE
RIVER RECLASSIFICATION
McGl"ll
TOWN OF FOREST CITY ENGINEERING- PIANNING- FINANCE'
RUTHERFORD COUNTY, NORTH CAROLINA 55 BROa STREET ASIiEVILLE, NC Pil. [phone]

DIV WATER OURLITY Fax:91971SS637
Rug 23 '02 16:07 P.04
RECLASSIFICATICN PROCESS
Receive request
for reclassification
If waters da not meat reclass
Conduct water quality study 1 criteria, then notify petitioner
that waters do not quafisy
If watcrs mEot critsri;2,
then Initiate. Dept review
(101 process) .
Proceed to WQC for permission
to proceed to EMC
Proceed tp EMC'for permission
to conduct Pule malting
f Publish intentta reclass In NCR
followed by 60-day comment period
Publish proposed reclass notice in
NCR and send out public announcements
Conduct public hearing about 30 days after notice._ f
38-•to-&6:-day-com�ses�t-pert'orf�aiic>v�s-ite3. f
EMC adopts, modules or rejects reclass
j • If adopted, reclass goes to RRC 4
If RISC approves, the reclass goes
to next legislative session
If bill is Introduce-d to stop reclass
then reclass is stalled until legislators
vote the bill up or down
If bill passes, then reclass dies
If agency can not overcome RRC
oblection, then recfass change dies
on 31st day, if no bill has been
Introduced to stop reclass then it,
cues into effect on date Draaosed
j if bill is defeated, then rule goes Into effect
The above outline Is the general process for reclassifications_
Process takes about 2 years for completion.
ENR - Department of Environment and Natural Resources
EMC Environmental Mattagemant Commission
NCR - North Carolina Register
RRC; - Rules Review Commission
WCC-- Water Quality Comrnhise
1 if the waters are already classified as W5 (water sclpply) then a water quality study
may not be necessary. A reclassification may st{ll be necessary to Include a Critical area,
revise the Protected Area boundary, or change the WE classrticatich of the waterbody.
Please sae Rutes 15A NCAC 28 .0100, .020Q and .0300 for descriptions of the diiferent
classifications and their water quality standards, These rules, and other informatiob can
be found on the Division's website at: http:/1h2o.enr.state.nc.us

7`McGill
a..:
A S S O C I A T E S
August 22, 2002
Mr. Tom Reeder
North Carolina Department of Environment and
Natural Resources
Classification and Standards Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: Town of Forest City
Rutherford County
Water Supply Reclassification
Broad River
Dear Mr. Reeder:
AUG 2 3 2002 ,
The Town of Forest City has retained McGill Associates as their consulting engineers
and have instructed us to proceed with assisting in the reclassification of the Broad River for
the use as a raw water supply. On behalf of the Town of Forest City we would like to officially
request the reclassification of the Broad River at the location indicated on the attached map to
WS-IV, Drinking Water Supply.
The Town of Forest City currently uses, the Second Broad River as the supply for their
potable water. The drought conditions experienced this summer have resulted in the supply
being inadequate to meet the Town's current demands.
The Town of Forest City has been proactive in the past and has made efforts to provide
a safe supply of potable water to their customers by obtaining a site for the construction of a
new water treatment plant on the Broad River. Attached is a map that shows the location of
the proposed raw water intake and the treatment facility. The proposed water treatment facility
will have a design capacity of 8.0 MGD.
We feel that the proposed intake location will provide an excellent source of raw water
for the Town due to the fact that the site is located above the confluence of the Second Broad
River. The Second Broad River serves as the receiving stream for the discharge from both the
Town of Forest City and the Town of Spindale wastewater treatment plants. Wastewater
discharges into the Broad River above the proposed intake location are limited to relatively
E n g i n e e r i n g e P l a n n i n g • F i n a n c e
McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801
828-252-0575 • FAX [phone]

Mr. Tom Reeder
August 22, 2002
Page 2
small package type wastewater treatment plants and the municipal treatment plants operated by
the Town of Columbus, Town of Lake Lure, and Town of Rutherfordton.
I am enclosing for your use a copy of the agreement between the Town of Forest City
and Leid Corporation that provides the property for the Water Treatment Plant.
Should you have any questions or if you need additional information to assist in the
reclassification effort please give me a call at 828-252-0575.
Sincerely,
McGILL ASSOCIATES, P.A.
M. Keith Webb, P.E.
MKW/mkw
Enclosures
cc: Mr. Chuck Summey
Mr. Scott Hoyle
�.. _,
M`r For--est Westa, f, P
Mr. Roger Edwards
Mr. Harold Saylor
Mr. Ray McCall
Forest city/ /Letters/tr22aug02

AUG-22-2002 14:47 FC PUBLIC WORKS 828 24e 5216 P.02
STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD UTILITY AGREEMENT
THIS UTILITY AGREEMENT is entered into this the 20th day of February ,
2001, by and between the Town of Forest City, a municipal corporation organized pursuant to
the laws of the State of North Carolina, hereinafter referred to as the "Town," Leid, Corporation,
a corporation organized and existing pursuant to the laws of the State of North Carolina,
hereinafter referred to as "Leid," and RiverStone Business Park 91, LLC, a limited liability
company organized and existing pursuant to the laws of the State of North Carolina, hereinafter
referred to as "RiverStone #1." Leid and RiverStone #1 are sometimes referred to herein,.
collectively, as "Developers."
WITNESSETH;
THAT WHEREAS, Leid and RiverStone 01 are the owners of real property
located along Broad River, highway 221, Hogan Road, and Spicer Road in Rutherford County,
North Carolina, as shown and depicted on the attached drawing labeled as Exhibit "A" and made
a part hereof by reference (all of which is herein referred to as the "Leid Properties"); and
WHEREAS, Leid is in the process of developing a business Park on that portion
of the above referenced real property located on the west side of U.S. Highway 2Z1 and the east
side of Floyd's Creek (herein referred to and depicted on Exhibit A as Phase I) and has conveyed
certain zeal properties to RiverStone #1 for the purpose of developing the first site within Phase I
(herein referred to and depicted on Exhibit A as Site I), and further plans to develop the
remainder of the above referenced Leid Properties; and
WHEREAS, the Town has a water distribution system which presently provides
water near the Leid Properties and also operates a waste water collection and treatment system;
and
WHEREAS, the Developers are in need of water and waste water services for the
Leid Properties, and the Town is in need of a second source of raw water for its water
08/22/2002 THU 14:44 [TY/RX NO 50671 1@002

RUG-22-2002 14:47 FC PUBLIC WORKS 828 248 5216 P.03
distribution system and desires to expand its waste water facilities for use within and out of the
Floyd's Creek water basin; and
WHEREAS, the parties agree that the planned development of the Leid Properties
and expanded water and waste water systems will provide substantial future employment and
economic growth and other such benefits to the Town, Rutherford County and the surrounding
area; and
agreement.
WHEREAS, in regard to the foregoing the parties have entered into the following
NOW, THEREFORE, in consideration of the mutual benefits herein deemed to
exist, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Leid and RiverStone #1 dedicate the real property shown as Phase T on
Exhibit A as a business park for the location of business enterprises and related improvements,
and will market such property in such a manner as to bring industry and jobs to said property in
a reasonably aggressive manner, and Leid agrees thereafter to develop the remainder of the Leid
Properties in a reasonably aggressive manner so as to bring thereon entities that will use the
utilities provided by the Town.
2. Leid will convey to the Town by general warranty deed at no cost to the Town
a tract of land approximately fifteen (15) acres in size as highlighted on the attached Exhibit "B"
(which is made a part hereof by reference) for the purpose of the construction and operation by
the Town of a waste water collection, treatment, and discharge facility. Leid shall construct and
provide, at no cost to the Town, a roadway providing reasonable access to this property. This
tract shall be surveyed off by the Town and the conveyance shall be made upon the receipt of the
survey frorn the surveyor. The use of this tract will be restricted solely to providing utility
services and other uses incidental thereto.
3. Leid will convey to the Town, by general warranty deed at no cost to the
Town, a tract or tracts of land totaling approximately thirty-five (35) to forty (40) acres in size in
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RUG-22-2002 14:48 FC PUBLIG WORKS 82B 248 5216 P.04
the area highlighted on the attached Exhibit "C" for the purpose of the construction and
operation by the Town of a water impoundment, treatment and pumping facility thereon and for
the construction and operation by the Town of a water intake facility for obtaining water from
Broad River. The tract or tracts shall be surveyed off by the Town and the conveyance shall be
made upon the receipt of the survey from the surveyor. It is provided, however, that Leid shall
not be obligated to make such conveyance until the waste water facility to be constructed on the
tract referred to in paragraph 2, above, is initially completed and certified to be operational for
the receipt and treatment of waste water. The use of this tract or tracts will be restricted solely to
providing utility services and other uses incidental thereto.
4. The Developers will convey.to the Town, as needed and at no cost, all
reasonably necessary rights of way and easements for roadway, electric substation, manhole,
pumping station, water line, power line, sewer line, and other related equipment and facility
purposes to allow the Town to:
a. Gain access to the land for the proposed water treatment, water intake, and waste water
facilities and for all electric, water and waste water lines, equipment and other assets of
the Town to be located in and about the Leid Properties,
b, provide water and waste water services to the lots and sites to be located on the Leid
Properties for improvements;
c. obtain raw water from Broad River and transport it to the proposed water treatment and
impoundment facility;
d. transport potable water from the proposed water treatment facility into the Town's
water distribution system for use therein; and
e. provide waste water treatment services at the proposed waste water facility to areas
determined by the Town outside the Leid Properties.
S. All properties, rights of way, and easements to be conveyed by this agreement
shall be conveyed free and clear of liens aad encumbrances but will be conveyed subject to
property taxes for the then current year and such reasonable rights of way and easements as shall
not affect the use of such properties, rights of way, and easements for the purposes intended.
-3-
nR/99/9nn9 Tu1T 1d•dd - rTX/RX Nn snR71 Rnna

AUG-22-2002 14:48 FC PUBLIC WORKS 82e 248 5216 P.05
6. The Town shall provide potable water to the lots and sites on the Leid
Properties for the improvements to be constructed upon the Leid Properties and shall provide and
operate a waste water treatment facility for the treatment of waste water from the entities
locating, and facilities constructed upon, the Leid Properties. For a period of fifty (50) years and
conditioned upon the Town providing sufficient potable water and waste water treatment for
improvements to be constructed upon the Leid Properties, the Town will have the exclusive right
to provide all the water and waste water needs of all improvements constructed upon the Leid
Properties and may charge therefor such reasonable rates and fees as may be determined from
time to time by the Town. The Town, however, reserves the right to reasonably determine, limit,
and regulate the nature, quality,. and extent of any waste water discharge that will be accepted by
its waste water facility, aiid to require any entity locating within the Leid Properties to conform
its waste water discharge to such determinations, limitations, and regulations.
7. No less than seventy-five percent (75%) of all the costs incuzcred by the Town
in providing the construction of a waste water treatment facility and the extension of the Town's
water lutes to provide the water and waste water needs of Site Y shall be paid by sources other
than from the Town. The Town may in its discretion, however, pursue any and all sources of
revenue it may deem appropriate to pay all or any portion of the total cost of auy such
improvements. Notwithstanding anything herein to the contrary, the Town shall not be required
to contract or otherwise obligate itself for such improvements until sufficient revenue is secured
for the payment thereof. The Town, in its sole discretion, shall design and construct the water
and waste water facilities. Notwithstanding the foregoing, however, the Developers desire that
the facilities designed and constructed by the Town maintain an aesthetic appearance consistent
with the proposed development of the Leid Properties, and to this extent the Developers may
participate in the design and construction of the facilities. The panties agree that they will share
equally in the cost of extending the Town's water lines and sewer lines to provide potable water
and wastewater disposal and treatment to the remainder of the lots and sites on the Leid
Properties, and in the cost of expanding that portion of the waste water treatment facility which
directly prelates to providing waste water treatment to the remainder of the Leid Properties. Any
third party sources of funds available for any such costs shall reduce the share of each party
proportiozaately.
51
08/22/2002 THU 14:44 [TX/RX NO 50671 U 005

RUG-22-2002 14:48 FC PUBLIC WORKS
828 248 5216 P.06
S. The Town shall be the sole and exclusive owner and operator of the water and
Waste water improvements and facilities constructed by it. The Town, however, reserves the
right to abandon, sell, assign, or transfer at any time all or any part of its water and waste water
improvements and facilities upon it deeming such to be appropriate, but only as long as such
action does not deprive any entity located on the Leid Properties of water or waste water service.
It is provided, however, that in the event the Town should permanently abandon all or any part of
the land conveyed to it by the Developers upon which the water and/or wastewater
improvements and facilities are located, Town shall, at Leid's option and request, convey such
abandoned property to Leid free and clean of liens and ezcumbrances. Abandonment as used
herein shall be determined by either (a) written acknowledgement of abandonment by the Town
or (b) a declaration of abandonment by a court of competent jurisdiction in North Carolina.
9. The parties acknowledge that the development of the Leid Properties is in its
beginning stages and actual development is dependant upon numerous variables which may not
yet be determined, as well as ever changing regulatory requirements. The parties agree that in
the development of such properties and the implementation of this agreement, including but not
limited to the construction and development of the water and waste water facilities, to negotiate
and deal fairly, openly, and in good faith to resolve any issues that may arise from time to time to
assure the success and timely development of the Leid Properties and the water and waste water
facilities to' be placed therein within sound economic and fiscal standards. The parties further
agree to fairly and openly negotiate in good faith, from time to time, in regard to trading or
buying additional real estate in order to accomplish goals and objectives either party may have in
regard to the development of the Leid Properties and the water and waste water facilities,
10. This Agreement may be executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument. This Agreement
shall be binding upon, inure to the benefit of, and be enforceable by the parties and their
respective successors and assigns.
(Signature Page to Follow on Next Page)
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nu/9-)/,)nng 'PUTT in.nn ury/T?Y MYT rna-7i Mnnn

AUG-22-2002 14:48 FC PUBLIC WORKS
828 248 5216 P.07
SIGNED AND SEALED and effective the day and year first above written.
11companyif
Town of Forest City RiverStone Business Park #1, LLC By:
Atte
{Town Seal)
(Corp. Seal)
Attest: 0
Secre
STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD
Leid orporation, Manager
By: & (SEAL)
Stephen B. McBrayer
Title: President
"Member"
Leid Corporation
By:
Presid nt
Stephen B. McBrayer
Personally came before me, the undersigned, a Notary Public in and for the said
County and State, Sandra Mayse, who being by me duly sworn, says that she knows the
municipal seal of the Town of Forest City, and is acquainted with Grover Bradley, wbo is Mayor
of the said municipal corporation, and that she, the said Sandra Mayse, is the City Clerk of the
said municipal corporation, and saw the said Mayor sign the foregoing instrument and affix said
municipal seal to said instrument, and that she, the said City Clerk, signed her name in attestatiop
of the execution of said instrument in the presence of the said Mayor of said municipal
corporations.
WITNESS my hand and notarial seal, this the .AA, day of , 2001.
Notary Public
My commission expires:4,4;b--,Qe)-Dt
Ef
nu/99/9nng rPurr 1A-AA rTY/AY Nn rna7i nnn7

RUG-22-2002 14:48 FC PUBLIC WORKS 828 248 5216
STATE OF NORTH CAROLINA
COUNTY OF R.UTHERFORD
I a Notary Public of the County and State aforesaid, certify that
C . cS personally came before me and acknowledged
that (s)he is Secretary of Leid Corporation, a North Carolina Corporation, and
that by authority duly given and as the act of the corporation, the foregoing instrument was
signed in its name by its President, sealed with its corporate seal and attested by
him/her as its Secretary.
'witness my hand and official stamp or seal, this .�fi� day of
F<5% , 2001.
Notary Public
My Commission Expires:�,�
STATE OF NORTH CAROLINA
COUNTY OF Rutherford
z,
aforesaid, do certify that
a Notary Public of the County and State
personally appeared before me this day and
acknowledged that he/they is/are member(s)/manager(s) of RiverStone Park # 1, LT C, a North
Carolina limited liability company, and further acknowledged the due execution of the foregoing
instnunent on behalf of said limited liability company.
Witness my hand and official stamp or seal, this the day of
2001.
Notary Pablfkj
My Commission Expires:
P.08
-7-
08/22/2002 THii 14:44 ITX/RX NO 50671 0 008

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