DWR SWP Read File Archive Jan 2011

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,Aeverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Mr. Justin Hembree, Town Manager
Town of Tryon
301 N. Trade Street
Tryon, N.C. 28782
Subject: Compliance Evaluation Inspection
Town of Tryon, Sewer Collection System
NPDES Permit No. WQCS00111
Polk County
Dear Mr. Hembree:
I conducted a Compliance Evaluation Inspection of the Sewer Collection System that serves the
Town of Tryon on December 1, 2010. The assistance and cooperation of Mr. Joel Burrell, Tryon
Public Works Director, was greatly appreciated. Based on records reviewed, on-site discussions
with Joel Burrell and Deborah Bradley, Tryon Collection System was determined to be in
compliance with permit WQCS00111. A report is attached for your records and findings are
summarized.
Site/System Review
The current Sewer Collection System consists of 19 miles of Sewer line and 392 manholes
(determined from 2005 map).Tryon's Sewer Collection system is all `gravity with no sewer lift
stations.
Current staffing allows for only a minimum amount of system maintenance and inspection to be
conducted. The current staff does both Water Distribution and Sewer Collection system operation
and maintenance. NPDES permit WQCS00111 requires the ENTIRE Collection System be
inspected at least annually and that 10% of the 19 miles (100,320 feet) of sewer line be cleaned
each year. This is equal to 1.9 miles or 10,032 feet of line. It is suggested that system staffing be
reviewed as a part of any Sanitary Sewer Evaluation study the Town may conduct.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanca,North Carolina 27107 �IlB
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarohn.a
Internet:www.ncwaterquality.org e Natltrallif
An Equal Opportunity\Affirmative Action Employer i/

Town of Tryon Sewer Collection System
Permit#WQCS00111
CEI,Page 2 of 2
Suggestions/Recommendations
The current system shows signs of an influx of `Inflow' based on indications revealed through
`smoke testing' results and flow and rainfall data correlation. It is suggested the Town of Tryon take
data collected by NCRWA (North Carolina Rural Water) of collection system flow, of the amount
and location of inflow into the system. This would allow for a more direct effort to address the
extraneous flow into the system to be conducted. When results are compiled, the Town of Tryon
should look at entering into an SOC (Special Order by Consent), to correct deficiencies that are
identified in the Sewer Collection System.
If there are questions or additional information is needed regarding system rehabilitation,
cleaning, or a Collection System permit question, please let me know. Thank you for the
opportunity to conduct this Compliance Evaluation Inspection.
Sincerely,
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
Joel Burrell, Public Works Director—Town of Tryon
Deborah Bradley, ORC-Tryon WWTP
SASWP\Polk\Collection SystemsUryon Collection System\WQCS00111 Tryon Collection System CEI 12 01 2010 doc

Compliance Inspection Report
Permit: WQCS00111 Effective: 04/01/09 Expiation: 03/31/17 Owner: Town of Tryon
SOC: Effective: Expiation: Facility: Tryon Collection System
County: Polk 423 N Trade St
Region: Asheville
Tryon NC 28782
Contact Person: Jim Fatland Title: Phone:
Directions to Facility:
System Classifications: CS2, CS2,
Primary ORC: Joel B Burrell Certification: 13622 Phone:[phone]
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0021601 Town of Tryon-Tryon WWTP
Inspection Date: 12/01/2010 Entry Time: 07:30 AM Exit Time: 10:00 AM
Primary InspectoDon Price Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling
Permit Inspection Type: Collection system management and operation
Facility Status: ■Compliant 0 Not Compliant
Question Areas:
Miscellaneous Questions 0 Operation&Maint Reqmts Records ■Monitoring&Rpting
Reqmts
(See attachment summary)
Page: 1

Permit:WQCS00111 Owner-Facility:Town of Tryon
Inspection Date: 12/01/2010 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine
Inspection Summary:
The time and assistance of Joel Burrell,Tryon Public Works Director, in conducting this Compliance Evaluation Inspection
is greatly appreciated.At the time of the inspection all records and reports for the Collection system were updated. It is
suggested that Town of Tryon continue'smoke testing'of the collection system as time and budgets allow, and continue
addressing I & I issues that WWTP flow records indicate.A'SOC' (Special Order by Consent)for the collection system
should be reviewed, should the Town see a need to address collection system deficiencies identified in smoke testing and
inspections.
Page: 2

Permit:WQCS00111 Owner-Facility:Town of Tryon
Inspection Date: 12/01/2010 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? ■ n In n
Does supervisor review all log books on a regular basis? ■ n n ❑
Does the supervisor have plans to address documented short-term problem areas? ■ n n n
What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas?
weekly
Are maintenance records for equipment available? ■ n n n
Is a schedule maintained for testing emergency/standby equipment? ■ n n n
What is the schedule for testing emergency/standby equipment? 1/week
Do pump station logs include:
Inside and outside cleaning and debris removal? 00 ■ n
Inspecting and exercising all valves? n ❑ ■ n
Inspecting and lubricating pumps and other equipment? n n ■ n
Inspecting alarms,telemetry and auxiliary equipment? n n ■ n
Is there at least one spare pump for each pump station w/o pump reliability? n Cl ■ n
Are maintenance records for right-of-ways available? ■ n n n
Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ n
Are system cleaning records available? ■ n a n
Has at least 10%of system been cleaned annually? ■ n n n
What areas are scheduled for cleaning in the next 12 months?
10%,so as to meet permit requirements,and priorities when needed.
Is a Spill Response Action Plan available? ■ n n n
Does the plan include:
24-hour contact numbers ■ ❑ ❑ n
Response time ■ n n n
Equipment list and spare parts inventory ■ n n n
Access to cleaning equipment ■ n n n
Access to construction crews, contractors,and/or engineers ■ n n n
Source of emergency funds ■ n n n
Site sanitation and cleanup materials ■ n n n
Post-overflow/spill assessment ■ ❑ ❑ ❑
Page: 3

Permit:WQCS00111 Owner-Facility:Town of Tryon
Inspection Date: 12/01/2010 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine
Is a Spill Response Action Plan available for all personnel? ■ n n n
Is the spare parts inventory adequate? ■ n n n
Comment: Town of Tryon does not have any pump stations in their system.
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? Is n n n
Are records of SSOs that are under the reportable threshold available? ■ L n n
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ n
If yes, is there a corrective action plan? ■ ❑ n n
Is a map of the system available? ■ n ❑ n
Does the map include:
Pipe sizes ■ n n n
Pipe materials ■ n n n
Pipe location ■ n n In
Flow direction ® n n n
Approximate pipe age ■ n In n
Number of service taps ■ n n
Pump stations and capacity n n ■ n
If no,what percent is complete? 50
List any modifications and extensions that need to be added to the map
Currently,Tryon Collection system has'2'maps. One is dated 1996,the other 2004.GPS data points have
been collected and are in process of developing'1'current map that has all permit and regulatory
requirements and can be updated more easily.
#Does the permittee have a copy of their permit? 01100
Comment: '
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? ■ n ❑ n
Are public notices and proof of publication available? ■ n n n
#Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ ❑ ❑ n
#Is permittee compliant with all compliance schedules in the permits? ■ n n n
If no,which one(s)?
1
Comment: '
Page: 4

NDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Mr. Justin Hembree, Town Manager
Town of Tryon
301 N. Trade Street
Tryon, N.C. 28782
Subject: Compliance Evaluation Inspection
Town of Tryon, WTP
NPDES Permit No. NCO086525
Polk County
Dear Mr. Hembree:
I conducted a Compliance Evaluation Inspection of the WTP discharge that serves the Town of
Tryon on December 1, 2010. The assistance and cooperation of Mr. Joel Burrell, Tryon Public
Works Director, was greatly appreciated. DMR data reviewed and on-site system review indicated
the WTP discharge was being operated in compliance with permit NC0086525, with the exception
of"continuous" flow monitoring, alum sludge accumulation, and vegetation accumulation
surrounding the Lagoon. A report is attached for your records and findings are summarized.
If there are questions or additional information is needed regarding system operation,
maintenance, or a permit compliance question, please let me know. Thank you for the opportunity
to conduct this Compliance Evaluation Inspection.
Sincerely,
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARID - SWP
Deborah Bradley, ORC —Town of Tryon WTP:Discharge
S:\SWP\Polk\Wastewater\Municipal\Tryon WTP 86525\86525 CEI 2010 Joc
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org71K_ Naturally
An Equal Opportunity\Affirmative Action Employer �/

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United States Environmental Protection Agency Form Approved.
E � Washington,D.C.20460 OMB No.2040-0057
P Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 3I NC008G525 I11 121 10/12/01 I17 18IC1 19ISI 20I
Remarks J
211111111111111111111I1111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---—--------—------------Reserved----------------------
67I 169 70121 711 1 72I NI 73'WI 174 751 I I I I I I 1 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:30 AM 10/12/01 08/09/01
Tryon WTP
Exit Time/Date Permit Expiration Date
Glengarnoch Carolina Dr
Tryon NC 28782 11:00 AM 10/12/01 13/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Joel B Burrell/ORC/828-859-6654/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Joel B Burrell,301 N Trade St Tryon NC 28782//828-859-6654/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
- Flow Measurement ®Operations&Maintenance ®Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
N e(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Don Price IDtf ARO WQ//828-296-4500/
Si nature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA For 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

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NPDES yr/mo/day Inspection Type (Cont.) 1
3I NCO086525 '11 12I 10/12/01 I17 18N
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The time and assistance of Joel Burrel, Tryon Public Works Director, in conducting the inspection is
appreciated. At the time of the Inspection no indication of foam or floating solids was observed. Records
review indicate facility.has been monitoring in accordance with permit NC0086525,with the exception of
ORC visitation and flow monitoring.
ORC visitation for this type of facility (Class 1 Physical/Chemical) is weekly. Permit requires flow monitoring
to be"continuous" as of March 1, 2011. It is suggested facility establish a plan to tie discharge onto Tryon
Collection system to eliminate discharge, or make determination as to address
continuous flow measurement.
Vegetation around the facility needs to be removed, along with removal of accumulated sludge.
Page# 2

Permit: NCO086525 Owner-Facility: Tryon WTP
Inspection Date: 12/01/2010 Inspection Type: Compliance Evaluation
Operations&Maintena-me Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ■ 0 n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ❑ ■ ❑ [1
Judge, and other that are applicable?
Comment: The Facility consists of a Alum Sludge Lagoon and discharge. There is
some accumulation of vegetation around the lagoon that should be cleaned and
removed.
Page# 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Weston Triplette
Caldwell Ready-Mix Inc
PO Box 461
Granite Falls NC 28630
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Caldwell Ready Mix Incorporated
Permit No: NCG140303
Caldwell County
.Dear Mr. Triplette:
This letter is in follow-up to the Stormwater Permit Compliance Inspection conducted on
November 29, 2010. The facility needs to develop and implement a Stormwater Pollution
Prevention Plan(SPPP) and perform the required monitoring in order to be compliant with permit
NCG140303. The following items need to be addressed:
Stormwater Pollution Prevention Plan (SPPP)
Part II Section A requires the development of the SPPP which will encompass management
components to ensure the facility is preventing pollution from entering adjacent waters.
Analytical Monitoring
Part II Section B and Section C require sampling of the stormwater and wastewater discharge to
evaluate for pollutants.
Qualitative Monitoring
Part II Section F requires a visual evaluation of the discharge from the facility.
Required Response
By February 25, 2011, please submit your Stormwater Pollution Prevention Plan as well as your
Analytical and Qualitative Monitoring reports to me at 2090 US HWY 70, Swannanoa,NC 28778.
Please contact me at [phone] or linda.wiggsaa,ncdenr.gov, if I can be of any further
assistance.
6
Sincerely�,�
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: Central Files
Asheville Files S:\SWP\Caldwell\Stonnwater\NCG14 Ready Mix\Caldwell RediMix Inspection 080905\inspect LTR 11-10.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOrthCarolrna
Internet:www.ncwaterquality.org
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An Equal Opportunity\Affirmative Action Employer

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Randall Hamby
Hamby Brothers Concrete, Inc.
PO Box 844
Lenoir,NC 28645
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Hamby Brothers Concrete Incorporated
Permit No: NCG140097
Caldwell County
Dear Mr. Hamby:
This letter is in follow-up to the Stormwater Permit Compliance Inspection conducted on
November 30, 2010. The facility needs to develop and implement a Stormwater Pollution
Prevention Plan(SPPP) and perform the required monitoring in order to be compliant with permit
NCG140097. The following items need to be addressed:
Stormwater Pollution Prevention Plan (SPPP)
Part II Section A requires the development of the SPPP which will encompass management
components to ensure the facility is preventing pollution from entering adjacent waters.
Analytical Monitoring
Part II Section B and Section C require sampling of the stormwater and wastewater discharge to
evaluate for pollutants.
Qualitative Monitoring
Part II Section F requires a visual evaluation of the discharge from the facility.
Required Response
By February 25, 2011, please submit your Stormwater Pollution Prevention Plan as well as your
Analytical and Qualitative Monitoring reports to me at 2090 US HWY 70, Swannanoa,NC 28778.
Please contact me at [phone] or [e-mail], if I can be of any further
assistance.
Sincerely, ,'
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: Central Files
Asheville Files S:\SWP\Caldwell\Stormwater\NCG14 Ready Mix\Hamby\Hamby inspect LTR 11-10.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 I+�T011e 1
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 1 y ofthCarollllc`1.
Internet:www.ncwaterquality.org
NaturalCff
An Equal Opportunity\Affirmative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Roger Kerr
Kerrs Concrete
PO Box 1924
Hickory,NC 28603
SUBJECT: NPDES Stormwater Permit NCG1400000
Kerrs Concrete
Dear Mr. Kerr:
This letter is in follow-up to a site visit and file review of Stormwater Permits for Ready Mix
facilities. You have two facilities in the Asheville Regional Office regulatory area for the Division
of Water Quality; one facility in Caldwell County and one in Burke County. File review indicates
that these facilities are not covered under the required stormwater permit for ready mix industrial
activities. The following items need to be addressed:
Stormwater Permit Application
The Caldwell County facility needs to be permitted through the Notice of Intent(NOI),application
process. Please see the attached application.
Stormwater Permit Plan Review
The Burke County facility engineered plans need to be reviewed to determine if the design is
sufficient to avoid permitting that facility. Send a copy of the plans to the following address:
Stormwater Permitting Unit, Division of Water Quality, 1617 Mail Service Center, Raleigh NC
27699-1617; include a letter to Ken Pickle with this submittal asking for a courtesy review. Also
send a copy of the plans to my attention at the Division of Water Quality-Asheville Regional
Office at 2090 US HWY 70, Swannanoa NC 28778.
Required Response -
The above noted submittals should be received by February 25, 2011.
Please contact me at [phone] or linda.wiggsgncdenr.gov, if I can be of any further
assistance.
Sincerely,
n
Linda Wiggs P
Environmental Specialist
Surface Water Protection
cc: Central Files
Asheville Files
Enclosure S:\SWP\Caldwell\Stormwater\NCG14 Ready Mix\Kerr\Kerr LTR 1-1 Ldoc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NofthCa ollna
Internet:www.ncwaterquality.org
NR'tlaralll�f
An Equal Opportunity\Affirmative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Mr. Justin Hembree, Town Manager
Town of Tryon
301 N. Trade Street
Tryon, N.C. 28782
Subject: Compliance Evaluation Inspection
Town of Tryon, VWVTP
NPDES Permit No. N00021601
Polk County
Dear Mr. Hembree:
I conducted a Compliance Evaluation Inspection of the WWTP that serves the Town of Tryon on
November 4, 2010. The assistance and cooperation of Ms. Deborah Bradley, Tryon WWTP ORC
was greatly appreciated. DMR data reviewed and WWTP Process Control records indicated the
WWTP was being operated in compliance with permit NC0021601. A report is attached for your
records and findings are summarized.
If there are questions or additional information is needed regarding system operation,
maintenance, or a permit compliance question, please let me know. Thank you for the opportunity
to conduct this Compliance Evaluation Inspection.
Sincerely,
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
Joel Burrell, Public Works Director—Town of Tryon
S:\SWP\Polk\Wastewater\Municipal\Tryon WWTP 21601\21601 CEI 2010.do,c
North Carolina Division of Water Quality,Asheville Regional Office
Carolina 27107 One
Location:2090 U.S.Hwy.70,Swannanoa,North
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCaroli.n.a
Internet:www.ncwaterquality.orgColl/ /�/ahlra'll1/
An Equal Opportunity 1 Affirmative Action Employer vv �/

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO021601 111 121 10/11/04 117 181 CI 19Ls 201 1
Remarks
21I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------—------------Reserved----------------------
67I 169 70I 3( 711 I 72I N I 73 W 74 751 1 l l l l Li So
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 09/02/01
07:30 AM 10/11/04
Tryon WWTP
Exit Time/Date Permit Expiration Date
1526 E Howard St
Tryon NC 28782 10:00 AM 10/11/04 13/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Deborah M Bradley/ORC/828-859-5626/
Name,Address of Responsible Official/title/Phone and Fax Number
Contacted
Joel B Burrell,301 N Trade St Tryon NC 28782/Director of Public No
Works/828-859-6654/
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date d
OW
Don Price
C") ARO WQ//828-296-4500/ t_3 ~Z®1w
y/!+
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NCO021601 1
11 121
10/11/04 I17 181_'
Li
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This inspection was conducted as a "Unannounced" inspection. The time and assistance of Deborah
Bradley in
conducting the inspection is appreciated. Review of DMR's and on-site process control records indicate the
WWTP to operating in compliance with NPDES permit NC0021601.
Visual observations made of facility grounds, disinfection and de-chlorination, and effluent outfall indicated
no negative impact to the receiving stream. There was no indication of floating solids, foam or odors
occurring from the discharge.
Page# 2

Permit: NCO021601 Owner-Facility: Tryon WVVfP
Inspection Date: 11/04/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ Q ❑ n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ■ ❑ n n
Judge, and other that are applicable?
Comment:
Page# 3 �-

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
C. Dale Harman
2924 West Club Boulevard
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
C. Dale Harman
DWQ Project#2010-0947
Transylvania County
SAV02/Taxaway River(Lake Toxaway)/4-(1)/ Class B, Tr
Dear Mr. Harman:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been,granted to place fill Within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
lttached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers(USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
BoatHouse Foundation— 0.004 (acres) Application
natural rock
Temp Access 0.014 Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer

C.Dale Harman
01/04/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins,Director
CHSIkhb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Raymond.Toxaway\Raymond.Appvl.01-4-11.doe

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins
Governor Director Dee Freeman
Secretary
January 4, 2011
McNatt Family Limited
J. H. McNatt
102 Red Bird Circle
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
102 Red Bird Circle
DWQ Project# 2010-10.13
Transylvania County
SAV02 /Taxaway River (Lake Toxaway)/4-(1)/ Class B, Tr
Dear Mr. McNatt:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
.-Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
�---Moat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Seawall Repair-natural rock 10.01 (acres) Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NQTthCarolina
Internet:www.ncwaterquality.org
Natma!!y
An Equal Opportunity 1 Affirmative Action Employer

Jim McNatt
01/04/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in \
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water.Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
U
Coleen H. Sullins, Director
CHS1khb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USAGE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S AS WP\Transylvania\401 s\Non-DOT\McNatt.Toxaway\McNatt.Appv1.01-4-11.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Cliff and Georganne Williams
623 Cold Mountain Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification-Approval
Williams Residence
DWQ Project#2010-1039
Transylvania County
SAV02/Toxaway River (Lake Toxaway)/4-(1)/ Class B, Tr
Dear Mr. and Mrs. Williams:
The Division of Water Quality(Division)has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
It has been determined that the subject project does not require written concurrence from the Division and is
deemed certified, if the conditions required by Water Quality Certification No. 3687 are followed(attached). In
ddition, you should obtain or otherwise comply with any other required federal, state or local permits before
proceeding with the project, including (but not limited to) Erosion and Sediment Control regulations.
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Roger C. Edwards, Regional Supervisor-
Surface Water Protection
Asheville Regional Office
CHS/khb
cc: USACE Asheville Regulatory Field Office
Wildlife Resources Commission—David McHenry
401 Permitting Unit—Central Office
ARO File Copy
G:\WPDATA\DEMWQ\Buncombe\401s\Buncombe Co Landfill\93-1066 Q no 401 regd 4 23 2009.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org Naturally
An Equal Opportunity\Affirmative Action Employer

���...
l !
ti�/
/.__.
��.,%;

ArT4
-WA
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 4, 2011
Tom Kapp
763 Blue Ridge Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Tom Kapp Seawall
DWQ Project# 2010-1027
Transylvania County
SAV02 /Taxaway River(Lake Toxaway) /4-(l)/Class B, Tr
Dear Mr. Kapp:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
`oat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) EPlan Location or Reference
Seawall Repair—natural rock 0.01 (acres) Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 �TOne
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 l�orthCarolina
Internet:www.ncwaterquality.org
Natmrallf
An Equal Opportunity 1 Affirmative Action Employer

Tom Kapp
01/04/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHSIkhb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
SAS WP\Transylvania\401 s\Non-DOT\Kapp.Toxaway\TomKapp.Appvl.01-4-11.doc
l✓

TVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 4, 2011
Cliff and Georganne Williams
623 Cold Mountain Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification-Approval
Williams Residence
DWQ Project#2010-1039
Transylvania County
SAV02/Toxaway River (Lake Toxaway)/4-(1)/ Class B, Tr
Dear Mr. and Mrs. Williams:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
-Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
oat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
.you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Boat House Excavation <25-(cubic yards) Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
-VRtll�lr��l,f
An Equal Opportunity 1 Affirmative Action Employer

Cliff and Georganne Williams
01/04/2011
Page 2 of 2
Additional Conditions
• Were at all possible, a rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope
extending water ward to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHSIkhb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
G:\WPDATA\DEMWQ\NonPoint Source Team\401 s - Wetlands\Authorization\Approval_Template_5-7-
09.doc

ALTIV,;1q,
0WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 4, 2011
Elizabeth Bethal Glazebrook
716 North East Shore Drive
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification - Approval
Glazebrook Seawall
DWQ Project#2010-1040
Transylvania County
SAV02/Taxaway River(Lake Toxaway) /4-(1)/Class B, Tr
Dear Mrs. Glazebrook:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
' )oat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to)Erosion and Sediment-Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Seawall Repair—natural rock 0.03 (acres) Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Nor 1,Cc`ir01111a
Internet:www.ncwaterquality.org 1v Ol't11
Naturally
An Equal Opportunity 1 Affirmative Action Employer

Elizabeth Bethal Glazebrook
01/04/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
e�q� 1!�a Z-� �
Coleen H. Sullins, Director
CHSIkhb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S W P\Transylvania\401 s\Non-DOT\Glazebrook.Toxaway\Glazebrook.Appvl.01-4-11.doc

�T:��
RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Richard S. and Nancy S. Raymond
4026 West Club Boulevard
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Raymond Residence
DWQ Project#2010-1041
Transylvania County
SAV02/Taxaway River (Lake Toxaway) /4-(1)/ Class B, Tr
Dear Mr. and Mrs. Raymond:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
\'oat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers(USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with-your project including (but not limited to)Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Flan Location or Reference
Seawall Repair—natural rock 10.02 (acres) Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer

Richard S.and Nancy S.Raymond
O1/04/2011
Page 2 of 2
Additional Conditions
e A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward,
to provide wildlife habitat. Please reference attached diagram. `
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),"you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
�U
Coleen H. Sullins, Director
CHS1khb --
i
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S AS WP\Transylvania\401 s\Non-DOT\Raymond.Toxaway\Raymond.Appv1.01-4-11.doc

Ai 4",r7A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves.Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 4, 2011
Stephen A. and Margaret R. Dana
2912 West Club Boulevard
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Dana Seawall and Boathouse Repair
DWQ Project# 2010-1028
Transylvania County
SAV02/Taxaway River(Lake Toxaway)/4-(1)/ Class B, Tr
Dear Mr. and Mrs. Dana:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional.conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Seawall and BoatHouse 0.02 (acres) Application
Foundation—natural rock
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org
�atur�xllr�
An Equal Opportunity t Affirmative Action Employer

Stephen A.and Margaret R.Dana
01/04/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
in
1
Coleen H. Sullins, Director
CHS1khb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Dana.Toxaway\Dana.Appvl.01-4-I l.doe

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2011
Mr. McCray Coates, P.E., Stormwater Services Manager
City of Asheville
P.O. Box 7148
Asheville,NC 28802
Subject: Final Site Inspection Notification
Dingle Creek Stormwater Wetland and Stream Stabilization/Enhancement
DWQ Project# 08-0264
Buncombe County
FRB02/Dingle Creek/6-71 /Class C
Dear Ms. Ball:
Mr. Kevin Barnett and Ms. Susan Wilson, staff of the Surface Water Protection Section—Asheville Regional
Office, conducted a post-construction/final site inspection for the Dingle Creek Stormwater Wetland and Stream
Stabilization/Enhancement project on December 9, 2010. Mr. Forrest Westall, McGill Associates, and Mr.
\ huck Watson, City of Asheville—Stormwater Services, were also present during the inspection.
The post-construction inspection, along with the as-built plans submitted to this office, indicated that the project
has been constructed substantially as authorized.
If you have any questions or need additional information, please contact me at(828) 296-4500 or
susan.a.wilsongncdenr.gov ..
Since ly,
Susan A. Wilson, P.E.
Environmental Engineer
cc: Chuck Watson, City of Asheville, Stormwater Services
Seth Robertson, P.E., CG&L Section/DWQ
Forrest Westall, P.E., McGill Associates, P.A.
Kevin Boyer,NC Clean Water Management Trust Fund, (CWMTF Project No. 2008-701)
ARO File Copy
SASYMBuncombe\401 s\Non-DOT\DingleCreek.Stormwater.CityOfAsheville-Ramble\DingleCreekStormwater\Dingle Creek Post Const Insp 1
2011.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrthCarollna
Internet:www.ncwaterquality.org
Nahl a!!ff
An Equal Opportunity 1 Affirmative Action Employer

NCDGNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
t3everly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 5, 2011
Scott B. and Anne B. Perper
1803 Cold Mountain Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification - Approval
Scott and Anne Perper Seawall
DWQ Project# 10-1030
Transylvania County
SAV02/Taxaway River(Lake Toxaway)/4-(1)/Class B, Tr
Dear Mr. and Mrs. Perper:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
"goat house repair at the subject property. This approval requires you to follow the conditions listed in the
--attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with.your project including (but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Seawall—natural rock 0.018 (acres) Application
Temp Work Area 0.037 (acres) Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] i Customer Service:1-877-623-6748 1��One 1 t
Internet:www.ncwaterquality.org 1 V OTthCa Olina.
;Vahmallf
An Equal Opportunity 1 Affirmative Action Employer

Scott and Anne Perper
01/05/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
An
Coleen H. Sullins, Director
i
CHS/khb
Enc: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit-Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
SAS WP\Transylvania\401 s\Non-DOT\Perper.Toxaway\Pcrper.Appvl.01-5-11.doc

s
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5, 2011
Robert Rearden, Jr., Chief Executive Officer
2660 Peachtree Road
Unit 30B
Atlanta, Georgia 30361
Bobby and Dell Rearden
3432 West Club Boulevard
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Rearden Seawall
DWQ Project 4 10-1031
Transylvania County
SAV02/Taxaway River(Lake Toxaway) /4-(1)/ Class B, Tr
Dear Messrs. Rearden:
,The Division of Water Quality has completed the review of your 401 Water Quality Certification application
,:associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Number
3689. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including (but not limited to)
Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 One t.
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Ndrth� ,011na
Internet:www.ncwaterquality.org
AV®�pp An Equal Opportunity 1 Affirmative Action Employer Natffraliff

Rearden Seawall
01/05/2011
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Seawall—Natural Stone 0.01 (acres) Application
Temporary work area 0.04 (acres) Application
Dredging 0.01 (acres) Application
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins,Director
CHS/khb
Eric: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
SAS WP\Transylvania\401 s\Non-DOT\Rearden.Toxaway\Rearden.Appvl.01-5-11.doc

AriA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 5, 2011
Trina Lou Johns
40 Lake Point Drive
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Michael and Trina Johns Boathouse
DWQ Project# 10-1020
Transylvania County
SAV02/Taxaway River (Lake Toxaway)/4-(1) / Class B, Tr
Dear Mrs. Johns:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above,
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Number
3689. The proposed character boulders and river slicks (stones) are not approved by this
correspondence, and are not to be installed. This Certification allows you to use Nationwide Permit, 13
when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification
shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain
or otherwise comply with any other required federal, state or local permits before you proceed with your project
including (but not limited to) Erosion'and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Boat House Foundation 0.016 (acres) Application
Kayak Dock Seawall—natural 0.002 (acres) Application
boulders
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer
Nahi 'R"l`lf

Trina Johns
01/05/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Eric: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\SWP\Transy1vania\401 s\Non-DOT\Johns.Toxaway\Johns.Appv1.01-5-11.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 5, 2011
CERTIFIED MAIL
RETURN RECEIPT REOUESTED 7009 1680 0000 7515 2212
ATTN: Mr. Tim Fierle
Buncombe County Board of Education
175 Bingham Rd
Asheville,NC 28806
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Charles C. Bell Elementary School
NOV-2011-PC-0005
Construction Stormwater Permit NCGO10000
Stream Standard Violation- Other Waste (In-stream sediment)
Buncombe County
Response deadline: January 27,2011
Dear Mr. Fierle:
On December 3, 2010, Susan A. Wilson and Kevin Barnett, from the Asheville Regional Office of
the Division of Water Quality(DWQ), conducted a site inspection at Charles C. Bell Elementary
School along Maple Springs Road in Buncombe County. Mr. Greg White and Mr. Andy White,
WNC White Corporation, were on-site during the inspection.
Construction Stormwater Permit and stream standard violations were noted during the inspection.
Sediment impacts to an unnamed tributary to the Swannanoa River, a Class C stream in the French
Broad River basin, were documented constituting permit and standard violations.
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarofina.
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �atura���
Internet: www.ncwaterquality.org
GG An Equal Opportunity\Affirmative Action Employer

Mr.Fierle
Januarys,2011
Page 2 of 4
a. Rain Gauge(Part I. Section B. No. 1.)A rain gauge was not observed on the site
at the time of inspection(the entire site was not inspected by staff).
b. Rain Gauge Data (Part 1.Section B. No. 1.)Rain gauge data, measured daily,was
not reviewed.
c. Schedule of Compliance(Part I. Section C. No. 2) Failure to operate and maintain
stormwater controls to optimum efficiency as cited by Division of Land Resources
Notice of Violation dated December 8, 2010,represents a violation of NCGO10000
Permit.
d. Minimum Monitoring and Record Keeping(Part 1. Section B. No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not reviewed during the site inspection.
e. Final Limitations and Controls for Stormwater Discharges (Part 1. Section A.
No.2)Failure to follow the Erosion Control Plan, as cited in Division of Land
Resources Notice of Violation dated December 8, 2010, represents a violation of
NCGO10000 Permit.
f. Twenty-four Hour Reporting(Part II. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. Stream Standard Violation- Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f Greater than 200 feet of an unnamed tributary to the Swannanoa River, a Class C
stream, was impacted by sediment deposition greater than 3 to 6 inches throughout the
stream reach, representing Water Quality.Stream Standard violation of 15A NCAC 02B
.0211 (3) (f).
REQUIRED RESPONSE
This Office requests that you respond in writing to this Notice by January 27,2011. Your
response should be sent to both the attention of Susan A. Wilson, Division of Water Quality,2090
US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater
Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC
27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
c. Please provide information detailing your compliance with the minimum
monitoring and reporting requirements as requested above for each phase of the
project. This information must include monitoring records from October 1, 2010
through to the date of your written response to this letter. Specifically, it is
requested that DWQ be provided a copy of all rain gauge data and weekly
inspection/monitoring reports related to your inspections of the approved �,_

it
r
sedimentation and erosion control facilities and stormwater outfalls. Copies of all
corresponding inspections subsequent to rain events greater than 0.5 inches are
requested as well.
d. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
projects.
II. Stream Standard- Other Waste (In-Stream Sediment)
a. Please explain when construction(excavation, grubbing, and clearing)began at the
site.
b. Please provide a map that depicts all streams and wetlands on your property, as well
as the areas that have been impacted, both on and off site.
c. Please submit a Sediment Removal Plan (Plan)to this office for review and
approval. The Plan must address removal of the accumulated sediment from the
unnamed tributary to the Swannanoa River. The Plan must be submitted to the
Division of Water Quality for review and approval rU for to implementation. You
should secure an environmental consultant experienced in stream restoration to
assist you with your plan development. It is recommended that your consultant
contact Susan A. Wilson of the Asheville Regional Office for additional guidance
during restoration plan development. The Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Susan A. Wilson.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered.

Mr.Fierle
January 5,2011
Page 4 of 4
Your above-mentioned response to this correspondence will be considered in this process. This
office requires that the violations, as detailed above, be abated immediately. These violations
and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regarding these matters,please contact Susan
A. Wilson at(828)296-4665 (or susan.a.wilson ca,ncdenr.gov).
Sincerely,
X;v
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: NCGO10000 permit
Sediment Removal Guidance
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources/ARO, Darlene Kucken
McCray Coates, City of Asheville
SASWP\Buncombe\Stormwater\NCG0I Construction\Charles C Bell Elem\NOV-2011-PC-0005.Bell Elem.1 2011.doc `-'

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 5, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2205
Vance Houston
548 Powder Mill
Newland,NC 28657
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
R. Vance Houston Site
DWQ Tracking Number: NCR002874
NOV-2011-PC-0004
Construction Stormwater Permit NCGO10000
Stream Standard Violation- Other Waste (In-stream sediment)
Mitchell County
Response deadline: January 21,2011
Dear Mr. Houston:
On December 21, 2011, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality(DWQ) conducted a site inspection at the R. Vance Houston Site along Ridge Road
in Mitchell County. Mr. Kevin Barnett with the Division was also present.
Construction Stormwater Permit and stream standards violations were noted during the inspection.
Sediment impacts to Middle Ridge and Jakes Creeks, classified C; Trout waters,were documented.
Sediment was measured in excess of 24 inches and has impacted approximately 7,000 feet of
streams.
Please note: The Division considers the Feldspar Corporation jointly liable for the stream impacts
described herein and, is therefore, also receiving a Notice of Violation. A cooperative approach to
remediate the impacts to the streams from the eroded material appears warranted and preferred.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �,t�1.i1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N01Carohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org NatKraiL//
'y
7�' An Eaual O000rtunitv\Affirmative Action Fmolover

Vance Houston
January 5,2011
Page 2 of 4
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre.
a. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in Division of Land
Resources Notice of Violation dated December 22, 2010, represents a violation of
NCGO10000 Permit.
b. Schedule of Compliance (Part I. Section C. No.2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated December 22, 2010,represents a violation of
NCGO10000 Permit.
c. Rain Gauge (Part I. Section B. No. 1.)A rain gauge was not observed on the site
at the time of inspection.
d. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily,was
not recorded and available for review. *However, a site representative was not
available during the inspection.
e. Minimum Monitoring and Record Keeping(Part I. Section B.No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not recorded and available for review. *However, a site representative was not
available during the inspection.
f. Twenty-four Hour Reporting(Part II. Section E.No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. Stream Standard Violation-Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—Approximately 7,000 feet of Middle Ridge and Jakes Creeks was impacted by
sediment deposition upwards of 24 inches throughout the stream reach, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
This Office requests that you respond in writing by January 21,2011. Your response should be
sent to both the attention of Mr. Chuck Cranford,Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617.
Your response should address the following items:
I. Construction Stormwater Permit NCGO10000
a. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan.
b. You should include in your response an explanation of why proper operation
and maintenance of stormwater and erosion control measures was not

.on
2011
of 4
performed to optimum efficiency and how you propose to prevent these
problems from reoccurring on this project and on future projects.
c. Please explain why a rain gauge was not onsite.
d. Please provide information detailing your compliance with the minimum
monitoring and reporting requirements. This information must include monitoring
records from September 2010 through to the date of your written response to this
letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge
data and weekly inspection/monitoring reports related to your inspections of the
approved sedimentation and erosion control facilities and stormwater outfalls.
Copies of all corresponding inspections subsequent to rain events greater than 0.5
inches are requested as well.
e. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
projects.
II. Stream Standard- Other Waste (In-Stream Sediment)
a. Please provide a map that depicts all streams and wetlands on your property as well
as all impacted waters,both on- and off-site.
b. Please submit a Sediment Removal Plan to this office for review and approval. The
Plan must address removal of accumulated sediment from all impacted surface
waters. You must secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan and obtaining any necessary
approvals. It is recommended that your consultant contact Chuck Cranford of the
Asheville Regional Office for additional guidance during Plan development. The
Plan should include:
• A narrative explaining how sediment will be removed; including,techniques,
equipment;manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Chuck Cranford.

Vance Houston
January 5,2011
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at (828) 296-
4664.
Sincerely,
�'�Cif u_w�_
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Mitchell County Planning
Greg Taveras—Feldspar Corp. -
PO Box 99
Spruce Pine,NC 28777
S:\SWP\Mitchell\Stormwater\NCGOI Construction\Houston Site\NOV-2011-PC-0004.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 5, 2011
CERTIFIED MAIL
RETURN RECEIPT REOUESTED 7009 1680 0000 7515 2199
Gregory Taveras
Feldspar Corporation
P.O.Box 99
Spruce Pine,NC 28777
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2011-SS-0001
Stream Standard Violation- Other Waste (In-stream sediment)
Mitchell County
Response deadline: January 21,2011
Dear Mr. Taveras:
On December 21, 2011, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at the R. Vance Houston Site along Ridge Road
in Mitchell County. Mr. Kevin Barnett with the Division was also present.
Stream standards violations were noted during the inspection. Sediment impacts to Middle Ridge
and Jakes Creeks, classified C; Trout waters,were documented. Sediment was measured in excess
of 24 inches and has impacted approximately 7,000 feet of streams.
Please note: The Division considers Mr. Vance Houston jointly liable for the stream impacts
described herein and, is therefore, also receiving a Notice of Violation. A cooperative approach to
remediate the impacts to the streams from the eroded material appears warranted and preferred.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15ANCAC 02B .0211
(3)f—Approximately 7,000 feet of Middle Ridge and Jakes Creeks was impacted by
sediment deposition upwards of 24 inches throughout the stream reach,representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
5p� Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 L�N�//�
Internet: www.ncwaterg uali or Na` ` l
An Equal Opportunity;Affirmative Action Employer

Gregory Taveras
January 5,2011
Page 2 of 3
REQUIRED RESPONSE
This Office requests that you respond in writing by January 21,2011. Your response should be
sent to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617.
Your response should address the following items:
I. Stream Standard-Other Waste (In-Stream Sediment)
a. Please provide a map that depicts all streams and wetlands on your property as well
as all impacted waters,both on- and off-site.
b. Please submit a Sediment Removal Plan to this office for review and approval. The
Plan must address removal of accumulated sediment from all impacted surface
waters. You must secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan and obtaining any necessary
approvals. It is recommended that your consultant contact Chuck Cranford of the
Asheville Regional Office for additional guidance during Plan development. The
Plan should include:
• A narrative explaining how sediment will be removed; including, techniques, --'
equipment,manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
Once the work is complete, a fmal report documenting the results of the sediment
removal activities should be submitted to Chuck Cranford.

Its
Al
3
Thank you for your attention to this matter.This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-
4664.
Sincerely,
(..mot
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Mitchell County Planning
Vance Houston - 548 Powder Mill
Newland,NC 28657
S:\SWP\Mitchell\Complaints\HoustonTrucking\NOV-2011-SS-OOOI.doc

\ J,
�` j
_. _.._..

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7516 2182
Mr. William N. Hughes
Town of Murphy
P.O. Box 130
Murphy,North Carolina 28906-0130
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2011-0001
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$3,817.00 ($3,750.00 civil penalty+$67.00 enforcement costs) against the Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Murphy for the month of October 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
October 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Murphy violated the
terms, conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Murphy:
None
rthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.orq

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$750.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
2 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$750.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,125.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,125.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly limit for TSS.
$3,750.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$3,817.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617 `_,-

OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)

days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one(1) copy and a filing fee(if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred.to the Attorney General's Office for collection of the penalty through a civil action. ` _!
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
S:NS1V('i:hes 1. c W ste�tittter:itrzo c,r alt t?ir��tay t'�L 1 7'rf)3,:50 1 �r-'i}l t--i)O(}L.d is

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0001 County: Cherokee
Assessed Party: The Town of Murphy
Permit No.: NC0020940 Amount Assessed: $3,817.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one,or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or aresult of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
AND NATURAL RESOURCES
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF MURPHY )
PERMIT NO. NCO020940 ) FILE NO. LV-2011-0001
Having been assessed civil penalties totaling $3,817.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 5, 2011, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 6, 2011
Mr. Gary Jensen
The Switzerland Inn
P.O. Box 399
Little Switzerland, North Carolina 28749
Subject: NOTICE OF VIOLATION
NOV-201 1-LV-0002
Permit No. NCO030996
The Switzerland Inn WWTP
McDowell County
Dear Mr. Jensen:
A review of The Switzerland Inn's WWTP monitoring report for July 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/06/10 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
It has been noted that some BOD samples on several previous DMRs are marked with
Use of"greater than"values. Such values are only expected(and then only infrequently) in
the reporting of Fecal Coliform and BOD. if a"greater than"value is reported, the numeric portion
of the value should be sufficiently high so as to make the facility aware of the extent of any
problems with treatment efficiency. Upon receipt of"greater than"testing results, a facility should
consult its laboratory to see if changes in testing procedure need to be made in order to get
discreet values from the analysis.
Please contact Gary Francies or Jason Smith of the Asheville NCDENR DWQ Laboratory
- Certification Branch at 828-296-4677 for proper laboratory reporting procedures for the
parameter BOD.
On
e
N Carolina
NWAM Y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.org FAX [phone] 1-877-623-6748

Mr. Gary Jensen
January 6, 2011
Page Two
Additionally,some previous DMRs for The Switzerland Inn do not have the minimum required 10 days
between sampling of parameters which, by your NPDES permit requirements, are to be sampled twice per
month.
Part 11, Section A. of your NPDES permit states "2/Month': Samples are collected twice per
month with at least ten calendar days between sampling events. You are required by your permit to
follow this protocol. Please begin using this permit requirement on future sampling events.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4600.
Sincerely,
� e.
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Gary Francies, Jason Smith/DWQ Laboratory Certification
KACE Environmental/ORC
S:1SWP1McDowell\WastewaterlMinors\Switzerland inn 30996WOV-2011-LV-0002.doc

DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 6, 2011
James Felts
2504 Alton Road,NW
Atlanta, Georgia 30305
Subject: 401 Water Quality Certification-Approval
James Felts Lot B-80
DWQ Project# 07-1571 Version 2
Transylvania County
SAV02/Toxaway River(Lake Toxaway)/4-(1)/Class B, Tr
Dear Mr. Felts:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
ttached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Numbers
3689 and 3821. This Certification allows you to use Nationwide Permits 13 and 18 when issued by the US
Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise
comply with any other required federal, state or local permits before you proceed with your project including
(but not limited to)Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Wetland Fill 0.06 (acres) Application- W 1 P
Wetland Fill/Excavation 0.01 (acres) Application- W2P
Seawall—Natural Stone 0.003 (acrea) Application- O 1 P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 NOrtllCar01111a
Internet:www.ncwaterquality.org
An Equal Opportunity I Affirmative Action Employer

James Felts
01/06/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb \
Enc: GC3689 and GC3821
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401s\Non-DOT\Felts.Toxaway\Felts.Appvl.01-6-1 l.doc

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 6; 2011
John J. and Shelia Rinker
Five South Lake Trail
Palm Beach, Florida 33480
Subject: 401 Water Quality Certification-Approval
Rinker Property at 192 Windward Point Road
DWQ Project# 10-0978
Transylvania County
SAV02/Taxaway River(Lake Toxaway)/4-(1)/ Class B, Tr
Dear Mr. and Mrs. Rinker:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
oat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to)Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Seawall—natural rock 0.03 (acres) Application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]t FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www:ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

John J.and Shelia Rinker
01/06/2011
Page 2 of 2
Additional Conditions
a A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward ,
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS1khb
Enc: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Rinker.Toxaway\Rinker.Appvl.01-6-11.doc

4;��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 6, 2011
David Moore
Blue Ridge Panels, Inc.
820 Complex St SW
Lenoir,NC 28645
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Blue Ridge Panels
Permit No: NCG210386
Caldwell County
Dear Mr. Moore:
This letter is in follow-up to the Stormwater Permit Compliance Inspection conducted on
November 30, 2010. The facility has exceeded analytical benchmarks for COD and TSS.
Housekeeping was a significant issue when the exceeding samples were taken. During the
inspection housekeeping had improved. However, further sampling will determine if a more
stringent housekeeping regime will be needed for compliance. Regardless a Preventative
Maintenance and Good Housekeeping Program has to be developed and implemented as part of
the Stormwater Pollution Prevention Plan(SPPP) in order to be compliant with permit
NCG210386. The following items need to be addressed:
Stormwater Pollution Prevention Plan (SPPP)
Part II Section A#4 requires a Preventative Maintenance and Good Housekeeping Program.
Components of this program include an accurate delineation of the stormwater conveyance system
and the drainage areas flowing to those conveyances.
Required Response
By February 28, 2011, please submit your Preventative Maintenance and Good Housekeeping
Program along with the stormwater conveyance system and drainages to me at 2090 US HWY 70,
Swannanoa,NC 28778. Also, submit your next round of sampling results.
Please contact me at [phone] or linda.wiggskncdenr.gov, if I can be of any further
assistance.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: Central Files
Asheville Files
S:\SWP\Caldwell\Stormwater\NCG21Timber\B1ueRidgePanel\B1ueRdg inspect LTR 11-10.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOl .ar(}llria
Internet:www.ncwaterquality.org �lxtllhll��l,f
An Equal Opportunity 1 Affirmative Action Employer f s`

�` ,i
�_,

'74
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 6, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2502
Mr. Gary Jensen
The Switzerland Inn
P.O. Box 399
Little Switzerland,North Carolina 28749
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO030996
The Switzerland Inn
The Switzerland Inn WWTP
Case No. LV-2011-0007
McDowell County
Dear Mr. Jensen:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$167.00
($100.00 civil penalty+ $67.00 enforcement costs) against The Switzerland Inn.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by The Switzerland Inn for the month of June 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0030996. The violations which occurred in
June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that The Switzerland Inn violated the
terms, conditions or requirements of NPDES Permit NCO030996 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against The Switzerland Inn:
NoorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0030996,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0030996,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$100.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$167.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative

.:aring and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition maybe filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section �J
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
KACE Environmental/ORC w/attachments
S:'.S4Vt'i141 I?o��eli11't#ste��ater.\4inursiSti�itrerltinilInn 0996\LV-201.1-0007.d{rc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0007 County: McDowell
Assessed Party: The Switzerland Inn
Permit No.: NCO030996 Amount Assessed: $167.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
.more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT`
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE SWITZERLAND INN )
PERMIT NO. NCO030996 ) FILE NO. LV-2011-0007
Having been assessed civil penalties totaling 1167.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 6, 2011, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
i
SIGNATURE
ADDRESS
TELEPHONE

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MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 7, 2011
Mr. Roger C. Floren, II
Flesher's Fairview Rest Home
P.O. Box 1160
Fairview, North Carolina 28730
Subject: NOTICE OF VIOLATION
NOV-2011-LM-0001
Permit No. NCO034924
Flesher's Fairview Rest Home WWTP
Buncombe County
Dear Mr. Floren:
A review of Flesher's Fairview Rest Home's WWTP monitoring report for July 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/08/2010 400#/100m1 600#/100ml Daily.Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the preceding subject violation, it is not
requested that a response be submitted: however,should you have additional information concerning the above violation
or comments which you wish to present, please submit them to the attention of Janet Cantwell.
Parameter Date Measuring Violation
Frequency
BOD Week ending 07/03/2010 Weekly Failure to Monitor
If the above parameter was left off inadvertently,please send an amended DMR within 10 business days.
of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James&James Environmental/ORC
None Carolina
S_1SWP1Buncombe\Wastewater\MinorstFlesher's Rest Home 349241NOV-2011-LM-0001.doc Nturall
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

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___.. .

, ,....*
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 7, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2229
Mr. Michael Molling
USDI National Park Service
199 Hemphill Knob Road
Asheville,North Carolina 28803
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO072729
USDI National Park Service
Mount Pisgah Lodge& Recreation Area WWTP
Case No. LM-2011-0001
Haywood County
Dear Mr. Molling:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$167.00
($100.00 civil penalty+ $67.00 enforcement costs) against USDI National Park Service.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by USDI National Park Service for the month of June 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0072729. The violations which occurred in
June 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that USDI National Park Service
violated the terms, conditions or requirements of NPDES Permit NCO072729 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against USDI National Park Service:
None
rthCarolina
�atura!!r�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org oM•

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0072729, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0072729, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLL
$.00 For 0 of the 2 failures to properly monitor Chlorine in violation of
NPDES Permit No. NC0072729.
$.00 For 0 of the 1 failures to properly monitor FLOW in violation of
NPDES Permit No. NC0072729.
$100.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$167.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification -'
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.

;questing remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings

within seven(7)business days following the faxed or electronic transmission. You should contact`,
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions,please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
zo;rcl
. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Henry Keefer/ORC Mt. Pisgah Lodge w/attachments
4:�SW L'r:flsrywot)(I'GWastew rteri%linorskNII,llisg di L...od�ie& Ree Treat 72729"LAI-2011-0001,doc. ���

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2011-0001 County: Haywood
Assessed Party: USDI National Park Service/Mt. Pisgah Lodge
Permit No.: NC0072729 Amount Assessed: $167.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT.,
AND NATURAL RESOURCES
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
USDI NATIONAL PARK SERVICE/ )
MT. PISGAH LODGE )
PERMIT NO. NCO072729 ) FILE NO. LM-2011-0001
Having been assessed civil penalties totaling $167.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 7, 2011, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 10, 2011
Ms. Monica Schwalbach, Supervisor
USDA US Forest Service
P.O. Box 2750
Asheville, North Carolina 28802-2750
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0002
Permit No. NCO020486
North Mills River Recreation Area WWTP
Henderson County
Dear Ms. Schwalbach:
A review of North Mills River Recreation Area's WWTP monitoring report for July 2010 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Ammonia Nitrogen 07/31/2011 Twice Monthly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
e.
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
S:1,SWP1HendersonlWastewaterlMinorslNorth Mills River Rec 204861NOV-2011-MV-0002.doc WorthCarolina
Nawra!!rf
North Carolina Division of Water,Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 10, 2011
Ms. Naomi Burns
Town of Rhodhiss
P.O. Box 40
Rhodhiss, North Carolina 28667-0040
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0001
Permit No. NCO025917
Rhodhiss WWTP
Burke County
Dear Ms. Burns:
A review of Rhodhiss WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 07/31/2010 Twice Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs/ORC
S:1SWP1Burke\Wastewater\MunicipailRhodiss WWTP 25917tNOV-2011-MV-0001.doc I�oe Carolina
Naturalill
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatercivality.ora FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 10, 2011
Mr. Al Gurowski, Executive Manager
Pine Mountain Property Owners Association
2885 Pine Mountain Drive
Connelly Springs, North Carolina 28612
Subject: NOTICE OF VIOLATION
NOV-201 1-LV-0006
Permit No. NCO036935
Pine Mountain Lakes WWTP
Burke County
Dear Mr. Gurowski:
A review of Pine Mountain Lakes WWTP's monitoring report for July 2010 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/07/10 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
1 �s
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SWPtBurkelWastewater\Minors\Pine Mountain Lakes 369351NCV-2011-LV70006.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

ALT.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
Mr. Bill Hale
Bon Worth Inc.
P.O. Box 2890
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0012
Permit No. NCO037176
Bon Worth WWTP
Henderson County
Dear Mr. Hale:
A review of Bon Worth WWTP's monitoring report for August 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
- ' Coliform, Fecal MF, M-FC 08/03/10 400#/100ml 710#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SWPtHendersonlWastewaterlMinors\Bon Worth 371761NOV-2011-LV-0012.doc NorthCarolina
Nawrallr�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.oro FAX [phone] 1-877-623-6748

AL
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
Ms. Jan W. Grove
Midway Medical Center, P. A
P.O. Box 1409
Canton, North Carolina 28716-1409
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0013
Permit No. NCO022454
Midway Medical Center WWTP
Haywood County
Dear Ms. Grove:
A review of Midway Medical Center WWTP's monitoring report for August 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 08/03/10 400#/100ml 483#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4600.
Sincerely, /✓ I
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Haywood\Wastewater'\Minors\Midway Medical Center 22454\NQV-2011-LV-0013.doc WoAhCarotina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

_/
�1

Afflcx
4 3;
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
Ms. Deborah Harrell, President
Days Inn of Candler, Inc.
2551 Smokey Park Highway
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0014
Permit No. NCO025933
Days Inn West WWTP
Buncombe County
Dear Ms. Harrell:
A review of Days Inn West WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/15/10 400#/100ml 550#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Chris Dickinson/General Manager/ Days Inn West
James & James Environmental/ORC
S:\SWP\Buncombe\Wastewater\Minors\Days Inn West 25933\NOV-2011-LV-0014.doc NorthCarolina
A746 ily
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED— 7009 1680 0000 7515 2243
Mr.Nathan D. Benson
Benson Apartments
P.O.Box 1090
Mountain Home,North Carolina 28758
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO066362
Benson Apartments
Benson Apartments WWTP
Case No. LV-2011-0008
Henderson County
Dear Mr. Benson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$442.00
($375.00 civil penalty+ $67.00 enforcement costs) against Benson Apartments.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Benson Apartments for the month of July 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0066362. The violations which occurred in
July 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Benson Apartments violated the
terms, conditions or requirements of NPDES Permit NCO066362 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Benson Apartments:
Nocrtn e
hCarolina rolinaaturall�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N-Cone.
$375.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$442.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
.occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

�1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner; .
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2)is received in the Office of Administrative Hearings
within seven (7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]

Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely_,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James & James Environmental/ORC w/attachments
S:VSW 1'\d 1'enderson,Was le walei A-Iinors\.Benson:pa ments fi¢i (TIN-201 t-0008.doc _ .-

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0008 County: Henderson
Assessed Party: Benson Apartments
Permit No.: NCO066362 Amount Assessed: $442.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents,as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors.in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BENSON APARTMENTS )
PERMIT NO. NCO066362 ) FILE NO. LV-2011-0008
Having been assessed civil penalties totaling $442.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 12, 2011,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7515 2236
Mr.Nathan D. Benson
Benson Apartments
P.O. Box 1090
Mountain Home,North Carolina 28758
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO066362
Benson Apartments
Benson Apartments WWTP
Case No. LV-2011-0010
Henderson County
Dear Mr. Benson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($200.00 civil penalty+ $67.00 enforcement costs) against Benson Apartments.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Benson Apartments for the month of August 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0066362. The violations which occurred in
August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Benson Apartments violated the
terms, conditions or requirements of NPDES Permit NCO066362 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Benson Apartments:
NoorthCarolina
Natura!!tf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.ora

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066362,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
$200.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$267.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

�1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or,
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore,it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]

Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James &James Environmental/ORC w/attachments
5:SU1'alenderse>nlWasit��aiti`,'IinorstBenai>n ?annrents66,6T,TN-2011-00[0,d<?d ��

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0010 County: Henderson
Assessed Party: Nathan'Benson/Benson Apartments
Permit No.: NC0066362 Amount Assessed: $267.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty maybe granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT .
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
NATHAN BENSON/BENSON APARTMENTS )
PERMIT NO. NC0066362 ) FILE NO. LV-2011-0010
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 12, 2011,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7009 1680 0000 7515 2267
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO036641
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LM-2011-0002
Henderson County
Dear Mr. Nash:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$667.00
($600.00 civil penalty+ $67.00 enforcement costs) against Fletcher Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of July 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
July 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the
terms, conditions or requirements of NPDES Permit NCO036641 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215-.1(a),
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Fletcher Academy Inc.:
One
NofthCarolina
�Vaturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
500.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLI.
0 of the 1 violations of G.S. 143-215 and NPDES Permit No.
$00.00 NC0036641, for failure to properly monitor Conductivity,in
violation of the Permit Monitoring requirements.
$600.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$667.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.

.juesting remission is not the proper procedure for contesting whether the violation(s)
iccurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings.
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee(if a
filing fee is required by NCGS §150B-23.2)is received in the Office of Administrative Hearings

within seven (7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:.
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions,please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500. %-
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James&James Environmental/ORC w/attachments
5 tSlt%PA11enderson' aslewatcr\MincnsTIetcher Acadeon 6641`LM-201 1-0002 doc �-

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2011-0002 County: Henderson
Assessed Party: Fletcher Academy,Inc.
Permit No.: NC0036641 Amount Assessed: $667.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FLETCHER ACADEMY, INC. )
PERMIT NO. NCO033641 ) FILE NO. LM-2011-0002
Having been assessed civil penalties totaling $667.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 12, 2011, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
Mr. Jerry G. McKinney
Coats American Inc.
P.O Box 368
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0004
Permit No. NC0004243
Sevier Plant WWTP
McDowell County
Dear Mr. McKinney:
A review of Sevier Plant's monitoring report for August 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
- Coliform, Fecal MF, M-FC Broth,44.5C 08/07/2010 Weekly Failure to Monitor
Coliform, Fecal MF, M-FC Broth,44.5C 08/14/2010 Weekly Failure to Monitor
Coliform, Fecal MF, M-FC Broth,44.5C 08/21/2010 Weekly Failure to Monitor
Coliform, Fecal MF, M-FC Broth,44.5C 08/28/2010 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off
inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the
address found on the front page of your DMR and also a copy to this office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
of1
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Phillip Pittman/ORC
S:\SWP\McDowell\Wastewater\lndustrial\Coats 04243\NOV-2011-MV-0004.doc
�o e
N Carolina
tlfC61��l�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
Mr. Alfred B. Thompson, President
Camp Carolina
P.O. Box 919
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0003
Permit No. NCO055336
Camp Carolina WWTP
Transylvania County
Dear Mr. Thompson:
A review of Camp Carolina WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Measuring Frequency Violation
Total Residual Chlorine Week ending Twice Weekly Failure to Monitor
07/24/2010
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Y
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Keith Bond/ORC
S:\SWP\Transylvania\Wastewater\Minors\Camp Carolina 553361,NOV-2011-MV-0003.doc NorthCarolina
Naw,wily
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

��.,
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
Mr. Lynn Johnson, President
Brookside Village Association
c/o Paramount Management
P. O. Box 59
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2011-LM-0002
Permit No. NCO083313
Brookside Village WWTP
Henderson County
Dear Mr. Johnson:
A review of Brookside Village WWTP's monitoring report for July 2010 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
DO, Oxygen, Dissolved 07/22/10 6 mg/I 4.28 mg/I Daily Minimum
Not Reached
Solids, Total Suspended- 07/31/10 30 mg/l 36 mg/I Monthly Average
Concentration Exceeded
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 07/03/2010 Twice Weekly Failure to Monitor
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violations, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If
you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
R er C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
S:\SWP\Henderson\W�stewater\Minors\Brookside Village 83313\NOV-2011-LM-0002.doc NorthCarolina
Natwra!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

A4:Aq
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2011
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion, North Carolina 28752-1029
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0010
Permit No. N00071897
Henderson's Assisted Living WWTP
Henderson County
Dear Ms. Childrey:
A review of Henderson's Assisted Living WWTP's monitoring report for July 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
DO, Oxygen, Dissolved 07/22/10 6 mg/I 4.29 mg/I Daily Minimum
Not Reached
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact'Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SWP1HendersonlWastewater\Minors4Henderson's Assisted Living 718971NOV-2011-LV-0010.doc NorthCarolina
Natura!!rf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.ora FAX [phone] 1-877-623-6748

-....A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED— 7009 1680 0000 7515 2274
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure,North Carolina 28746-0255
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO025381
Town of Lake Lure
Lake Lure WWTP
Case No. LV-2011-0015
Rutherford County
Dear Mr. Braund:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,317.00 ($2,250.00 civil penalty+$67.00 enforcement costs) against the Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Lake Lure for the month of July 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025381. The violations which occurred in
July 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Lake Lure violated the
terms, conditions or requirements of NPDES Permit NCO025381 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above fmdings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Lake Lure: One
NorthCarohna
Natara!!y
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NCO025381, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NCO025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,250.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$2,317.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage; �J
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)

.,urged or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile(fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact

the Office'of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James &James Environmental/ORC w/attachments
S:'1I WI'URutherfi)rdl:u'astecvater:,lunicil)ak. akeLarcWWT1125331TV-20I1.-0015.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0015 County: Rutherford
Assessed Party: The Town of Lake Lure
Permit No.: NCO025381 Amount Assessed: $2,317.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT' .
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF LAKE LURE )
PERMIT NO. NCO025381 ) FILE NO. LV-2011-0015
Having been assessed civil penalties totaling $2,317.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 13, 2011,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
Ms. Anne Vance
Pavillon International
P.O. Box 199
Mill Spring, North Carolina 28756
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0006
Permit No. N00085294
Britten Creek WWTP
Polk County
Dear Ms. Vance:
A review of Britten Creek WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending Twice Weekly Failure to Monitor
07/24/2010
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
`t
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Palk\Wastewater\Minors\Pavillion Intl 85294\NOV-2011-MV-0006,doc NA' Karoiina
VVawrally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.ora FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen R Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
Mr. Joe Collins, Mayor
Town of Franklin
P.O. Box 1479
Franklin, North Carolina 28744
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0005
Permit No. NCO021547
Franklin WWTP
Macon County
Dear Mr. Collins:
A review of Franklin WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Measuring Frequency Violation
Zinc 07/31/2010 Monthly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant'when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter_ to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Wayne Price/ORC
S:\SWPtMaconlWastewaterlMunicipallFranklin WWTP 215471N©V-2011-MV-0005.doc WorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.org FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
Mr. John Lewis
Town of Spindale
P.O. Box 186
Spindale, North Carolina 28160
Subject: NOTICE OF VIOLATION
NOV-201 1-LV-001 7
Permit No. NCO020664
Spindale WWTP
Rutherford County
Dear Mr. Lewis:
A review of Spindale WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Chlorine, Total Residual 07/01/10 28 ug/I 52 ug/I Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4600.
Sincerely,
-..
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bill Hodge/ORC
S:\SWP\Rutherford\Wastewater\Municipal\Spindale WWTP 20664\NOV-2011-LV-0017.doc
Now e Carolina
�tura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nowaterguality.org FAX [phone] 1-877-623-6748

- - ___ L_..__
i�,;I
L..,

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
Mr. Richard Canipe
Town of Spruce Pine
P.O. Box 189
Spruce Pine, North Carolina 28777
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0007
Permit No. NCO021423
Spruce Pine WWTP
Mitchell County
Dear Mr. Canipe:
A review of Spruce Pine WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 07/31/2010 ' Twice Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
CC, DWQ Asheville files
DWQ Central Files_
Darrell Graham/ORC
S:\SWP\Mitchell\Wastewater\Municipal\21423 Spruce Pine WWTP\NCV-2011-MV-0007.doc Noe
Carolina
Ntura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

�\ i

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
Ms. Karen E. Andrews, Town Manager
Town of Rutherfordton
129 N. Main Street
Rutherfordton, North Carolina 28139
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0016
Permit No. NCO025909
Rutherfordton WWTP
Rutherford County
Dear Ms. Andrews:
A review of Rutherfordton WWTP's monitoring report for July 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Zinc, Total (as Zn) 07/13/2010 339 ug/I 376 ug/I Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500-
Sincerely, _
lqlo
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Jerry Alexander/ORC
S:\SWP\Ruther(ord\Wastewater\Municipal\Rutherfordton WWTP 253091NOV-2011-LV-0015.doc No hCarolina
�atura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

`\`_i"
__ __._

AF-R
,'�Allr
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 13, 2011
Anchors Landing Homeowners Association
Stephen Fee
5648 Anchor Drive
Granite Falls NC 28630-8695
Subject: 401 Water Quality Certification-Approval
Anchors Landing Clubhouse Rip-Rap Project
DWQ Project# 10-1006
Caldwell County
CTB / Gunpowder Crk-Lake Hickory/WS-IV
Dear Mr. Fee:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
.3sociated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 340 linear feet of open waters for the
purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693, This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USAGE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control and Water Supply Watershed regulations. No Catawba Buffer Rule impacts are approved for this
project.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOr1 hCar01121a
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer NahmallY

Anchors Landing HOA
January 13,2011
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters below normal 0.01 (acres) Revised Plan#7
pool level
Waters above normal 0.02 (acres) Revised Plan#8.a.
pool level
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely, '
qq�' e. 4,� ,
Coleen H. Sullins, Director
CHS11sw
Enc: GC3693
Certificate of Completion
cc: 401 Permitting Unit—Central Office
File Copy
Duke Energy-Wade Harmon
S:\SVWP\Caldwell\401s\Non-DOT\Anchors Landing HOA\anchorslandingApprovalJan2011.doc

AC,
A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
Lauren G. Grien
113 Lake Point Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Grien Boathouse repair, Dock Replacement and Seawall Repair
DWQ Project# 10-1060
Transylvania County
SAV02/Toxaway River (Lake Toxaway)/4-(1)/Class B, Tr
Dear Ms. Grien:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
_boat house repair at the subject property. This approval requires you to follow the conditions listed in the
tached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Boathouse Repair, Dock 0.02 (acres) Application Item 01
-__ -Replacementund_-Seaw-all--- --- -
Repair—natural rock
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 brie
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
Na mallry
An Equal Opportunity 1 Affirmative Action Employer

Lauren G.Grien
01/13/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you.do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S AS WP\Transylvania\401 s\Non-DOT\Grien.Toxaway\Grien.Appvl.01-13-I l.doc

-1
MOIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2011
Wilfred and Rita Olschewski
1732 South Congress Avenue, #265
Palm Springs, Florida 33461
Subject: 401 Water Quality Certification-Approval
Olschewski Dock Replacement and Seawall Repair
DWQ Project# 10-1070
Transylvania County
SAV02/Toxaway River (Lake Toxaway) /4-(1) / Class B, Tr
Dear Mr. and Mrs. Olschewski:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In*addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Dock Replacement and 0.01 (acres) Application Item 01
Seawall Repair natural-rock
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOr thCcarolina.
Internet:www.ncwaterquality.org �{ht f„ ilY
40u
An Equal Opportunity 1 Affirmative Action Employer `

Wilfred and Rita Olschewski
01/13/2011
Page 2 of 2
Additional Conditions
A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS1khb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Olschewski.Toxaway\Olschewski.Appvl.01-4-1 l.doc

A
;T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins
Governor Director. Dee Freeman
Secretary
January 13, 2011
John T. and Julie M. Fox
1097 Cold Mountain Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification-Approval
Fox Dock Replacement and Seawall Repair
DWQ Project# 10-1062
Transylvania County
SAV02/Toxaway River(Lake Toxaway) /4-(1)/ Class B, Tr
Dear Mr. and Mrs. Fox:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
-ittached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Dock Replacement and 0.02 (acres) Application Item 01
Seawall Repair natural rock -
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NQrtllCc`iT O11Ila
Internet:www.ncwaterquality,org
�Rtl1rR��lf
An Equal Opportunity 1 Affirmative Action Employer

John T.and Julie M.Fox
01/13/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward"
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Enc: GC3687
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Fox.Toxaway\Fox.Appvl.01-13-11.doc

,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 14, 2011
Mr. Henry Knaust
2655 Tarpon Road
Naples, FL 34102
Subject: 401 Water Quality Certification -Approval
Knaust Property—Shoreline Stabilization
DWQ Project# 10-0937
Jackson County
LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III, HQW, B
Dear Mr. Knaust:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Npproval has been granted to place fill within or otherwise impact approximately 145 linear feet of shoreline
approximately 0.02 acres of open waters) for the purpose of shoreline stabilization at the subject property. This
approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application(and additional information), and as authorized by this Certification shall expire upon expiration of
the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you proceed with your project including(but not limited to)
Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �TOne
Internet:www.ncwaterquality.org 1V orthCc` rofina
NaturallyAn Equal Opportunity 1 Affirmative Action Employer

Mr.Knaust
January 14,2011
Page 2 U2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.02 acres (below Sketch diagram and
full pool) application
(appx. 145 linear feet (Boulder wall plus rip rap
shoreline stabilization) fill, in conformance with
Duke Energy requirements)
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have,any questions,please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4500.
Sincerely,
Coleen H. Sullins, Director '
CHS/saw
Enc: GC3693
Certificate of Completion
Duke Energy rip-rap requirement
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Jackson County Planning
Lisa Leatherman, Duke Energy, Lake Services
Mr. Sherwin Shook, 1622 Clement Road, Brevard,NC 28712
File Copy
S:\SWP\Jackson\401s\Non-DOT\Knaust-shoreline stab-Glenville\APRVL.Knaust.1201 Ldoc

Z A va
4 LI)r .
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2011
Mr. Stan Bryson
Tuckaseigee Water& Sewer Authority
1246 W. Main Street
Sylva, North Carolina 28779
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0008
Permit No. NCO063321
Cashiers Plant#3 WWTP
Jackson County
Dear Mr. Bryson:
A review of Cashiers Plant#3 WWTP's monitoring report for July 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Temperature Week ending 07/31/2010 5 X Weekly Failure to Monitor
It was also noted that the Compliance box on.the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found.on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:\SWP\Jackson\Wastewater\Municipal\Cashiers WWTP 63321\NOV-2011-MV-0008.doc I�oe Carolina
Rurally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterqualitv.ora FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 14, 2011
Robert and Katherine Leich
56 Downing Ave.
Sea Cliff,NY 11579
Subject: 401 Water Quality Certification -Approval
Robert Leich Lot 154
DWQ Project# 10-1002
Burke County
CTB/Lake James/ l l-(23)/WS V, B
Dear Mr. and Mrs. Leich:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
Associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 240 linear feet of open waters for the
purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorthCarohna;Vahtrally
An Equal Opportunity 1 Affirmative Action Employer

Robert Leich
January 14,2011
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters below normal 0.03 (acres) Application#7
pool level
Waters above normal 0.04 (acres) Application#8.a.
pool level
Buffers 2658 (square ft.) Plan Revision 1-6-11
Additional Conditions
1. Buffer Replanting and Monitoring
Vegetation within disturbed areas of the shoreline associated with the shoreline stabilization shall be
replanted as submitted in plan revision dated January 6, 2011. Trees shall be at least 3"diameter at breast
height(DBH). Plantings shall be sufficient to yield 320 trees per acre at maturity and 1200 shrubs per acre
at maturity. Monitoring of the plantings shall take place for at least a year to determine if planting obtained
the required density.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS11sw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office Bennick Enterprises-Carissa Parker
Duke Energy-Wade Harmon 7836 HWY 70E
Burke County Planning-Pete Minter Nebo,NC 28761
401 Permitting Unit—Central Office
File Copy
S:\SWP\Burke\401s\Non-DOT\Robert Leich-Lk James\Leich.Approval.Jan2011.doc

w�gA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 14, 2011
Andrew and Lori Richman
145 Lake Point Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Richman Seawall
DWQ Project# 10-1061
Transylvania County
SAV02/Toxaway River (Lake Toxaway) /4-(1)/Class B, Tr
Dear Mr. and Mrs. Richman:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
joat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout Buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Seawall—natural rock 0.02 (acres) Application, 01
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
NOTt1lCarollna
Internet:www.ncwaterquality.org
�aturallr�
An Equal Opportunity 1 Affirmative Action Employer

Richman Seawall
01/14/2011
Page 2 of 2
Additional Conditions
a A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-.
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
A
Y
Coleen H. Sullins, Director
CHS1khb
Enc: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Richman.Toxaway\Richman.Appvl.01-14-11.doc

A=4*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7009 1680 0000 7515 2281
Mr. Doyle Freeman, Director of Utilities
Henderson County Utilities
100 N. King Street
Suite 210
Hendersonvlle,North Carolina 28792-5053
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086070
Henderson County Utilities
Western Justice Academy WWTP
Case No. LV-2011-0018
Henderson County
Dear Mr. Freeman:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$367.00
($300.00 civil penalty+$67.00 enforcement costs) against Henderson County Utilities.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Henderson County Utilities for the month of August 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086070. The violations which occurred in
August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson County Utilities violated
the terms, conditions or requirements of NPDES Permit NCO086070 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Henderson County Utilities:
One
NorthCarohna
�aturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0086070, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD Cone.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0086070, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLL
$300.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$367.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air,quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1 Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty

,essment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions)-provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details

of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the lretition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in.this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Jones Environmental/ORC w/attachments
`S:!Sth.!}:Elenc[ersonl � t�-r ater. iirairrs~t�'eSCern Justice academy 86070U..V-2019-0018.d0c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0018 County: Henderson
Assessed Party: Henderson Co. Utilities/Western Justice Academy
Permit No.: NC0086070 Amount Assessed: $367.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) . one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HENDERSON COUNTY UTILITIES/ )
WESTERN JUSTICE ACADEMY )
PERMIT NO. NC0086070 ) FILE NO. LV-2011-0018
Having been assessed civil penalties totaling $367.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 14, 2011,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
January 14, 2011
Mr. J.E. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 2877.9
Subject: Inspection
NCSR 1783 Upward Road
DWQ Project 08-1327
TIP No.R-4430
Henderson County
Dear.Mr. Setzer:
On January 6, 2010,I inspected the construction work on Upward Road between US Highway 176 and
Howard Gap Road in Henderson County. Construction work is now taking place all along Upward Road
between Howard Gap Road and US Highway 176.
Rains have resulted in sediment and erosion control structures being impacted and the off-site loss of sediment
in some areas. Please ensure that all sediment and erosion control structures are repaired and maintained and
that any off-site sediment is removed. Seeding and mulching should be performed as needed,to protect
downstream waters.
Please refer to the attached copy of the inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
Upward Road R-44301nspection Letter January 2011
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarol.lna
Internet:www.ncwaterguali!y.org
An Equal Opportunity 1 Affirmative Action Employer naturally

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DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: January 6,2011
County: Henderson Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1327 = NW Permit#: 13, 12, 14 IP#:
Project Name: Upward Road Widening Project R-4430
Location of Project: Upward Road(NCSR 1783)between US Highway 176 and Howard Gap Road
Project Complete: ❑Yes X No If no,estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑Failed E&S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres C
❑Zone 1 Est Acres ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑no Est Linear feet
Estimated linear feet of impact: -�
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: [--]Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Bat Fork Creek and tributaries,tributary to Dunn Creek and tributaries
to King Creek
Basin/Subbasin: French Broad 040302
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/lot`acre ❑1/11d`to 1/3rd acre 0.1 acre "
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 891 linear feet
Additional comments:
Reviewed project with DOT staff.
Recent rains have resulted in sediment and erosion control structures being impacted and the off-site sediment
loss in several locations. Any off-site sediment should be removed.
Remove silt in ditches along Upward Road near Bat Fork Creek.
Place rip rap on slopes at culvert outlet near US 176.
Repair and maintain all erosion control devices and continue with seeding and matting as required to protect
State surface waters.
Upward Road R-4430 Inspection January 2011

-�
N DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14,2011
Mr. J. E. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project 08-1754
TIP No. R-505
Henderson County
Dear Mr. Setzer:
On January 6, 2011, I inspected the construction work on US Highway 25 between Interstate 26 and NC
Highway 225 in Henderson County. Most all of the construction work is taking place at the south end of the
project around the bridge construction and in the median between lanes.
The inspection found that recent rains had impacted the area with sediment loss mainly located in roadway
ditches and embankments. Some sediment and erosion control devices were affected by these rain events.
Please ensure that all sediment and erosion control structures are repaired and maintained and that seeding and
mulching are performed as needed to protect downstream waters. All sediment and erosion control devices
should be checked and maintained prior to closing down construction operations for the season. Please refer to
the attached copy of the inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 25 Inspection Letter January 2011
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] T�TOne 1
Customer Service:1-877-623-6748 1 v ofthCa.COlina
Internet:www.ncwaterouality.org
An Equal Opportunity 1 Affirmative Action Employer Nah(rallp

DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: January 6,2011
County: Henderson 1 Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑Other
DWQ 401 #: 08-1754 NW Permit#: IP
Project Name: U S Highway 25-I-26 Connector R-505
Location of Project: US Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Ouality Concerns(DWO):
Fj Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑Bottomless Culvert ❑Evidence of spills
- ❑Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts (see below)
❑Buffer Restoration ❑ Other
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑Zone 1 Est Acres I ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Laurel Creek,Green River,Bat Fork,King Creek,Freeman Creek,
Lake Summit,Hill Branch,Jones Branch,Mill Creek,Laurel Branch,
Jones Creek
Basin/Subbasin: Broad 030501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-1I ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10t'acre ❑1/l Ith to 1/3`d acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet
Additional comments:
Recent rains resulted in loss of sediment in several areas. Most areas affected were ditch lines and
embankments.
Most all of the construction work is on the south end of the project-at the bridge or associated with pipe work in
the median and north side of US Highway 25.
Repair and maintain all sediment and erosion control devices.
Continue with seeding and matting as required to protect State surface waters.
Ensure that all'sediment and erosion control devices are checked and maintained prior to closing construction
operations for the season.
US Highway'25 Inspection January 2011

A "
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 18, 2011
Mr. W.E. Chaiken, Sec. Treasurer
The Point at Glenville Lake Association, Inc.
P.O. Box 1241
Cashiers,NC 28717
Subject: Request for More Information
401 Water Quality Certification
The Point at Glenville Lake Association, Inc—Shoreline Stabilization
DWQ Project# 10-10 19
Jackson County
Response deadline: February 21, 2011
Dear Mr. Chaiken:
The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project:
1. The Registered Agent for The Point at Glenville Lake Association, Inc. is listed on the Secretary
of State's database as Kimberly R. Coward. Please have Ms. Coward sign the application and
the delegation(to Mr. Bob Martin), or change the Registered Agent to yourself.
2. DWQ concurs with the NC Wildlife Resource Commission's comments regarding stabilization
with vegetation (bioengineered techniques rather than hard structures). You should contact
Jackson County Planning and/or Jackson County Soil and Water, as they may be able to provide
assistance in appropriate bioengineered stabilization techniques. The DWQ will not approve rip-
rap or hard structures until this option is evaluated. Since the area proposed for shoreline
stabilization appears to be an easement area for community use, bioengineered stabilization
would seem to be the most suitable alternative and would likely provide long term stability, as
well shade and nutrients for aquatic life.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�TOne 1
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 l v orthCarolina
Internet:www.ncwaterquality.org
;Vatilllxmy
An Equal Opportunity 1 Affirmative Action Employer

Mr.Chaiken
January 18,2011
Page 2 of 2
3. The proposed area of stabilization in relation to the total property is not clear from the
application. Please provide this information. The project area should be outlined in relation to
the existing wetland area.
Please provide your response in writing to the addresses below by February 21, 2011. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn. A copy of NC Wildlife Resource Commission's comments are
attached for your review.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time) by the DWQ. Please call Ms. Susan A. Wilson at(828)296-4500 or e-mail at
susan.a.wilsongncdenr.gov , if you have any questions.
Sincerely,
Ro g p TrEdwards, Re ional Su ervisor
Surface Water Protection
Asheville Regional Office
cc: Tyler Crumbly-US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Lisa Leatherman, Duke Energy, Lake Services
Ian McMillan-401 Permitting Unit
Robert Shelton, Jackson County Planning
Kayla Hudson, Jackson County Soil and Water
Bob Martin, Bob's Docks, P.O. Box 304, Glenville,NC 28736
ARO File copy
S:\SWP\Jackson\401s\Non-DOT\Glenville Lake Assoc-The Point\AddInfo.The Pointat Lake Glenville.1201 Ldoc` i

4 1f
NCUNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 18, 2011
Mr. Lee Smith, Director of Utilities
City of Hendersonville
P.O .Box 1670
Hendersonville, North Carolina 28793-1670
Subject: NOTICE OF VIOLATION
NOV-2011-DV-0002
Permit No.WQCS00070
City of Hendersonville
Hendersonville Collection System
Henderson County
Dear Mr. Smith:
A review has been conducted of Hendersonville Collection System's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report submitted by the City of Hendersonville. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit WQCS00070
and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 11/30/2010 Sanitary Sewer Overflow Discharge
NOV-2011-DV-0002 3,300 Gallons Without Valid
Permit
Incident# 201003221
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
Please submit in writing to this office within fifteen (15) business days a detailed account of why
the new pumps did not perform at design capacity.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4600.
Sincerely,
Rog'C Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Dennis Frady/ORC
4 'P•.ilc3rtl rsi n`{:'t}ll cticaz System.,'l lenderonville CYNO JV-011-M-0002.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCaro/l/i>n�a
Internet:www.ncwatercivality.org �aturall

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 18, 2011
Mr. Marshall Olson, Environmental and Natural Resource Manager
Alcoa Power Generating, Inc.
293 NC Hwy. 740
Badin,NC 28009
Subject: Request for More Information
401 Water Quality Certification
Yellow Creek Streambank Stabilization at Penstock Crossing
DWQ Project# 10-0374
Graham County
Response deadline: February 18, 2011
Dear Mr. Olson:
he Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project:
1. The DWQ concurs with the NC Wildlife Resources Commission's comments regarding the
amount of stabilization work proposed and its potential impact on Yellow Creek. Please explain
why 100 linear feet of rip-rap streambank stabilization is proposed on the left streambank. While
DWQ understands that rip-rap streambank stabilization may be desired in close proximity to the
penstock foundation piers,please explain why bioengineered stabilization techniques have not
been proposed for the greater portion of the work, if it is necessary? Bioengineered (riparian
buffer) stabilization techniques provide both stabilization and shade for trout and other aquatic
life (Yellow Creek is a Class C- Trout waterbody).
2. Alcoa should contact Gray Hauser, P.E., Division of Land Resources, at(919) 733-4574
regarding potential impacts to the existing Trout buffer for the proposed work. A Trout buffer
waiver may be necessary depending on the length of stream impacted. Please inform DWQ of
the outcome.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www,ncwaterquality.org NoAh Carolln.a
An Equal Opportunity\Affirmative Action Employer AWaally

Mr.Olson
January 18,2011
Page 2 of 2
Please provide your response in writing to the addresses below by February 17, 2011. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time) by the DWQ. Please call Susan A. Wilson 828-296-4500 or e-mail at
susan.a.wilsonnncdenr.gov ,, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Ian McMillan-401 Permitting Unit
ARO File copy
S:\SWP\Graham\401s\Non-DOT\AlcoaPenstock\Addlnfo.Penstock Yellow Creek Alcoa.1 2011.doc

.,A
47
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 18, 2011
Nathan D Benson
Benson Apartments
PO Box 1090
Mountain Home NC 28758
Subject: NOTICE OF VIOLATION
NOV-2011-PC-0001
Compliance Sampling Inspection
Benson Apartments
Permit No. NCO066362
Henderson County
Dear Mr. Benson:
Enclosed please find a copy of the Inspection Report from the inspection conducted 2010-12-10. The
Compliance Sampling Inspection was conducted by Don Price and Keith Haynes of the Asheville Regional
Office. The treatment facility was found to be in violation of Permit NCO066362 for the following:
Inspection Area Compliance Issue
Operations & There was a layer of scum on the chlorine contact basin
Maintenance
De-chlorination tablets were floating on the scum in the contact chamber
Disinfection-Tablet The chamber was covered with a layer of scum. Sample results
indicated inadequate disinfection.
Please refer to the enclosed Inspection Report for any additional observation and comments.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within fifteen (15)working day of receipt of this letter. You should address the causes of the
noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have
any questions, please do not hesitate to contact Keith Haynes at 8281296-4500.
Sincerely, _
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: Central Files
James &James
S:\SWP\Henderson\Wastewater\Minors\Benson Apartments 66362\NOV-2011-PC-0001.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �Rtur�"�
Internet:www.ncwaterguality.org

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 ( 5� 31 N00066362 111 121 10/12/10 117 18I GI 19'SI 20I_j I
1_ J Remarks J
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII M6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -----------------------—Reserved---------------------
67( 69 70 U 71 U 72(N� 73 W 74 751 I I I I I I 180
Section B: Facility Data =—�
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:45 AM 10/12/10 06/01/01
Benson Apartments
161 Brookside Camp Rd Exit Time/Date Permit Expiration Date
Hendersonville NC 28792 10:35 AM 10/12/10 10/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Kenneth Jason Rummel/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Nathan D Benson,PO Box 1090 Mountain Home NC 287581090//828-693-5493/No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance 0 Facility Site Review 0 Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers 1Date
Don Price W ARO WQ//828-296-4500/
Keith Haynes i ARO WQ//828-296-4500/
Signature of Management
/nQ�,JcA Reviewer Agency/Office/Phone and Fax Numbers DaRoger C Edwards AWE ARO WQ//828-296-4500/ tJ �C�
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I NCO066362 I11 12I 10/12/10 I17 18'_I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Sample results are as follows:
BOD-25 mg/I
Fecal Coliform- 330/100 ml
Total Suspended Solids-65 mg/I
Better overall maintenance of the facility is recommended. Also make sure all operators are aware of the
location of the outfall.
Page# 2
-....____.-.

Permit: NCO066362 Owner-Facility: Benson Apartments
Inspection Date: 12/10/2010 Inspection Type: Compliance Sampling
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ N ❑ ❑
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge ❑ ❑ ❑ ■
Judge,and other that are applicable?
Comment: There was a layer of scum on the chlorine contact basin
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ❑
Is the facility as described in the permit? 11 ❑ Q
#Are there any special conditions for the permit? ❑ Q 0 ❑
Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Diffused
Type of aeration system
Is the basin free of dead spots? ❑ Q ❑
Are surface aerators and mixers operational? ❑ ❑ 0 ❑
Are the diffusers operational? 0 ❑ ❑ ❑
Is the foam the proper color for the treatment process? ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ❑ ❑ ❑
Is the DO level acceptable? ❑ ❑ ❑ 0
Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ N ❑
Are weirs level? 0 ❑ ❑ Cl
Is the site free of weir blockage? Q ❑ ❑
Is the site free of evidence of short-circuiting? ❑ ❑ ❑
Is scum removal adequate? ❑ ❑ 0
Is the site free of excessive floating sludge? ❑ ❑ ❑
Page# 3

Permit: NCO066362 Owner-Facility: Benson Apartments
Inspection Date: 12/10/2010 Inspection Type: Compliance Sampling
Secondary Clarifier Yes No NA NE
Is the drive unit operational? ❑ ❑ ■ 0
Is the return rate acceptable(low turbulence)? ■ 0 0 ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ 0
Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ❑ ❑ ❑ ■
Comment: Scum behind the scum baffle should be routinely removed.
Pump Station-Effluent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ❑ ❑ I_'I ■
Are all pumps present? M ❑ ❑ ❑
Are all pumps operable? ■ ❑ ❑ ❑
Are float controls operable? ■ ❑ ❑ ❑
Is SCADA telemetry available and operational? ❑ 0 ■ ❑
Is audible and visual alarm available and operational? ❑ 0 ❑
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ❑ ■ ❑ 0
Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ ■
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment: The outfall was not located. The ORC was not on site, but a representative
from the contract company didn't know where the outfall is located.
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ❑ ■
Is storage appropriate for cylinders? ❑ ❑ ❑ ■
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? ❑ ■ ❑ ❑
Are tablet de-chlorinators operational? ❑ ■ ❑ 0
Number of tubes in use? 1
Comment: tablets were floating on the scum in the contact chamber
Disinfection-Tablet Yes No NA NE
Page# 4

Permit: NC0066362 Owner-Facility: Benson Apartments
Inspection Date: 12/10/2010 Inspection Type: Compliance Sampling
Yes No NA NE
Disinfection-Tablet
Are tablet chlorinators operational? 0 ❑ Q ❑
Are the tablets the proper size and type? 0 ❑ ❑ 0
2
Number of tubes in use?
Is the level of chlorine residual acceptable? 0 0 0 0
Is the contact chamber free of growth,or sludge buildup? 0 0 ❑ ❑
Is there chlorine residual prior to de-chlorination? Q 0 O
Comment: The chamber was covered with a layer of scum. Sample results indicated
inadequate disinfection.
Page# 5

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 19, 2011
Mr. Jason Conner
Grove Stone and Sand
P.O. Box 425
Swannanoa,NC 28778
SUBJECT: NOTICE OF VIOLATION
B V Hedrick Sand & Gravel Co. - Green River Quarry
NPDES Permit No. NCG020133
NOV-2011-PC-0026
Stream Standard Violation- Other Waste (In-stream sediment)
Henderson County
Response deadline: February 9,2011
Dear Mr. Conner:
On January 5, 2011, Susan A. Wilson and Chuck Cranford, from the Asheville Regional Office of
the Division of Water Quality (DWQ), conducted a site inspection for B V Hedrick Sand& Gravel
Co. - Green River Quarry in Henderson County.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary to UT#3 at Kings Mountain Camp were documented.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f-Approximately 1000 feet of an unnamed tributary to UT#3 at Kings Mountain
Camp, a Class C-Trout water body, was impacted by sediment deposition measured to be at
least 3 - 6 inches in depth throughout the stream reach, representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina
Phone: [phone] FAX: [phone] Customer Service:1-877-623 6748
Internet:: www.ncwaterquality.or.org
An Equal Opportunity 1 Affirmative Action Employer

Mr,Conner
January 19,2011
Page 2 of 3
REQUIRED RESPONSE
The DWQ requests that you respond by February 9, 2011. Your response should be sent to the
attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC
28778 and should address the following items:
1. Stream Standard-Other Waste (In-Stream Sediment)
a. Please provide a map of the project area. The map must include all streams and
wetlands, detailing impacts both on- and off-site.
b. Please submit a Sediment Removal Plan(Plan)to this office for review and
approval. The Plan must address removal of accumulated sediment from all surface
waters. You must secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan, and obtaining any necessary
approvals. It is recommended that your consultant contact Ms. Wilson of the
Asheville Regional Office for additional guidance during Plan development. The
Plan should include:
• A narrative explaining how sediment will be removed; including,techniques,
equipment, manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Ms. Wilson.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation.

i
Should you have any questions regarding these matters,please contact Ms. Susan A. Wilson at
[phone] or [e-mail] .
Sincerely,
®car
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: Inspection Report
Sediment Removal Plan Guidance
cc: Ms. Katie Merritt—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Ms. Shawna Riddle, Division of Land Resources
Henderson County Planning
S:\SWP\Henderson\Stormwater\NCG02 MiningWedrick\NOV-2011-PC-0026.Hedrick.I 2011.doc

Compliance Inspection Report
Permit: NCG020133 Effective: 01/01/10 Expiration: 12/31/14 Owner: Cumberland Gravel&Sand Co
SOC: Effective: Expiration: Facility: 6 V Hedrick-Green River Quarry
County: Henderson 3675 Spartanburg Hwy
Region: Asheville
Flat Rock NC 287317737
Contact Person: Jeffrey C Lamm Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/05/2011 Entry Time: 09:15 AM Exit Time: 10:38 AM
Primary Inspector: Susan A Wilson Phone:8z8-294-4500
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type:Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG020133 Owner-Facility:Cumberland Gravel&Sand Co
Inspection Date:01/05/2011 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
Inspection Summary:
Susan Wilson and Chuck Cranford performed a site inspection at the B V Hedrick-Green River Quarry on January 5,
2011. The site inspection was performed due to the reported loss of sediment from a basin on-site(after a significant
rainfall event in Henderson County in early December 2010). Jason Conner of Hedrick reported the incident to Land
Quality and Land Quality(Shawna Riddle)alerted DWQ of the incident(in December).
Sediment was noted in the tributary downstream of the basin. Approximately 1000 LF of an unnamed tributary to UT#3 at
Kings Mountain Camp, a Class C-Trout water body,was impacted by sediment(in pockets throughout the stream reach of
at least 3-6 inches).
Sediment likely reached UT#3 at Kings Mountain Camp(mainstem)-but both upstream and downstream of the UT was
impacted by sediment, so Hedrick could not be determined to be the responsible party. Also,the access road running
near the UT#3 at Kings Mountain Camp(mainstem below unnamed tributary)showed signs of runoff and erosion to the
river-but due to the high velocity in the stream near this area-sediment impacts could not be determined.
Although B V Hedrick did notify Land Quality of the incident, DWQ must also be notified within 24 hours(per Part IV,
Section E.8. of NCG020000).
Page: 2

A
a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 19, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2298
Ross Adickman
3800 S Ocean Dr Ste 218
Hollywood, FL 33019
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Hawk's Landing
Project# 99-0409
NOV-2011-PC-0043
401 Water Quality Certification(WQC) Conditions
Buncombe County
Response deadline: February 7, 2011
Dear Mr. Adickman:
The Division has received information that the compensatory mitigation required as part of the
conditions included in the subject 401 Water Quality Certification has not been paid. Lack of
payment is considered a violation of the conditions of the approved 401.
VIOLATIONS
I. 401 Water Quality Certification Condition Violation
The 401 WQC, 99-0409 was issued in accordance with Title 15A North Carolina
Administrative Code 2H .0500. By failing to submit payment to the NCEEP for
compensatory mitigation for the project impacts, you have violated additional condition 2
of the Certification.
Mitigation Type Amount Required
Stream 300 Linear Feet
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE .e
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NdfffiCarollna.
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer �aturabb//'ff

Ross Adickman
January 19,2011
Page 2 of 3
REQUIRED RESPONSE
This Office requests that you respond in writing within by February 7,2011. Your response
should be sent to the attention of Mr. Chuck Cranford,Division of Water Quality, 2090 US HWY
70, Swannanoa,NC 28778. Your response should address the following items:
I. 401 WQ Certification
1. Response to DWO—Resional Office
a. Explain why the required compensatory mitigation payment has not been accomplished.
b. Provide assurance that you have communicated with NCEEP.
c. Provide a date by which full payment is anticipated to be completed to NCEEP.
2. Response to NCEEP
a. Upon receipt of this Notice,you are required to contact Kelly Williams of NCEEP(Phone:
919-716-1921;Email: [e-mail])to request a new invoice, as the
previous invoice has expired.
b. Once you receive the updated invoice from NCEEP,you are required to submit payment
in full to NCEEP for the compensatory mitigation prior to the expiration date on the
invoice.
3. Response to DWO—Central Office
a. Provide a copy of the new invoice to DWQ by February 7,2011. Please submit
this to the NPS Assistance and Compliance Oversight Unit, attention Katie Merritt,
1617 Mail Service Center,Raleigh,NC 27699-1617 or call 919-807-6371 for an
alternative way to send this response.
b. Within ninety (90) calendar days from the invoice date, you must send verification
of your mitigation payment to DWQ. Please submit verification to the NPS
Assistance and Compliance Oversight Unit, attention Katie Merritt, 1617 Mail
Service Center, Raleigh,NC 27699-1617 or call 919-807-6371 for an alternative
way to send this response.

.nan
A,2011
of 3
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-
4664.
Sincerely,
U
Roger C. Edwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Katie Merritt- DWQ NPS Assistance & Compliance Oversight Unit
Kelly Williams-NCEEP In-Lieu Fee Program Coordinator
Ian McMillan—401 Permitting Unit—File Copy
ARO File Copy
S:\SWP\Buncombe\401s\Non-DOT\HawksLanding\NOV-2011-PC-0043.01-18-1 Ldoc

4
NCDERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 19, 2011
Mr. Chuck Summey
Town of Forest City
P.O. Box 728
Forest City, North Carolina 28043-0728
Subject: NOTICE OF VIOLATION
NOV-201 1-DV-0003
Permit No.WQCS00050
Town of Forest City
Forest City Collection System
Rutherford County
Dear Mr. Summey:
A review has been conducted of Forest City Collection System's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report submitted by the Town of Forest City. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 11/30/2010 to Sanitary Sewer Overflow Discharge
NOV-2011-DV-0003 12/01/2010 70,000 Gallons Without Valid
Permit
Incident# 201003239
Please submit in writing within fifteen (15)days of receipt of this letter(1)documentation of the
rainfall event described in your 5-Day Report and (2)additional information from the report by
McGill&Associates concerning the study on I& I they did for the Town of Forest City.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
d.
Zr C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Bob Daniels/Town of Forest City
S:\SWP\Rutherford\Coliection Systems\Forest City Collection SysternMV-201 1-DV-0003.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE �J/ One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 / NOI C�1CaIOhria
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 orthCarolin
Internet:www.ncwaterguality.org Naturally

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 19, 2011
Mr. Chuck Summey
Town of Forest City
P.O. Box 728
Forest City, North Carolina 28043-0728
Subject: NOTICE OF VIOLATION
NOV-2011-DV-0004
Permit No.WQCS00050
Town of Forest City
Forest City Collection System
Rutherford County
Dear Mr. Summey:
A review has been conducted of Forest City Collection System's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report submitted by the Town of Forest City. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 11/30/2010 to Sanitary Sewer Overflow Discharge
NOV-2011-DV-0004 12/01/2010 23,000 Gallons Without Valid
Permit
Incident# 201100099
Please submit in writing within fifteen (15) da days of receipt of this letter documentation of the
rainfall event described in your 5-Day Report.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Revo 46r,-C
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Bob Daniels/Town of Forest City
S:\SWP\Rutherford\Collection Systems\Forest City Collection System\NOV-2011-DV-0004.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NofffiCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 //
Internet:www.ncwatercivality.org V,

�.\
`�
I
_i

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 19, 2011
Mr. Chuck Summey
Town of Forest City
P.O. Box 728
Forest City, North Carolina 28043-0728
Subject: NOTICE OF VIOLATION
NOV-201 1-DV-0005
Permit No. WQCS00050
Town of Forest City
Forest City Collection System
Rutherford County
Dear Mr. Summey:
A review has been conducted of Forest City Collection System's self reported Sanitary Sewer
Overflows (SSO's)5-Day Report submitted by the Town of Forest City. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 12/27/2010 Sanitary Sewer Overflow Discharge
- NOV-2011-DV-0005 641 Gallons Without Valid
Permit
Incident# 201100077
Please submit in writing within fifteen 05 days of receipt of this letter additional detail and
documentation for the Town of Forest City's FOG(Fats, Oils&Grease) program.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
{Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
Bob Daniels/Town of Forest City
S:\SWP\Rutherford\Collection Systems\Forest City Collection System\NOV-2011-DV-0005.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NOlC11CaIO/ll/ria
Internet:www.newaterguali�.org byr+ �atumlly

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h
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 20, 2011
Mr. Garland Norton, Mayor
Town of Old Fort
P.O. Box 520
Old Fort, North Carolina 28762-0520
Subject: NOTICE OF VIOLATION
NOV-201 1-DV-0006
Permit No. NCO021229
Town of Old Fort
Old Fort WWTP
McDowell County
Dear Mr. Norton:
A review has been conducted of the Town of Old Fort WWTP's self reported By-Pass 5-Day
Report submitted by the Town of Old Fort. This review has shown the subject facility to be in violation of
the requirements found in WWTP permit NCO021229 and/or G.S. 143-215.1(a)(1). The violation that
occurred is summarized below.
Area Violation Date Description Violation Type
WWTP Bar screen 12/01/2010 By-Pass of WWTP Discharge
NOV-2011-DV-0006 4,500 Gallons Without Valid
Permit
Incident# 201100121
Please submit in writing within fifteen (15)days of receipt of this letter a detailed description of
the events surrounding the bypass at the WWTP bar screen.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Roger C. Edwards,tupnesrvis4or
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
Anthony West/ORC
4 1Sdti E'!1tc6.)aas° it\l3.�ciersaiter\�'Szewit9}r:at1(?id Fort N4NV'I'P 21229\`tit V-2011-DV-€006-►3y°pass.dor
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NoiUiCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 aa�u�,R�/�
Internet:www.ncwaterouality.org 6— Naturally

A4J'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 20, 2011
Mr. J. Robert Boyette , City Manager
City of Marion
,P.O. Drawer 700
Marion, N.C. 28752
Subject: Compliance Sampling Inspection
City of Marion, Corpening Creek
Wastewater Treatment Plant
NPDES Permit No. NCO031879
McDowell County
Dear Mr. Boyette:
I conducted a Compliance Sampling Inspection of the Corpening Creek WWTP that serves the City
of Marion on December 8, 2010. The assistance and cooperation of Mr. Larry Carver, ORC
Marion WWTP, and his staff, was greatly appreciated. Based on records reviewed, on-site
discussions with Larry Carver, and results of samples collected, the City of Marion's Corpening
Creek WWTP was determined to be in compliance with permit NCO031879. A report is attached for
your records and findings are summarized.
Site/System Review
The current Corpening Creek WWTP consists of a 'Complete-Mix' Extended Aeration Activated
Sludge system with continuous discharge. During the Inspection the discharge observed into the
receiving stream from the facility revealed a clear effluent with no observation of floating solids or
scum, and no noticeable odors. Results of samples collected during the inspection are summarized
on the attached report.
Suggestions/Recommendations
The only suggestions offered are to `continue' to operate in the same condition that was observed
at the time of the Compliance Sampling Inspection. From all observations made at the time of this
inspection, the upgrades and retrofits implemented by the City of Marion are making a great impact
towards protecting the receiving stream, and preventing any negative impact from the discharge.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090'U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877.623-6748 NorthCarol.in.a
Internet:www.ncwaterqual!V.org 10- Aaturallf
An Equal Opportunity 1 Affirmative Action Employer

City of Marion,Corpening Creek WWTP
Permit#NC0031879
CSI,Page 2 of 2
If there are questions or additional information is needed regarding system operation,
maintenance, or a NPDES System permit question, please let me know. Thank you for the
opportunity to conduct this Compliance Sampling Inspection.
Sincerely,
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
Chris Hollifield, Public Works Director—City of Marion
Larry Carver, ORC-Marion Corpening Creek WWTP
S:\SWP\McDowell\Wastewater\Municipal\Corpening Creek WWTP 31879\Coroenina Creek WWTP CSI Itr 12 08 2010 doc

United States Environmental Protection Agency Form Approved.
EPA
n Washington,D.C.20460 OMB No.2040-0057
C /'1 Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 2 Isl 31 NCO031879 I11 12' 10/12/08 17 181cl 19u 201
LJ lJ Remarks LJ U J
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Jill 1II6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------—----------Reserved----------------------
67( 169 70I 3' 71 Lj 72 L N I 73�74 751 I I ( I I I 180
Section B: Facility Data '--
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Corpening Creek WWTP 09:30 AM 10/12/08 07/01/01
NC Hwy 226 s Exit Time/Date Permit Expiration Date
Marion NC 28752 11:00 AM 10/12/08 10/01/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Larry Dean Carver/ORC/828-652-8843/
Name,Address of Responsible Official/Title/Phone and Fax Number
Larry Carver,PO Box 700 Marion NC 28752//828-652-8843/8286591943 Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 Records/Reports Self-Monitoring Program 0 Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s Agency/Office/Phone and Fax Numbers Date
Don Price Pff ARO WQ//828-296-4500/ 14L0�t P
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards qW ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NC0031879 I11 12I 10/12/08 ( 17 18'-'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
A CSI (Compliance Sampling Inspection)was conducted at the City of Marion's Corpening Creek WWTP on
December 8, 2010. Influent and Effluent'composite samples'were collected by City of Marion staff and
'split'with Division of Water Quality staff. Results of samples split are as follows:
Influent- BOD = 343 mg/L; TSS = 370 mg/L
Effluent- BOD= 2.6 mg/L; TSS = 9.8 mg/L, Fecal Coliform results = 17 colonies/100 ml
On-site Effluent samples were collected for pH, Dissolved Oxygen, and Temperature, results are as follows:
pH =6.9 su, DO= 8.61 mg/L, and Temperature = 9.4 degrees Centrigrade.
Based upon review of permit conditions for BOD and TSS % removal, the Corpening Creek WWTP has a
99.2% BOD removal, and a 97.3%TSS removal. NPDES Permit NCO031879 requires minimum of 85%
removal.
DMR data for the period covering February 2010. through November 2010 indicate compliance with permit
limits, with the exception of May and June of 2010. In May 2010 the Corpening Creek WWTP had effluent
monthly average limit violations for BOD and TSS, and in June 2010 the Corpening Creek WWTP had
effluent monthly average limit violations for TSS. Further review indicates facility has addressed these
violations and corrective actions have been implemented.
i
Page# 2

Permit: NCO031879 Owner-Facility: Corpening Creek WWTP
Inspection Date: 12/08/2010 Inspection Type: Compliance Sampling
Operations&Maintenance. Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ Cl
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Influent Sampling Yes No NA NE
#Is composite sampling flow proportional? ■ ❑ ❑ Q
Is sample collected above side streams? ■ ❑ ❑ ❑
Is proper volume collected? ■ ❑ ❑ ❑
Is the tubing clean? ■ ❑ n ❑
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑
Is sampling performed according to the permit? ■ ❑ ❑ ❑
Comment: Influent Composite sampling is taking place at the'new' headworks area
Marion has recently completed that consists of new bar screen, grit removal , and
variable speed influent pumping system.
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ ❑ ❑ ❑
Is sample collected below all treatment units? ■ ❑ ❑ ❑
Is proper volume collected? ■ ❑ ❑ ❑
Is the tubing clean? ■ ❑ ❑ ❑
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑
Comment: Effluent composite sample collection is being conducted within the terms
and conditions of NPDES permit NC0031879.
Page# 3

'�._�i

MCDOWELL Sample ID: AB66259 a.
Basin CATAWBA PO Number# ARO
port To AROSP Date Received: 12/08/2010
Time Received: 13:30
Collector. D PRICE �y Labworks LoginlD KJIMISON
Region: ARO
Report Generated: 12/20/10
Sample Matrix: WASTEWATER
Loc.Type: EFFLUENT Date Reported: 12/20/2010
Emergency Yes/No Visit1D
CDC Yes/No
Loc.Descr.: CORPENING CREEK WWTP '
Location ID: NCO031879 Collect Date 12108/2010 Collect Time: 09:17 Sample Depth
Result/ Method Analysis
CAS# Analyte Name PQL Units Validated by
Qualifier Reference Date
Others
Sample temperature at receipt by lab M; 2.3 -°C 12/ei1o. . SMATHiS
BOD,.57Day in liquid .2 2.6 mg/L APHA5210B 12/9/10 CGREEN
Coliform,MF Fecal in liquid 1 f. 17 CFU1100ml APHA9222D-20th 12/8/10 CGREEN
Residue Suspended in-liquid 6.2= 9.8 mg/L APHA2540D-20th 12/15/10 CGREEN
Sample Comments
ECAL COLIFORM SAMPLE TAKEN @ 10.30 AM
t,F
fi
- ��+fit''FA;i'�3 rt$?n.i Yb-r•,38 r is .. 1�•
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if
Laboratory Section»162,Mai1$eryice Center,"ieigh,NC 27699-1623 [phone]
Fora.detailed description of the qualifier codes refer to htro:noodaLnrAencorakreti/wo;lab/stalfmfolfechassist#bata Qualifier Codes<hftollportal.nmenr.om7webVg.'Iabi9taHinfoliechassist>
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MCDOWELL t Sample ID: AB66258
Basin CATAWBAk PO Number# ARO
.apoltTo AROSP Date Received: 12/08f2010 .
ak Time Received: 13:30
Collector: D PRICE (3 Labworks LoginlD KJIMISON
Region: ARO .'
Sample Matrix: WASTEWATER - Report Generated: 12/20/10
Date Reported: 12/20/2010
Loc.Type: INFLUENT
Emergency Yes/No VisitlD .
COC Yes/No 12-Zf: M-
Loc.Descr:: CORPENING CREEK WWTP /3�✓
Location ID: NC0031879 Collect Date 12f08f2Q10 Collect Time: 09:14 Sample Depth.
CAS# Analyte Name FQL Result/ Units Method Analysis Validated by
ualifier. Reference Date
Others
Sample temperature at receipt by lab 2.3 °C 12/8/10 SMATHIS
BOD,5-Day in liquid 2 343 _ mg/L APHA5210B 12/9110 CGREEN
Residue—Suspended in liquid 6.2 370 mg/L APHA2540D-20th 12/15/10 CGREEN
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 20, 2011
Mr. J. Robert Boyette , City Manager
City of Marion
P.O. Drawer 700
Marion, N.C. 28752
Subject: Compliance Evaluation Inspection
City of Marion, Water Treatment Plant
NPDES Permit No. NCO055221
McDowell County
Dear Mr. Boyette:
I conducted a Compliance Evaluation Inspection of the NPDES system that serves the City of
Marion's WTP on December 8, 2010. The assistance and cooperation of Mr. Steve Miller, ORC
Marion WTP, and Larry Carver, ORC Marion WWTP, was greatly appreciated. Based on records
reviewed, on-site discussions with Steve Miller and Larry Carver, the City of Marion's WTP NPDES
system was determined to be in compliance with permit NC0055221. A report is attached for your
records and findings are summarized.
Site/System Review
The current WTP NPDES System consists of 2 `Alum Sludge' lagoons operated in series with a
batch discharge. During the Inspection 'no-discharge' was observed into the receiving stream
designated as 'Nicks Creek' in the Catawba River Basin.
Suggestions/Recommendations
The current `Alum Sludge' accumulation in the lagoon system should be evaluated for removal.
On-site indications revealed the amount of 'Alum Sludge' is getting to the point that the volume
should be reduced. Please review the level of `Alum Sludge' accumulation and inform the Asheville
Regional Office when results are compiled, and the final removal/disposal option the City takes
regarding this issue.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarofina
Internet:www.ncwaterquality.orgill6 Nd lt i 4allY
An Equal Opportunity 1 Affirmative Action Employer

City of Marion,WTP Discharge
Permit#NC0055221
CEI,Page 2 of 2
If there are questions or additional information is needed regarding system operation,
maintenance, or a NPDES System permit question, please let me know. Thank you for the
opportunity to conduct this Compliance Evaluation Inspection.
Sincerely,
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
Chris Hollifield, Public Works Director—City of Marion
Steve Miller, ORC-Marion WTP
S:\SWP\McDowell\Wastewater\Municipal\Marion Water Plant 55221\55221 CEI 12 08 2010 doc

United States Environmental Protection Agency Form Approved.
E n^ Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 U 3I NCO055221 I11 12I 10/12/08 ' 17 18'cI 191cl 201
t- U Remarks J IJ LJ
21IIIIIIIIII11II11111IIIIIIIIIIIIIILII Jill IIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------—---—-------Reserved---—----------------
67 1
69 70 71 I I 72 I N I 73 LJJ 74 751 I I I I I I 180
L----�� li Section B: Facility 1 Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:00 AM 10/12/08 10/02/01
Marion WTP
Greenlee Rd NCSR 1214 Exit Time/Date Permit Expiration Date
Marion NC 28752 01:06 PM 10/12/08 14/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Steven W Miller/ORC/828-652-2428/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
A Everette Clark,PO Drawer 700 Marion NC 28752//828-652-3551/82865219403
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Records/Reports Self-Monitoring Program N Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector( Agency/Office/Phone and Fax Numbers Date
Don Price W ARO WQ//828-296-4500/ l I)q lt/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers ZD oRoger C Edwards ARO WQ//828-296-4500/ O �
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont. 1
3� NC0055221 I11 121
10/12/08 I17 18,_'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
A Compliance Evaluation Inspection (CEI)was conducted of the system serving the Marion Water
Treatment Plant discharge, NPDES permit NC0055221, on December 8, 2010. At the time of the inspection
no discharge was observed into the receiving stream from the facility.
Review of on-site data and records indicated that the facility is being operated in compliance with terms and
conditions of its NPDES permit. A review of DMR data submitted to the BIMS (Basinwide information
Management System) database for the time period covering February 2010 through November 2010 did not
reveal any violations or instances of non-compliance.
The time and assistance of Steve Miller, WTP ORC, and Larry Carver, WWTP ORC is.appreciated. Should
you have questions regarding this inspection or need NPDES program information, please contact Don
Price at [phone].
Page# 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 21, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2304
Mr. Carson Fisher
Burke County General Services
P.O. Box 1486
Morganton, North Carolina 28680-1486
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2011-DV-0022
Permit No. WQCS00324
Burke County General Services
Burke County Collection System
Burke County
Dear Mr. Fisher:
A review has been conducted of Burke County Collection System's self reported
Sanitary Sewer-Overflow(SSO) 5-Day Report submitted by Burke County. This review has
shown the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00324 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 12/01/2010 Sanitary Sewer Discharge Without
NOV-2011-DV-0022 Overflow Valid Permit
Incident# 201100078 7,000-8,000 Gallons
Remedial actions should be taken to correct this problem. The Division of Water
Quality is considering pursuing enforcement action for this violation.
Please respond in writing within fifteen 05) days of receipt of this letter with a
detailed explanation of what steps were taken in preparation for the storm event.
Please be reminded that 24-hour notification must be made directly to a person,
not to voice mail.
NorthCarolina
Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 N�//�
Internet: www.ncwaterquality.org ��/a'��tai l
An Equal Opportunity\Affirmative Action Employer

Mr. Carson Fisher
January 21, 2011
Page 2
There was no copy of the published Press Release included in the 5-Day Report.
Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 gallons or more of
untreated wastewater to surface waters shall issue a press release within 48-hours of first
knowledge to all print and electronic news media providing general coverage in the county
where the discharge occurred.
You should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations. If you have any question regarding this policy please
contact your Asheville Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
d
Roger C. Edwards, Supervisor
Surface Water Protection Section
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
SASWP\Burke\Collection SystemsTurke County Collection Systern\NOV-2011-DV-0022-NOI.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 21, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2311
Mr. Joseph M. Moore, ll, City Manager
City of Brevard
95 W. Main Street
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT TO ENFORCE
NOV-2011-DV-0016
Permit No. WQCS00084
City of Brevard
Brevard Collection System
Transylvania County
Dear Mr. Moore:
A review has been conducted of Brevard Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report submitted by the City of Brevard. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00084 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 11/30/2010 Sanitary Sewer Overflow Discharge Without
NOV-2011-DV-0016 To 389,724 Gallons Valid Permit
Incident# 201100081 12/01/2010
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
Please respond in writing within fifteen (15)days of receipt of this letter with a detailed
explanation of what steps were taken to contain and prevent the spill. Also include a copy of the
actual published notice.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you have any question regarding this policy please contact your Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely, .
Roge C. Edwards, Supervisor
Surface Water Protection Section
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
SASWi'1Transylvania\Collection Systems\Brevarcl Collection Syster"n1NC}V-2011-L?V-0016-NC(.doc
One t,
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org aturally
An Equal Opportunity 1 Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 24, 2011
Mr. Lew Bleiweis, A.A.E.
Asheville Regional Airport Authority
61 Terminal Drive, Suite 1
Fletcher,NC 28732
SUBJECT: NPDES Stormwater Permit Site Inspection
Asheville Regional Airport
Permit No: NCR000734
Buncombe County
Response Required: February 11, 2011
Dear Mr. Bleiweis:
This letter is in follow-up to the NPDES Construction Stormwater Inspection conducted on
November 30, 2010. This letter(and the attached inspection report) is offered to ensure the
Asheville Regional Airport Authority is aware of the issues that the Division of Water Quality
(DWQ) observed, and can take corrective action to ensure there are no problems in the future.
Turbidity samples were not taken at the time of the inspection,but visual observation indicated a
likely exceedance of the water quality standard at the time of inspection. A follow-up site visit
conducted December 9, 2010 did not indicate sediment impacts in the tributary below the breached
basin,which oftentimes is associated with instream turbidity.
Based on these observations, the DWQ requests a response in writing by February 11, 2011 to the
following concerns:
1. Please explain how the breach in the erosion control basin occurred, what corrective
actions were taken at the time, and what actions are being taken to prevent a similar
occurrence in the future. Include in this response how stormwater from the existing area of
the airport(not under construction)will be routed during current and future construction.
2. The DWQ still has concerns regarding the unexplained foaming incident that occurred
October 27, 2010 (especially because the foaming observed at Old Fanning Bridge Road
appeared identical to the foaming observed in the transfer tanks for runoff from the ash
exposed areas). The DWQ did receive Mr. Ernie Morris' summary e-mail. As a follow-up
to that and for the DWQ records,please provide documentation with the response to this
letter, along with any laboratory data. Also include a map or sketch diagram indicating the
exact locations of the sampling that was taken October 29, 2010 (it is not totally clear to
DWQ from the summary in the e-mail).
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One,
Phone:[phone] FAX:[phone] Customer Service;1-877-623-6748 NO1 ffiCarOhna
Internet:www.ncwaterquality.org
ahtrall'An Equal Opportunity 1 Affirmative Action Employer

Mr.Bleiweis
January 24,2011
Page 2 of 2
Enclosed is a copy of the Inspection Report, which contains additional observations and comments
for your reference.
The DWQ would also like to remind the Asheville Regional Airport Authority that the industrial
stormwater permit for the airport(NCG150045)became effective January 15, 2010. The required
Stormwater Pollution Prevention Plan(SWPPP) in Part II, Section A of the permit, must have been
in effect and implemented by January 15, 2011 (all required qualitative and analytical monitoring
should have begun after the effective date). The DWQ will likely be conducting an Industrial
Stormwater Inspection in the coming year at the airport (separate from the construction activities).
Please contact me at(828) 296-4665 or susan.a.wilsongncdenr.gov, if I can be of any further
assistance.
Sincerely,
� a
san A. Wilson
Environmental Engineer
Surface Water Protection
Enclosure
cc: Gene Suprenant, Regional Manager, Charah
P.O. BOX
Fletcher,NC 28732
Mike Darcangelo, P.E., Regional Manager, AVCON
Mallard Creek 111, Suite 145
8604 Cliff Cameron Drive
Charlotte,NC 28269
Ernie Morris, RPR, c/o AVCON
Darlene Kucken, ARO/ALR
Central Files
ARO Files
SASWP\Buncombe\Stormwater\NCGOI Construction\AirportNCR000734\December 2010 Insp and photos\CELIttr.AVL NCR000734.1201 Ldoc

Compliance Inspection Report
Permit: NCGO10000 Effective: 05/01/07 Expiration: Owner: Asheville Regional Airport Authority
SOC: Effective: Expiration: Facility: Asheville Regional Airport
County: Buncombe Hwy 280 And 1-26
Region: Asheville DWQ Tracking No: NCR000734
Asheville NC 28802
Contact Person: Lew Bleiweis Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site.Representative(s):
Related Permits:
Inspection Date: 11/30/2010 Entry Time: 01:26 PM Exit Time: 02:30 PM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type:Compliance Evaluation
Permit Inspection Type: Construction Stormwater
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
M Construction
(See attachment summary)
Page: 1

Permit:NCR000734 Owner-Facility:Asheville Regional Airport Authority
Inspection Date: 11/30/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
Inspection Summary:
Susan Wilson(ARO/SWPS), Brett Laverty(ARO/APS), Darlene Kucken(ARO/DLR) and Starr Silvis(ARO/DLR)met Gene
Suprenant(Charah site supervisor) on-site November 30, 2010.
The area had experienced heavy rains during the early morning hours and it was raining during the site visit. One of the
erosion control basins had breached (was later repaired). The stormwater runoff from the airport(rather than just the
disturbed area)was being diverted away from the active construction area at the time of the site visit(previously,the
stormwater runoff from the existing airport area appeared to be directed to the Sediment and Erosion Control basin).
Based on visual observation-high turbidity levels were noticed in the tributaries running off the property(no samples
were taken during the time of inspection).
During the time of the site visit-due to the turbidity levels, Ms. Wilson could not determine if sediment had migrated
off-site.
A follow-up site visit was conducted 12/3/2010(exterior of the site to observe tributaries)and sediment impacts could not
be fully determined (due to the elevated turbidity levels).
An additional site visit conducted 12/9/2010 indicated that the downstream tributary was running clear and no sediment
impacts were noted.
Page: 2

Permit: NCR000734 Owner-Facility:Asheville Regional Airport Authority
Inspection Date: 11/30/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
DLR or Local Program Inspection Yes No NA NE
#Is this inspection related to a DLR/local program inspection? ■ ❑
#If Yes,what was the DLR /local program inspection date? 11/30/2010
E&SC Plan Yes No NA NE
Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ❑ ❑ ❑ ■
Inspection Report?
Comment:
Erosion Control Measures Yes No NA NE
Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? ❑ ■ ❑ ❑
Comment: Breach in S&EC structure Pond 3, as referred to by Mr. Suprenant(also
known as Basin 4 per DLR notation)
Approved E&SC Plan Yes No NA NE
Is a copy of the approved E&SC plan on site? ❑ 0
Comment:
Rain Gauge
Yes No NA NE
Is a rain gauge present on the site at the time of inspection? ❑ Q 11 N
Comment:
Rain Gauge Records Yes No NA NE
Is rain gauge data measured and recorded? Q Q Q ■
Comment:
Inspection Records Yes No NA NE
Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ❑ ❑ Q ■
Comment:
Other NCG010000 Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the NCG010000 permit? Q ❑ 0 N
Comment:
Other Water Quality Issues Yes No NA NE
Is the site free of any other Water Quality issues as noted during the inspection? ❑ N Q
Comment: Obvious turbidity issues based on visual observation (no samples taken
during the time of the site visit)
Page: 3

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 26, 2011
Charles L. Cissell and Murel Cissell
3323 Loretto Road
Jacksonville,FL 32223
Subject: ___ 401 Water._Quality__Certification -Approval - - - -
Cissell Property—Access Road
DWQ Project# 10-1051
Graham County
LTN04/UT Yellow Creek/2-190-29/C-Tr
Dear Mr. Cissell and Ms. Cissell:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the,subject project listed above.
Approval has been granted to place fill within or otherwise impact 100 feet of streams (4 culverts)for the
purpose of road access at the subject property.This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3821. This Certification allows
you to use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to)Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 100 (feet) Appl. (Part 13.3.) and Plan
Drawings
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality,org NorthCarollna
Nahmallry
An Equal Opportunity 1 Affirmative Action Employer

Mr.Cissell and Ms.Cissell
January 26,2011
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
- at 828-296-4665.
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Ian McMillan,401 Permitting Unit—Central Office
Fish and Wildlife Associates, Inc.
ARO File Copy
S:\SWP\Graham\401s\Non-DOT\Cissell\APRVL.Cissell. 1 2011.doc

A*41 9A
N DE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 26, 2011
Mr. Charles R. Summey, II, Town Manager
Town of Forest City
12 North Powell Street
Post Office Box 728
Forest City, N.C. 28043
Subject: Compliance Evaluation Inspection
Town of Forest City, Water Treatment Plant
NPDES Permit No. NCO074306
Rutherford County
Dear Mr. Summey:
I conducted an 'un-announced' Compliance Evaluation Inspection of the NPDES system that
serves the Town of Forest City's WTP on January 5, 2011. The assistance and cooperation of Mr.
Brad Joyner, ORC Forest City WTP, was greatly appreciated. Based on records reviewed, on-site
discussions with Brad Joyner, the Town of Forest City's WTP NPDES system was determined to
be in compliance with permit NC0074306. A report is attached for your records and findings are
summarized.
Site/System Review
The current WTP NPDES System consists of 2 'Alum Sludge' lagoons operated in series with a
batch discharge being re-cycled back through the WTP. During the Inspection 'no-discharge' was
observed into the receiving stream.
Suggestions/Recommendations
The current lagoon system does not discharge and a 'waiver' of monthly reporting and operator
visitation requirements was granted based on letter in file dated April 17, 2008. It is suggested that
system site visitation be continued, due to the WTP's chemical tank farm containment area being
tied to the Alum Sludge lagoons. This will allow a review to be made regarding system operation
and security integrity. Also, please review the `alternative' of tying the discharge into Forest City's
collection system and eliminating the need for an NPDES permit.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.orgoe Hatttull�/
An Equal Opportunity\Affirmative Action Employer yisL `J

Town of Forest City,WTP Discharge
Permit#NC0074306
CEI,Page 2 of 2
If there are questions or additional information is needed regarding system operation,
maintenance, or a NPDES System permit question, please let me know. Thank you for the
opportunity to conduct this Compliance Evaluation Inspection.
Sincerely,
d
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
Brad Joyner, ORC-Town of Forest City WTP
Bob Daniels, Public Works-Town of Forest City
S:\SWP\Rutherford\Wastewater\Municipal\Forest City Water Plant 74306\Town of Forest City WTP CEI 01 05 2011.doc

United States Environmental Protection Agency
EPA Washington,D.C.20460 Form Approved.
OMB No.2040-0057
Water Compliance Inspection Report- Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 'NJ 2 15I 3' N0O074306 111 121 11/01/05 117 18J rl 19J.e1 20
J +—r Remarks J !
211111 111111111111 1111 11111111 1111 111111111111 1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------—------------Reserved--------------------
67 I 169 70' 3 I 71 I_' 721 N I 73 LU 74 751 I I I I I I 180
Section B: Facillity!Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:30 AM 11/01/05 08/09/01
Forest City WTP
581 Vance St Exit Time/Date Permit Expiration Date
Forest City NC 28043 11:30 AM 11/01/05 13/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Bradley Carson Joyner,PO Box 728 Alexander Mills NC Contacted
280430728//828-248-5215/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Records/Reports N Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector( Agency/Office/Phone and Fax Numbers Date
D,onnl Price ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/ / �� mil(
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont. 1
3� NC0074306 I11 12I 11/01/05 I17 18f_,
ls
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This inspection was conducted as an "Un-announced" Compliance Evaluation Inspection. Review of the
facility indicated it was not discharging at the time of the inspection.Further review of facility file indicated
facility has a 'waiver'of monthly reporting requirements and operator visitation. It is suggested that facility
staff still conduct site visits of the system in order to insure security and safety integrity of the system. The
time and assistance of Brad Joyner, WTP ORC, in conducting the Inspection is greatly appreciated.Should
you have questions or wish to discuss a permit issue, please contact Don Price at(828)296-4500.
Page# 2

Permit: NCO074306 Owner-Facility: Forest City WTP
Inspection Date: 01/05/2011 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ 0 ■ Q
Is the facility as described in the permit? ■ Q D Q
#Are there any special conditions for the permit? ■ Q Q Q
Is access to the plant site restricted to the general public? 0 C1 Q Q
Is the inspector granted access to all areas for inspection? ■ Q 0 O
Comment: NPDES permit for this facility expires July 31,2013. At the time of the
inspection no discharge was observed. Facility is operated as a dual stage Alum Sludge
lagoon,with limited discharge re-cycled through the WTP. System staff do not keep
'visitation log' as required by '15A NCAC 08G .0204 Responsibilities of an Operator in
Responsibile Charge'. This is due to a special condition in the NPDES permit allowing a
waiver of monthly reporting requirements and operator visitation. DMR's can be waived,
but it is suggested that the site"STILL" be visited, and documentation kept, due to
security issues. This is because of on-site discussions with ORC, Brad Joyner, who
indicated the Alum Sludge Lagoons are connected to the chemical tank farm
containment storage, and as such, the security and operational integrity need to be
maintained.
I
Page# 3

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Caleen H.Sullins Dee Freeman
Governor Director Secretary
January 26, 2011
Mr. Charles R. Summey, II, Town Manager
Town of Forest City
12 North Powell Street
Post Office Box 728
Forest City, N.C. 28043
Subject: Compliance Evaluation Inspection
Riverstone Industrial Park
NPDES Permit No. NCO087084
Rutherford County
Dear Mr. Summey:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the WWTP
inspection conducted on January 5, 2011. Don Price of the Asheville Regional Office conducted the
Compliance'Evaluation Inspection. The facility was found to be in Compliance with permit NCO087084
at the time of the inspection.
'No-Discharge' was observed from the facility at the time of the inspection, and it was observed
that there are some issues with housekeeping in and around the chlorination and de-chlorination
system. In order to maintain security of facility and eliminate any potential safety issues, it is suggested
that facility staffing be reviewed so safety and security of the facility are not compromised.
Should you or your staff have any questions, or wish to sit down and discuss the findings and
suggestions in this report, please contact me at [phone].
Sincerely,
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
Jeff Dotson, ORC-Riverstone Industrial Park WWTP
S:\SWP\Rutherford\Wastewater\Minors\Riverstone Industrial Park 87084\Town of Forest City Riverstone WWTP CEI 01 05 2011 doc
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One.
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org* i/N�/��
An Equal Opportunity\Affirmative Action Employer �ato `

/_._..
I
t.

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 LI 2 LI 31 NCO087084 Ill 121
11/01/05 117 . 181r1 191cI 20I I
Remarks L! !=
211111IIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved------------------
67 I 169 70I 3 I 71 I I 72 L N I 73'�—' 174 751 I I I I I Li 80
Section B: Facility Data s— +�
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name_and NPDES permit Number)
08:30 AM 11/01/05 09/08 OI
Riverstone Industrial Park WWTP
US Hwy 221 Exit Time/Date Permit Expiration Date
Forest City NC 28043 09:30 AM 11/01/05 13/07/31
Name(s)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Charles R Summey,PO Box 728 Alexander Mills NC 280430728//828-248-5203/
Section C: Areas Evaluated During Inspection(Check only thoseareas evaluated)
Permit Operations&Maintenance Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Don Price ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers �te
✓
Roger C Edwards-0`''�,, ARO WQ//628-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NCO087084 I11 12) 11/01/05 I17 18'�,I
Section D: Summary of Finding/Comments(Attach additional)sheets of narrative and checklists as necessary)
Review of the facility indicated it was not discharging at the time of the inspection. Further investigation
indicated vegetation around chlorination and de-chlorination systems needs to be addressed. It is
suggested that the Town review staffing support for system to address housekeeping and maintenance
issues, so that facility security and safety measures are not compromised.The time and assistance of Jeff
Dotson, ORC, in conducting the inspection is appreciated. Should there be questions or you wish to discuss
permit conditions, please contact Don Price at(828)296-4500.
Page# 2

Permit: NCO087084 owner-Facility: River-stone Industrial Park WWTP
Inspection Date: 01/05/2011 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ 0 0 C3
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge ❑ ■ El 0
Judge,and other that are applicable?
Comment: Facility appears to have some housekeeping issues with amount of
vegetation observed in and around system components at the time of the inspection.
There was no discharge observed from the facility at the time of the inspection.
Permit Yes No NA NE
(if the present permit_expires_in_6_months or less). Has the permittee submitted a new application? ❑ 11 M 0
Is the facility as described in the permit? ® n ❑ L
#Are there any special conditions for the permit? 00 Q 0
Is access to the plant site restricted to the general public? ® ❑ n
Is the inspector granted access to all areas for inspection? ® Q ❑ 0
Comment: NPDES permit NCO087084 expires July 31, 2013. Facility has only one
entity discharging to its collection system. Flow is so low that system does not discharge
at this time.
Page# 3

��
���I
�'��

NCDET�R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 26, 2011
E
Mr. Charles R. Summey, II ,Town Manager
Town of Forest City
12 North Powell Street
Post Office Box 728
Forest City, N.C. 28043
SUBJECT: January 5, 2011
Compliance Evaluation Inspection
DRG Harris VVVVTP
Permit No: NCO083275
Rutherford County
Dear Mr. Summey,
Enclosed please find a copy of the Compliance Evaluation Inspection form from the WWTP
inspection conducted on January 5, 2011. Don Price of the Asheville Regional Office conducted the
Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCO083275
at the time of the inspection.
`No-Discharge' was observed from the facility at the time of the inspection, and it was observed
that electric power had been 'dis-connected' for the facility and there are some issues with
housekeeping. In order to maintain security of facility and eliminate any potential safety issues, it is
suggested the electric service be re-connected and facility staffing be reviewed to address any potential
safety issues.
Should you or your staff have any questions, or wish to sit down and discuss the findings and
suggestions in this report, please contact me at [phone].
Sincerely,
Donald R. Price,CET
WWTP Consultant
Enclosure
cc: Jeff Dotson, WWTP Superintendent
Central Files
Asheville Regional Office Files
S:\SWP\Rutherford\Wastewater\Minors\DRG Harris 83275\DRG Harris Forest City 01 05 2011 CEI doc
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S,Hwy.70,Swannanoa,North Carolina 27107 on t
Phone:[phone]\FAX:828-2 e
92-7043\Customer Service:1-877-623-6748 — -- — — -- -- NQ1 C�1011T1a
Internet:www.ncwaterquality.org ra���
An Equal Opportunity 1 Affirmative Action Employer Nlltitll

/�__`
�` l
1
',.�\ �;

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 U 5' 31 NCO083275 111 121 10/01/05 117 18I CI 191 c I 20�
u Remarks L! J
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------—----------—------Reserved---------------------
671 169 70I 31 71 I_1 721 N I 73 L U 74 751 1 1 I I 1 I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Harris Plant WWTP 09:30 AM 10/01/05 06/12/01
NCSR 1111 Exit Time/Date Permit Expiration Date
Rutherfordton NC 28139 10:30 AM 10/01/05 13/07/31
Name(s)of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jerry W Hicks,PO Box 150 Harris NC 28074/Plant Engineer/828-247-2065/No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Records/Reports N Facility Site Review ■Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of inspectors) Agency/Office/Phone and Fax Numbers Date f/
Don Price ARO WQ//828-296-4500/
19 �.-
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/ 67
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NC0083275 I11 12I 10/O1/05 I17 18IC)
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Review of facility indicates it is"INACTIVE"and not in operation, and 'no discharge'was observed at the
time of the inspection. System is operated by Town of Forest City and their staff, who wish to keep the
permit active, so as to make it attractive to potential Industrial Clients.System has had 'electric power
disconnected' and housekeeping in and around facility grounds has not been maintained.
It is suggested the Town review staffing issues for this system and contact Electrical Power supplier to
're-connect'service so lighting in and around facility and security of facility can be maintained. The time and
assistance of Jeff Dotson, ORC, in conducting the inspection is appreciated.Should there be questions or
you wish to discuss permit, please contact Don Price at [phone].
Page# 2

Permit: NCO083275 Owner-Facility: Harris Plant WWTP
Inspection Date: 01/05/2010 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ■ f_l ['I ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: Facility has applied for renewal of NPDES permit. Correspondence for
Permit renewal is dated for'February 12, 2008', but facility has not received notification
of receipt of correspondence. Permit file in RO has information waiving submittal of
DMR's, based upon the fact the facility is "INACTIVE", but wishes to maintain NPDES
permit.
Page# 3

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H,Sullins Dee Freeman
Governor Director Secretary
January 26,2011
MEMORANDUM
TO: Natalie Lockhart,Bridge Project Planning Engineer,NCDOT
FROM: Michael R. Parker,NCDWQ,Asheville Regional Office it-#1
SUBJECT: Bridge Scoping Review Comments
B-5403 Bridge No. 196,Transylvania County
B-5404 Bridge No. 136,Jackson County
In reply to your letter dated December 30,2010 in which you requested comments for the above
referenced projects,the NCDWQ offers the following:
Project Specific Comments
B-5403 Bridge No. 196 over Crab Creek,Transylvania County
1. Crab Creek is class C-Trout-HQW waters of the State. NCDWQ recommends that the most
protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity
violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in
accordance with the NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in.Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
3. NCDOT may be required to obtain a State Stormwater Permit for this project in accordance with 15A
NCAC 2H.1000. This will depend on the impervious surface of the new bridge.
4. There appears to be a small stream parallel to north side of NCSR 1532. The water flows into Crab
Creek just downstream of the existing bridge. Since there was melting snow from the recent snow
storm it was difficult to make a stream determination at the time of site visit. Further investigation of
this stream/ditch will need to be made at a later date.
B-5404 Bridge No. 136 over Pine Creek,Jackson County
1. Big Pine Creek is class WS-III-Trout @ waters. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
SURFACE WATER PROTECTION SECTION-Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NorthCarolina
Phone:[phone] FAX:[phone] 1�Liytf/Z+R"�/
Customer Service:1-877-623-6748 K �/
Internet:www.ncwaterquality.org
An Equal Opportunity i Affirmative Action Employer

2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
3. The supplemental classification noted by the @ symbol in the stream classification indicates that
these waters are subject to HWQ Standards and in accordance with Title 15A NCAC 0.213 .0224,
NCDOT may be required to obtain a State Stormwater Permit for this project in accordance with 15A
NCAC 21-1.1000. This will depend on the impervious surface of the new bridge. Further discussions
may be required to determine if a State Stormwater Permit is needed for this project.
4. There appears to be two areas of wetlands adjacent to the project area. The first area is located on
each side of Pine Creek on the downstream side of the bridge. The second area is located near the
intersection of NCSR 1145 and NCSR 1163, on the downstream side of NCSR 1163 adjacent to an
unnamed tributary to Pine Creek.
General Comments Regarding Bridge Replacement Projects
1. In accordance with the Environmental Management Commission's Rules {15A NCAC 2H.0506(h)},
mitigation will be required for impacts of greater than 150 linear feet to any single perennial or
intermittent stream. In the event that mitigation is required,the mitigation plan shall be designed to
replace appropriate lost function and values. The NC Ecosystem Enhancement Program may be
available for use as stream mitigation.
2. Future documentation, including the 401 Water Quality Certification Application, shall continue to
include an itemized listing of the proposed wetland and stream impacts with corresponding mapping.
3. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects.
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
4. NCDOT is respectfully reminded that all impacts, including but not limited to,bridging, fill,
excavation and clearing,to jurisdictional wetlands, streams and riparian buffers need to be included in
the final impact calculations. These impacts, in addition to any construction impacts,temporary or
otherwise, also need to be included as part of the 401 Water Quality Certification Application.
5. Where streams must be crossed,the DWQ prefers bridges be used in lieu of culverts. However,we
realize that economic considerations often require the use of culverts. Please be advised that culverts
should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover,
in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When
applicable,NCDOT should not install the bridge bents in the stream,to the maximum extent
practicable.
6. Sediment and erosion control measures should not be placed in wetlands or streams.
7. Borrow/waste areas should avoid wetland to the maximum extent practical. Impacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could
precipitate compensatory mitigation.
8. The 401 Water Quality Certification application will need to specifically address the proposed
methods for stormwater management. More specifically, stormwater shall not be permitted to
discharge directly into streams or surface waters.

9. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water
quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final
permit authorization will require the submittal of a formal application by the NCDOT and written
concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate
avoidance and minimization of wetland and stream impacts to the maximum extent practical,the
development of an acceptable stormwater management plan and the inclusion of appropriate
mitigation plans where appropriate.
10. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is
approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey
Activities.
11. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the stream banks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not
be blocked. Bridge supports(bents)should not be placed in the stream when possible.
12.Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,
vegetated buffers,etc.)before entering the stream. Please refer to the most current version of
NCDWQ's Stormwater Best Management Practices.
13. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
14. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft
construction methods.More specifically,jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first.
15. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured,treated, and disposed of properly.
16. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
17. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary
causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position.Under no
circumstances should barges be dragged along the bottom of the surface water.
18. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags,rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.

20. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment
.shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants,hydraulic fluids, or other toxic materials.
21. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall be
cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized
equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and
minimizes soil disturbance.
22. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning and Design Manual and the most recent version of NCS000250.
23. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with
road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid
wetland impacts,minimize the need for clearing and to avoid destabilizing stream banks. If the
structure will be on a new alignment,the old structure shall be removed and the approach fills removed
from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground
elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall
not be used in riparian areas.
General Comments if Replacing the Bridge with a Culvert
1. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction,please contact NCDWQ for guidance on how to proceed and
to determine whether or not a permit modification will be required.
2. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures shall be properly designed, sized
and installed.

Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a
401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality
standards are met and designated uses are not degraded or lost. If you have any questions or require
additional information,please contact Mike Parker at 828-296-4500.
cc: Lori Beckwith,USACE,Asheville Field Office
Joshua B.Deaton,NCDOT,Division 14 Bridge Manager
Mark Davis,NCDOT,Division 14 Environmental Officer
Marla Chambers,NCWRC
Transportation Permitting Unit
Scoping Comments of B-5403 and B-5404

;J

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27,2011
Jeff Ferguson
Unimin Corporation
P.O.Box 588
Spruce Pine,NC 28777
Dear Mr. Ferguson:
This letter is to inform you of certain permit changes related to stormwater management on the following
facilities:
NC0000175-Unimin Quartz NC0000361-Unimin Schoolhouse Quartz
NC0084620-Unimin Crystal NC0085839-Unimin Red Hill
The wastewater discharge permits associated with the above facilities,currently in the renewal process,
will no longer include stormwater management elements. Stormwater management requirements will be
addressed through NCG020000 Industrial Stormwater permitting.
This permitting modification should provide more efficient permitting, increased stormwater
management awareness and enhance program effectiveness.
Please see to the completion of a Notice of Intent(NOI)for each facility as soon as possible. The NOI
may be found here: http://poi-tal.n.eden.r.org/web/wq/ws/su/npdessw#tab-3. Current site practices and
procedures meeting the existing permit conditions should be continued until the NCG02 Certificates of
Coverage have been delivered.
Thank you for your cooperation in this matter and please contact me with any questions you might have
at 828-296-4664 or Chuck.Cranfordancdenr.goy.
Best regards, ?
Chuck Crand
Environmental Specialist
Asheville Regional Office
cc: Jackie Nowell-NPDES Wastewater Unit
Jennifer Jones-NPDES Stormwater Unit
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swarmanoa,North Carolina 28778 NorthCarohna
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 //
Intemet: www.ncwaterquality.org ;Vatmrallff
An Equal Opportunity 1 Affirmative Action Employer

A!Oil
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2011
Gregory Taveras
Imerys Ceramics
P.O. Box 309
Spruce Pine,NC 28777
Dear Mr. Taveras:
This letter is to inform you of certain permit changes related to stormwater management on the
following facilities:
NC0000353- Spruce Pine Facility
NC0000400-K-T Feldspar Corp - Spruce Pine
The wastewater discharge permits associated with the above facilities, currently in the renewal
process,will no longer include stormwater management elements. Stormwater management
requirements will be addressed through NCG020000 Industrial Stormwater permitting.
Also,NCG020274,the industrial stormwater permit,which covers the Pine Mountain mine as
well as the K-T Feldspar Corp - Spruce Pine facility, will no longer apply to the processing plant.
A separate NCG020000 will provide stormwater discharge coverage at the plant, once in place.
Modifications to your site plans and Stormwater Pollution Prevention Plans will be required to
reflect these changes.
This permitting modification should provide more efficient permitting, increased stormwater
management awareness and enhance program effectiveness.
Please see to the completion of a Notice of Intent(NOI) for each facility as soon as possible. The
NOI may be found here: htta://portal.nedenr.oriz/web/wa/ws/sWnpdessw4tab-3. Current site
practices and procedures meeting the existing permit conditions should be continued until the
NCG020000 Certificates of Coverage have been delivered.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �atura���
Internet: www.ncwaterquality.org L
An Equal Opportunity\Affirmative Action Employer

Gregory Taveras
January 27,2011
Page 2 of 2
Thank you for your cooperation in this matter and please contact me with any questions you
might have at 828-296-4664 or Chuck.Cranfordkncdenr.gov.
Best regards,
Chuck Cranford
Environmental Specialist
Asheville Regional Office
cc: Jackie Nowell-NPDES Wastewater Unit
Jennifer Jones-NPDES Stormwater Unit
l

J
.rrrrrrr� .n�
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
'Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2011
Ronald J. Mueller, Trustee
13525 US Highway 19 North
Clearwater, Florida 33764
Subject: 401 Water Quality Certification -Approval
Mueller Seawall Repair and Rip-Rap Stabilization
DWQ Project# 11-0028
Transylvania County
SAV02/Toxaway River (Lake Toxaway) /4-(1)/Class B, Tr
Dear Mr. Mueller:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
ttached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Numbers
3689. This Certification allows you to use Nationwide Permits 13 when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including(but not limited to)
Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Seawall—Natural Stone 10.01 (acrea) Application- O 1 P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 QriE
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N01�11Cc`tr 011lla
Internet:www.ncwaterquality.org
Na&,Wlty
An Equal Opportunity 1 Affirmative Action Employer

Mueller Seawall Repair and Rip-Rap Stabilization
01/27/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To.ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb ��'`
Eric: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Mueller.Toxaway\Mucller.Appvl.01-27-I l.doc

A4111111
�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2011
Charles G. and Jean C. Barger
3031 NorthEast 43rd Street
Lighthouse Point, Florida 33064
Subject: 401 Water Quality Certification -Approval
Barger Seawall Replacement
DWQ Project# 11-0027
Transylvania County
SAV02/Toxaway River(Lake Toxaway)/4-(1)/ Class B, Tr
Dear Mr. and Mrs. Barger:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
tached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Numbers
3689. This Certification allows you to use Nationwide Permits 13 when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including(but not limited to)
Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Seawall—Natural Stone 0.01 (acrea) Application- O 1 P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 T�7One 1
Internet:www.ncwaterquality.org 1V orthCarofina.
An Equal Opportunity\Affirmative Action Employer
Naura!!f

Barger Seawall Replacement
01/27/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHSIkhb
Enc: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\Barger.Toxaway\Barger.Appvl.01-27-11.doc

Iry
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 27, 2011
Anne B. Zimmerman
410 Winfield Glen Court
Atlanta, Georgia 30342
Subject: 401 Water Quality Certification -Approval
Zimmerman Seawall Repair and Rip-Rap Stabilization
DWQ Project# 11-0029
Transylvania County
SAV02/Toxaway River(Lake Toxaway)/4-(1) /Class B, Tr
Dear Ms. Zimmerman:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
,attached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Numbers
3689. This Certification allows you to use Nationwide Permits 13 when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including(but not limited to)
Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Seawall—Natural Stone 0.01 (acrea) Application- O 1 P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrthCarollna
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer

Zimmerman Seawall Repair and Rip-Rap Stabilization
01/27/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
C9 �Gru.
Coleen H. Sullins,Director
CHS1khb i
Enc: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\SWP\Transylvania\401 s\Non-DOT\Zimmerman.Toxaway\Zimmerman.Appvl.01-27-1 l.doc

nrn..ra���
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 27, 2011
Suzanne M. Kauffmann
1747 Cold Mountain Road
Lake Toxaway,North Carolina 28747
Subject: 401 Water Quality Certification -Approval
Kauffmann Seawall Repair and Rip-Rap Stabilization
DWQ Project# 11-0043
Transylvania County
SAV02/Toxaway River(Lake Toxaway)/4-(1)/Class B, Tr
Dear Ms. Kauffmann:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
ttached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Numbers
3689. This Certification allows you to use Nationwide Permits 13 when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including (but not limited to)
Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Seawall-Natural Stone 0.01 (acrea) Application- 01 P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] l Customer Service:1-877-623-6748 NorthCarollna Internet:www.ncwaterquality.org �R'tul�a���
An Equal Opportunity 1 Affirmative Action Employer �l

Kauffinann Seawall Repair and Rip-Rap Stabilization
01/27/2011
Page 2 of 2
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS1khb
Enc: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\SWP\Transylvania\401 s\Non-DOT\Kauffman.Toxaway\Kauffinann.Appvi.01-27-1 l.doc
i'

A4jjA
.A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 27, 2011
Mr. Johnny Brown, Mayor
Town of Andrews
P.O. Box 1210
Andrews, North Carolina 28901
SUBJECT: Bioassay Compliance Inspection
Andrews WWTP
Permit No: NCO020800
Cherokee County
Dear Mr. Brown :
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
December 7, 2010. Whole effluent samples were collected for use in a chronic
Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a
PASS.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Since:nizew
Jeff
Environmental Specialist
Enclosure
cc: Michael Ladd, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 � NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 a, //
Internet:www.ncwaterouality.org S:\SWP\Cherokee\Wastewater\Municipal\Andrews WWTP 20800\BCI-2010 Split.doc �J Vaturall

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 ' sl 31 NCO020800 111 121 10/12/07 117 181.1 191 SI 201 1
Remarks 1- != LJ
21111111111IIIIIIIIIIIIIIIIIIIIIIIIIIII111 Jill 1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------—----—----------—Reserved-------—------------
671 69 70 U 71 I D 721 NJ73LU 74 75I I I I I 18p
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Andrews WWTP 10:00 AM 10/12/07 07/10/01
Reagan Ave Exit Time/Date Permit Expiration Date
Andrews NC 28901
lo:zo AM 10/12/07 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Michael J. Ladd/ORC/828-479-6428/
Name,Address of Responsible Official/Title/Phone and Fax Number
Michael Ladd,PO Box 1210 Andrews NC 28901/ORC/828-321-3006/ ContactedNo
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Facility Site Review N Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
I fa� /20ff
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (Cont.
.3 NCO020800 I11 12I 10/12/07 I17 18,_)
��
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The aquatic toxicity test using composite samples of effluent discharged from Andrews WWTP has been
completed. Andrews WWTP has an effluent discharge permitted that is 1.5 million gallons per day entering
the Valley River(7Q10 of 15.0 CFS). Whole effluent samples were collected on December 7 and December
10 for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a
PASS. Test information follows.
Test Type 3-Brood Ceriodaphnia dubia chronic pass fail
Test Concentrations 13.0%
Test Result Pass
Control Survival 100%
Control Mean Reproduction 19.8
Test Treatment Survival 100%
Treatment Mean Reproduction 26.3
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on the receiving stream. These samples were split and sent to Environmental Testing Solutions,
Inc. The chronic Ceriopaphnia dubia pass/fail toxicity test run by ETS also resulted in a pass.
Page# 2

RCbENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2011
Carl Horvat
Unimin Corporation
P.O. Box 588
Spruce Pine, North Carolina 28777
SUBJECT: Bioassay Compliance Inspection
Quartz Operation
Permit No: NC0000175
Mitchell County
Dear Mr. Horvat :
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
January 4, 2011. Whole effluent samples were collected for use in a chronic
Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a
PASS.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
SincerefeZI
Jeff a
Environmental Specialist
Enclosure
cc: Stephen Andrew Wilson, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 2877890` NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 a Jg��1,R//�
Internet:www.ncwaterguality.org S:\SWP\Mitchell\Wastewater\Industrial\Unimin Quartz 00175\BCI-2011-Split Test.doc �/V

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 IJ 31 NC0000175 Ill 121 11/01/04 i 17 18iBI 19u 20I I
Remarks I�_ LIJJ
211 I I I I I I I I I I I I I I I I I I I I I I I I I I 1 l l l l I I I I Jill 111_W-I6
lInspection Work Days . Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved----------------------
67I 169 70U3 71 IU 721 NJ 73I ' �74 751 I I I ( I I 180
Section B: Facility Data �u
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)'
08:30 AM 11/01/04 08/03/01
Quartz Operation
NC Hwy 226 N Exit Time/Date Permit Expiration Date
Spruce Pine NC 28777 09:00 AM 11/01/04 11/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Stephen Andrew Wilson/ORC/828-765-4283/
Name,Address of Responsible Officialfritle/Phone and Fax Number
Contacted
Carl Horvat,PO Box 588 Spruce Pine NC 28777//704-765-4283/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of lnspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel r� ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1'
3I NC0000175 I11 12I 11/01/04 '
I17 181_
U \
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The aquatic toxicity test using composite samples of effluent discharged from Unimin Quartz/Feldspar
Facility has been completed. Unimin Quartz/Feldspar Facility has an effluent discharge permitted that is
3.61 million gallons per day entering the North Toe River(7Q10 of 45.0 CFS). Whole effluent samples were
collected on January 4 and January 6 for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test
using these samples resulted in a PASS. Test information follows.
Test Type 3-Brood Ceriodaphnia dubia chronic pass fail
Test Concentrations 11.0%
Test Result Pass
Control Survival 100%
Contril Mean Reproduction 21.8 neonates
Test Treatment Survival 100%
Treatment Mean Reproduction 27.0 neonates
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on the receiving stream. These samples were split and sent to Pace Analytical, in Asheville, NC.
The chronic Ceriopaphnia dubia pass/fail toxicity test run by Pace Analytical also resulted in a pass.
Page# 2

FAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2011
Mr. Mack W. Edmisten, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir, North Carolina 28645-0958
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0030
Permit No. NCO023736
Gunpowder Creek,WWTP
Caldwell County
Dear Mr. Edmisten:
A review of Gunpowder Creek WWTP's monitoring report for August 2010 showed the following.
violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 08/31/2010 2 mg/I 2.13 mg/I Monthly
(as N) - Concentration Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Monte Wall/ ORC
S:1SWP\CaldweUlWastewater\Municipalt(;unpowder Creek 23736MV-2011-LV-0030.doc NorthCarolina
Natura!!rf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www:ncwaterquality.orq FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue �oleen H.Sullins Dee Freeman
Governor Director Secretary
January 27,2011
Madison County
TIP B-4183
DWQ Project 20110060
NCSR 1526 (Crooked Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J.Thorpe,Ph.D.
Environmental Management Director
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,North Carolina, 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below,for the following impacts in Crooked Creek and
`Middle Fork Creek for the purpose of replacing the Bridge No.28 with a 58-foot long double barrel 10-foot by 7-foot
-reinforced concrete box culvert and Bridge No. 29 with a 51-foot long triple barrel 9-foot by 10-foot reinforced concrete
box culvert on NCSR 1526(Crooked Creek Road)in Madison County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Bank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in' Stream Impacts
Stream (linear in Perennial Perennial Perennial Impact Requiring
ft) Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft linear ft (linear ft
Site 1 0 85 50 49 184 50
Site 2 0 0 210 69 279 210
Total 0 85 260 1 118 463 260
Total Permanent Stream Impacts for Project: 345 lin.ft.Total Temporary Stream Impacts for Project: 118 linear ft.
The project should be constructed in accordance with your application dated January 7, 2011 (received January 19, 2011),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Nos. 3689, 3701 and 3688, corresponding
to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33. In addition, you should acquire any
other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control,Non-Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
,SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer Aatu`'s�`L/rY

Dr. Gregory Thorpe,Ph.D.
January 27,2011
Page Two
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s)of Certification:
1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina F
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124 (a)-(e)] in areas
draining to HQW waters. However, due to the size of the project, NCDOT shall not be required to meet 15A
NCAC 4B .0124(a) regarding the maximum amount of uncovered area. Temporary cover (wheat, millet, or
similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days
of ground disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exceptions. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward
from top of stream bank. ;'

agory Thorpe,Ph.D.
wary 27, 2011
age Three
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr),
High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated
buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm
water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly
discouraged.
6. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife
Resources Commission.
7. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations shall be completed and stabilized,and approved on site by DWQ staff, prior to diverting water
into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization
shall be limited to native riparian vegetation,and should include establishment of a vegetated buffer on both sides of
the relocated channel to the maximum extent practical. Also,rip-rap may be allowed if it is necessary to maintain the
physical integrity of the stream,but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be
necessary to relocate stranded fish to the new channel to prevent fish kills.
8. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
9. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
12. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
14. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
15. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
16. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.

Dr. Gregory Thorpe,Ph.D.
January 27,2011
Page Four
18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
19 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
23. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
25. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
26. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other'
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
28. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements,etc.
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
Offsite Stream Mitigation
1. Compensatory mitigation for impacts to 260 linear feet of streams at a replacement ration of 1:1 is required. We
understand that you have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Ecosystem Enhancement Program(EEP), and that the EEP has agreed to implement the mitigation for the
project. EEP has indicated in a letter dated October 27,2010 that they will assume responsibility for satisfying the
Federal Clean Water Act compensatory mitigation requirements for the above-referenced project,in accordance with
the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12,2004.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.

agory Thorpe,Ph.D.
.,ary 27,2011
age Five
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828,296.4500.
Sincerely,
Coleen H. Sullins,Director
Division of Water Quality
cc: Lori Beckwith,USAGE,Asheville Field Office
Roger Bryan,Division 13,DEO
Ed Ingle, Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20110060(Thorpe B-4183 NCSR 1526(Crooked Creek Road)

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2011
Gary Massey
Baldor Electric Company
70 Reems Creek Rd
Weaverville NC 28787
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Baldor Electric Company
Permit No: NCG030070
Buncombe County
Dear Mr. Massey:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
January 25, 2011. The facility was found to be in compliance with permit NCG030070.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828)296-4664 or chuck.cranfordAncdenr. ov and we can discuss an
approach to addressing the benchmark exceedances you have been attempting to remedy. I look
forward to working with you on the matter.
Sincerely,
.t
Chuck Char ford
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
SASWP\l3uncombe\StormwaterWCG03 Metal FabricationTaldor\CEL01.27.11.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NO�'rthCat oliria
Internet:www.ncwaterquality.org t
An Equal Opportunity\Affirmative Action Employer
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Compliance Inspection Report
Permit: NCG030070 Effective: 11/01/07 Expiration: 10/31/12 Owner: Baldor Electric Company
SOC: Effective: Expiration: Facility: Baldor Electric Company
County: Buncombe 70 Reems Creek Rd
Region: Asheville
Weaverville NC 28787
Contact Person: John Reno Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/25/2011 Entry Time: 10:00 AM Exit Time: 11:00 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Metal Fabrication Stormwater Discharge COC
Facility Status: ■Compliant n Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG030070 Owner-Facility: Baldor Electric Company
Inspection Date: 01/25/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Gary Massey and Dan March (Pisgah Environmental). A tour was conducted of the exterior
of the facility, observing the stormwater conveyances and outfalls and site conditions. During the visit,the SPPP manual
was reviewed, operational activities and existing stormwater exposures were discussed.At the time of the inspection the
site was found to be in compliance with the permit. The inspector noted that the facility appeared to maintain good
housekeeping practices and records were found to be in good order.
The permittee is currently in Tier 11 for lead benchmark exceedances. Baldor has made significant efforts to comply with
permit requirements and reduce the lead stormwater exposures.
A review of the outfalls of the facility was conducted and the inspector identified that a reduction in sampling points was
appropriate. Baldor should modify their site plan to reflect the changes discussed during the visit.
Further sampling and analysis should be conducted to better quantify the measurements of lead in the stormwater
discharges. The inspector will assist with the sampling protocol.
Page: 2

Permit: NCG030070 Owner-Facility: Baldor Electric Company
Inspection Date: 0 112 5/2 0 1 1 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ n n n
#Does the Plan include a General Location(USGS)map? ■ n n n
#Does the Plan include a"Narrative Description of Practices"? ■ ❑ n n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n. n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n n
#Has the facility evaluated feasible alternatives to current practices? ■ ❑ n n
#Does the facility provide all necessary secondary containment? ■ ❑ n n
#Does the Plan include a BMP summary? ■ n n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n 11
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n Cl
#Does the facility provide and document Employee Training? ■ ❑ Cl
#Does the Plan include a list of Responsible Party(s)? ■ ❑ n n
#Is the Plan reviewed and updated annually? ■ n n n
#Does the Plan include a Stormwater Facility Inspection Program? ■ n n n
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ n
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ ❑ n n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ n n n
Comment:
Permit and Outfalis Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n
#Were all outfalls observed during the inspection? ■ n n
#If the facility has representative outfall status, is it properly documented by the Division? ■ n n n
#Has the facility evaluated all illicit(non stormwater)discharges? ■ n n n
Comment:
Page: 3

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2011
Mr. Lee H. Clippard, Sr.
City of Saluda
P.O. Box 248
Saluda, North Carolina 28773-0248
Subject: NOTICE OF VIOLATION
NOV-2011-LM-0004
Permit No. NCO028975
Saluda WWTP
Polk County
Dear Mr. Clippard:
A review of Saluda WWTP's monitoring report for September 2010 showed the following violations:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M-FC 09/18/2010 400#/100ml 600#/100ml Weekly Geometric Mean
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the above subject violation, it is not
requested that a response be submitted: however, should you have additional information concerning the violations or
comments which you wish to present, please submit them to the attention of Janet Cantwell.
Parameter Date Measuring Violation
Frequency
DO, Oxygen, Dissolved Week ending 09/11/2010 Weekly Failure to Monitor
DO, Oxygen, Dissolved Week ending 09/18/2010 Weekly Failure to Monitor
DO, Oxygen, Dissolved Week ending 09/25/2010 Weekly Failure to Monitor
If the above Dissolved Oxygen parameter was left off inadvertently,please send an amended DMR within
10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also
a copy to this office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James&James Environmental/ORC
S:\SWP\Poik\WastewaterlMunic!Pa!\Saluda WWTP?r8975\NOV-2011-L.M-0004.doc One
- NorthCarolina
AlIffra!!rm
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2011
Joseph E. Thompson, General Partner
S. K. A. Enterprises, Limited Partnership
Post Office Box 1370
Loxahatchee, Florida 33470
Subject: 401 Water Quality Certification -Approval
SKA Enterprises Dock Replacement
DWQ Project# 10-1073
Transylvania County
SAV02/Toxaway River(Lake Toxaway)/4-(1)/Class B, Tr
Dear Mr. Thompson:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
)oat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Numbers
3821. This Certification allows you to use Nationwide Permits 18 when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including(but not limited to)
Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
--[Amount Approved (Units) Plan Location or Reference
Concrete Pier Footers 0.01 (acres) Application- 01P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.nrwaterqual4.org
An Equal Opportunity 1 Affirmative Action Employer
Naturallrf

SKA Enterprises Dock Replacement
01/28/2011
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHSIkhb
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S:\S WP\Transylvania\401 s\Non-DOT\SKAEnterprises.Toxaway\SKAEnterprises.Appvl.01-28-11.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2011
Ms.Caren B. Anders
Carolina Power and Light Company, DBA Progress Energy Carolinas Inc.
P.O .Box 1981
Raleigh, North Carolina 27602-1981
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0031
Permit No. NC0000396
Asheville Steam Electric Power Plant WWTP
Buncombe County
Dear Ms. Anders:
A review of Asheville Steam Electric Power Plant's monitoring report for August 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Oil & Grease 08/31/2010 15 mg/I 15.4 mg/I Monthly Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the relevant DMR provided an adequate explanation for the subject violation, it is not
requested that a response be submitted: however, should you have additional information concerning the
violations or comments which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Garry Whisnant/ Plant Manager/Asheville Plant
S:\SWP\Buncombe\Wastewater\lndustrial\Progress Energy 00396\NOV-2011-I_V-0031.doc NorthCarolina
Natmrullff
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.org FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2011
Mrs. Leigh W. Young
Buncombe Properties
P.O Box 18133
Asheville, North Carolina 28814
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0022
Permit No. NCO068152
Eden's Glen Mobile Village WWTP
Buncombe County
Dear Mrs. Young:
A review of Eden's Glen Mobile Village WWTP's monitoring report for July 2010 showed the
following violations:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending Twice Weekly Failure to Monitor
07/17/2010
Total Residual Chlorine Week ending Twice Weekly Failure to Monitor
07/24/2010
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Environmental Inc./ORC
S:1SWP1F3uncombe\Wastewater\Minors\Eden Glen MHP 68152MV-2011-MV-0022.cloc None
orthCarolina
Nawrllllilf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatercivality.oro FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28,2011
Doug Burnette
Hubbell Distribution,Inc.
20 Glenn Bridge Road
Arden,NC 28704
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Hubbell Mid-Atlantic Service Center
Permit No: NCGNE0072
Buncombe County
Dear Mr.Burnette:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on January
20, 2011. The facility was found to be in compliance with permit NCGNE0072,except for the presence of
the open-top dumpster we discussed.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and
comments for your reference.
According to the SIC code that describes the primary industrial activity at your facility, a NCG080000
Stormwater Permit would be applicable for NPDES coverage.However,because no vehicle maintenance
occurs on your site,no industrial stormwater permit is required.Please keep in mind that future operational
changes could require obtaining coverage to discharge stormwater.
You can retain a No Exposure Certification at the facility, if you wish,but you must provide a shelter for
the open-top dumpster. However,as stated above, a stormwater permit is not required for your facility at
this time.
Please contact me at(828)296-4664 or chuck.cranford(�.ncdenngov, and let me know how you would like
to proceed.
Sincerely, /7
Chuck Critf6rd {'
Environmental Specialist
Surface Water Protection
Enc.
cc: Central Files
Asheville Files
S:\SWP\Buncombe\Stormwater\3-No Exposures\Hubbell\CEI.01.27.11.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org Naturally
ly
An Equal Opportunity\Affirmative Action Employer

Compliance Inspection Report
Permit: NCGNE0739 Effective: Expiration: Owner: Hubbell Distribution Inc.
SOC: Effective: Expiration: Facility: Hubbell Mid-Atlantic Service Center
County: Buncombe 20 Glenn Bridge Rd
Region: Asheville
Arden NC 28704
Contact Person: Normand J Zint Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/20/2011 Entry Time: 10:00 AM Exit Time: 11:00 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ■Compliant Q Not Compliant
Question Areas:
Miscellaneous Questions
(See attachment summary)
Page: 1

Permit:NCGNE0739 Owner-Facility: Hubbell Distribution Inc.
Inspection Date: 01/20/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
Site visit was related to a No Exposure Certification renewal.
The site was found to have an open-top dumpster and two areas of wooden pallet storage. No stormwater quality
concerns were noted beyond the open-top dumpster.
Upon a post-inspection review of the industrial permit categories,the NCG08 was the most appropriate industrial permit
for the site. However, the lack of vehicle maintenance activities on the site relinquishes the facility from industrial permit
coverage.
Page: 2

ate of North Carolina
Jepartment of Environment •
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Coleen Sullins, Director ENVIRONMENT AND NATURAL RESOURCES
GENERAL PERMIT Certificate of Coverage RENEWAL FORM
I. CURRENT PERMIT INFORMATION:
Certificate of Coverage (COC) Number: NCG55_ 33
Owner's name (name to be put on permit): (for Single Family Residence permit)
Owner's or signing official's name and title:
(Person legally responsible for permit)
(Title)
Mailing address:
1
City:. � State: / Zip Code:
Phone: ( S )
E-mail address:
Applicant's Certification: t
I,
attest that [to the best of my kno% r- P1
Coverage (CoC) listed above is L
CoC listed above and assume re
t ,
Signature:
p <,t. 1�1t° �' � .
Please send this completed for
Nor �t�5621
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Telephone[phone] FAX[phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL ITEM 7003 1680 0001 07412 8724-RETURN RECEIPT REQUESTED
March 24,2009
Mr.James C. Elliott,Jr.
25 East Forest Rd
Asheville,N.C. 28803
Subject: Wastewater disposal at 25 East Forest Rd
Certificate of Coverage NCG550033
Buncombe County
Dear Mr.Elliott:
We are contacting you to determine the status of a wastewater disposal system on your property.
That system was previously covered under a state NPDES discharge permit.
An audit of expired/unresolved files noted that coverage for your system expired in July 2007. The
Division needs information from you to determine if coverage under NCG550000 [the General Permit for
domestic wastewater] is still necessary.
➢ If your property still has a wastewater system like the ones described in the enclosed Technical
Bulletin,you must renew the subject CoC Cvmp n to th .,enclos0d,formand suhmit t:to.me.at tliq:
4-i_-..
atldress on the fbm
➢ If you have questions regarding the application or your systems components,contact Keith
Haynes in the NC DENR AshevilleRegto -al-Office at 828 296450 He [or other staff members]
can help you.
eq/naar
➢ If your property no longer discharges wastewater,contact me at the address or phone number
listed below to request rescission of the CoC.
If you have any questions,please contact me at the telephone number or e-mail address listed below.
Thanks for your attention to this matter.
Sincerely,
Charles H.Weaver,Jr--
NPDES Unit i
cc: Central Files
Asheville Regional Office/Keith Haynes - 0009
NPDES file R
1617 Mail Service Center,Winston-Salem,North Carolina 27699-1617
512 North Salisbury Street,Winston-Salem,North Carolina 27604 NorthCarolina
Phone: [phone]/FAX [phone]/[e-mail] Natunally
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

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NCDENR I�;6
North Carolina Department of Environment 6tll turd $p a sous
Division of Water Quality
Michael F. Easley,Governor WATER Jr., ecretary
�. �k( �kzP.E. Director
L"ap r-T ors C January 9, 200
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fox 88-
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Subject: Renewal Notice/General Permit NCG550000
Certificate of Coverage NCG550033
Buncombe County
Dear Permittee:
You are receiving this notice because you currently own a property covered under the subject
General Permit for the discharge of domestic wastewater. NCG550000 will expire on July 31, 2007.
Federal (40 CFR 122.41) and North Carolina(15A NCAC 2H.0105(e))regulations require
that permit renewal applications be filed at least 180 days prior to expiration of the current permit.
To satisfy this requirement, the Division must receive a renewal request postmarked no later than
February 1, 2007.
The Certificate of Coverage (CoC) specific to your property was last issued on April 27, 2005.
The Division needs information from you to determine if coverage under NCG550000 is still
necessary.
➢ If your property still has a wastewater system like the ones described in the enclosed
Technical Bulletin, you must renew the subject CoC. Complete the enclosed form and
submit it to the address on the form.
➢ If you'are not sure what type of system your property has, contact Larry Frost in the NC
DENR Asheville Regional Office at. That person [or other staff members] can help you
determine if you should renew your CoC.
➢ If you know that your property no longer discharges wastewater, contact me at the
address or phone number listed below to request rescission of the CoC.
➢ This nforma>t�or� request does not pertain to the-Annul Fe�6� $�0 oo billed
separately the ► vlsr+ ne$Udre: c mauevreged hoar this
�/1 ��� procedure, The Annual Fee is like the fee you annually pay the DMV for the sticker on
your vehicle's license plate. Renewal of your CoC is like the renewal of your Driver's
License [ca. every five years].
➢ If you have already mailed a renewal request,you may disregard this notice.
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One�1
512 North Salisbury Street,Raleigh,North Carolina 27604 N©rthCarohna
Phone: [phone],extension 511/FAX [phone]/[e-mail] R ura`
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper +++'"'

NCG550033 ren.
Januar}
The attached application form shows the information the Division has on file for your
property. Please verify that the provided information is correct, or make corrections on the form.
Complete the additional questions,then sign and date the form.
The completed form should be submitted to the address listed below the signature block.
If you have any questions concerning this matter, please contact me at the telephone number
or e-mail address listed below. (If it is difficult to reach me, please be aware that your facility is one
of over 1100 that I am contacting regarding the renewal of NCG550000.)
Thanks for your attention to this matter.
Sincerely,
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
IN A
- .
NPDES file

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley,Governor William G.Ross,Jr.,Secretary
Alan W.Klimek, P.E.,Director
April 27,2005
Mr.James C.Elliott,Jr.
25 East Forest Road
Asheville,North Carolina 28803
Subject: Renewal of coverage/General Pernut NCG550000
Elliott property
Certificate of Coverage NCG550033
Buncombe County
Dear Mr.Elliott:
In accordance with your application for a Certificate of Coverage[received on April 18,2005],the Division is
forwarding herewith Certificate of Coverage NCG550033 to discharge under NCG550000. Your property was previously
assigned this CoC number in 1993. The previous owner allowed the CoC to expire. Thus your application is being treated
as a renewal of an existing CoC,rather than a new discharge application. This permit is issued pursuant to the requirements
of North Carolina General Statue 143-215 .1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection agency dated May 9, 1994[or as subsequently amended].
If any parts,measurement frequencies or sampling requirements contained in this General Permit are unacceptable
to you,you have the right to request an individual permit by submitting an individual permit application. Unless such
demand is made,the certificate of coverage shall be final and binding.
Please take notice that this Certificate of Coverage is not transferable except after notice to the Division. The
Division may require modification or revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by the Division of
Water Quality or permits required by the Division of Land Resources,Coastal Area Management Act or any other Federal
or Local governmental permit that may be required.
If you have any questions concerning this permit,please contact Charles H.Weaver,Jr.at telephone number 919
733-5083,extension 511.
Sincerely,
Y
&fA an W.Klimek,P.E.
(i
cc: Central Files
Asheville Regional Office>Larry Frost i V P
NPDES file I
V"V,"TERQUALIT'SECT!ON
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 P -- - one 1-,ALCaTOhil,,
a
512 North Salisbury Street,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:h2o.enrs I'�11 NO
tate.nc.us NatmallffAn Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCG550000
CERTIFICATE OF COVERAGE NCG550033
TO DISCHARGE DOMESTIC WASTEWATERS FROM SINGLE FAMILY RESIDENCES AND OTHER
DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
NATIONAL POLLUTANT DISCHAARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina. General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act,as amended,
James C. Elliott, Jr.
is hereby authorized to operate a wastewater treatment facility that consists of a septic tank, subsurface sandfilter,
chlorine disinfection,and associated appurtenances with the discharge of treated wastewater from
25 East Forest Road
Asheville
Buncombe County
to receiving waters designated as an unnamed tributary to Reems Creek in the French Broad River Basin in
accordance with the effluent limitations,monitoring requirements, and other conditions set forth in Parts I, II, III
and IV hereof.
This certificate of coverage shall become effective April 27,2005.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 27, 2005.
*A— Alan W.Klimek,P.E.,Director
Division of Water Quality
By Authority of the Environmental Management Commission

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Facility
titude:35041'S3n NCG550033
-
ngitude:82°29'48.." lames C. Elliott, Jr. Location
Quad:CraggyPinnade,N.C.
Stream Class:C-Trout
Subbasin:40302
Receiving Stream UT Reems Creek otth NOT TO!CALF

BUNCOM�e COUNTY, NORTH CAROLINA
--------------
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http://gis.buncombecounty.org/servlet/com.esri.esrimap.Esrimap?ServiceName=sid3&Form=True&Encod... 1/5/2006

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2011
Mr. Andrew G. Bradley, VP, Environmental Affairs
Unimin Corporation
258 Elm Street
New Canaan, Connecticut 06840
Subject.- NOTICE OF VIOLATION
NOV-201 1-MV-0024
Permit No, NCO085839
Red Hill Quartz Processing Plant
Mitchell County
Dear Mr. Bradley:
A review of Red Hill Quartz Processing Plant's monitoring report for September 2010 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Total Suspended Solids Week ending Weekly Failure to Monitor
09/04/2010
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Jeff Ferguson/Unimin Red Hill Quartz
S:1SWP1MitchelllWastewater!lnclustrialllJnimin Red Hill 858391 OV-2011-MV-0024.doc NorthCarolina
Natul"911Y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.org FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7009 1680 0000 7515 2335
Mr. Ronald Melter
30 Lakeshore Drive
Walhalla, South Carolina 29691
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7009 1680 0000 7515 2328
Mr. David Blanton
42 Leaning Tree Lane
Franklin, North Carolina 28734
Subject: Overflowing Private Sewer
Location: 59 Leaning Tree Lane
Franklin, NC 28734
Macon County
Dear Sirs:
It is the understanding of the Asheville Regional Office, Division of Water Quality, Surface
Water Protection staff that a privately owned sewer line which runs in between 42 Leaning Tree
Lane owned by David Blanton, and 56 Leaning Tree Lane owned by Ronald Melter, is
overflowing at 59 Leaning Tree Lane. Information indicates that the persons receiving this
letter make use of this line.
All users of this line need to immediately make arrangements to have it repaired. North
Carolina General Statute 13A-335(a) says that a person owning a residence shall provide an
approved wastewater system. Continued dependence on an overflowing sewer places at risk
your ability to continue to live in your house. Those of you using this overflowing sewer line
should get it repaired immediately.
Each residence that is connected to this line(s) is responsible for proper operation and
maintenance of the sewer line(s). When an overflow occurs from this sewer line(s) ALL
residences connected are responsible for the repair of the sewer line(s). Failure to repair
a sewage overflow can result in assessment of civil penalties of up to $25,000 per day.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOl"t17 Car(�1111c'�
Internet: aconk waectionlSy.org �gturq�l�
S:ISWPIMaconlCollection SystemslFranklin Collection System159 Leaning Tree Lane overflow.doc KL

Private Sewer Overflow,
January 28,2011
Page 2 of 2
Please respond within Ten days (10) of receipt of this letter regarding repair(s) to the
overflowing sewer. Please notify Mr. Jeff Menzel at 828-296-4600 when repairs are complete.
Sincerely,
C4
O
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Jay Gibson, CSORC, Town of Franklin
Jim Bruckner, Macon County Public Health
Becky Duncan, Property Owner
59 Leaning Tree Lane
Franklin, NC 28734
i

PIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 31, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7009 1680 0000 7515 2342
Mr. Dennis Dorn, Manager
Westside Village Properties, LLC
847 Tracy Grove Road
Flat Rock,North Carolina 28731
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7009 1680 0000 7515 2359
Mr. Forest Thomas, Registered Agent
Westside Village Properties, LLC
230 Fifth Avenue East
Hendersonville,North Carolina 28792
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Westside Village Properties, LLC—Mr. Dennis Dorn, Manager
NOV-2011-PC-0066
Construction Stormwater Permit NCG010000
Removal of Best Usage
401 Water Quality Certification(WQC) Conditions
Henderson County
Response deadline:February 21,2011
Dear Messrs. Dorn and Thomas:
On January 5, 2011, Susan A. Wilson and Chuck Cranford from the Asheville Regional Office of
the Division of Water Quality(DWQ) conducted a site inspection for Westside Village Properties,
LLC at the corner of Highway 191 and Mountain Road in Henderson County.
Construction Stormwater Permit NCGO10000, stream standard, and 401 Water Quality
Certification (WQC) violations were noted during the inspection and file review.
As a result of the site inspection and file review,the following violations were identified:
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:: www.6-45001 FAX: [phone] Customer Service:1-877 623-6748 ����N��/�
Internet: www.ncwaterquality.org ` i
An Equal Opportunity 1 Affirmative Action Employer

Messrs.Dom and Thomas
January 31,2011
Page 2 of 5
VIOLATIONS
I. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit
(NCG010000) is issued upon the approval of an Erosion and Sedimentation Control
Plan for sites greater than one acre.
a. Approved Plan (Part I. Section A: No. 2.) During the inspection, a copy of the
approved Erosion and Sediment Control Plan was not on site and available for
review. However, a site representative was not available during the inspection.
b. Rain Gauge and Data (Part I. Section B. No. 1.) A rain gauge was not observed
on the site at the time of inspection. Rain gauge data, measured daily, was not
recorded and available for review. However, a site representative was not available
during the inspection.
c. Minimum Monitoring and Record Keeping(Part 1. Section B.No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not recorded and available for review. However, a site representative was not
available during the inspection.
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 30 feet of an
unnamed tributary to Mill Pond Creek, a Class WS-IV stream in the French Broad River
Basin, was impacted by additional, unauthorized fill, representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (2). These 30 feet of fill is in addition to the
approximately 140 feet of previously approved fill (culvert).
III. Failure to Secure a 401 Water Quality Certification (WQC)
A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers
(USACOE) has received a modification to the existing 404 Permit or 401 WQC, prior to
the impacts noted in item II above. Such an application and/or modification is required
pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina
Administrative Code 2H .0500.
IV. 401 WQC Condition Violations - The WQC deemed certified for the 140 feet of culvert
impact specifies that the activities must follow all conditions listed therein. The following
condition violations were noted: Nos. 1, 13, and 16 detailed below.
REQUIRED RESPONSE
The DWQ requests that you respond by February 21,2011. Your response should be sent to the
attention of Ms. Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC
28778 and should address the following items:

,i and Thomas
i,2011
of 5
1. Construction Stormwater Permit NCG010000
a. Please explain why the Erosion and Sedimentation Control Plan was not onsite.
b. Please explain why a rain gauge was not onsite and no records were kept. If records
are available,please provide as specified in(c)below.
c. Minimum Monitoring and Record Keeping Please provide copies of all
monitoring and record keeping from October 1, 2010 to the time of your
response to this letter.
2. Removal of Best Usage—15A NCAC 02B.0211 (2) and Condition Violations of 401
WQC
a. Please explain why these impacts occurred without prior authorization.
b. Please provide a map of the project area. The map must include all streams on-site,
detailing all impacts (i.e., culverts and/or fill).
Two (2) options exist to resolve the violations related to the 401 Water Quality
Certification:
1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit for the
additional impact. A 401 WQC will be required if the activities are permitted by
the Corps. The application process as described does not guarantee the impacts will
be approved. The existing, unauthorized impact will not be approved as currently
constructed. In addition,NCDOT has not issued authorization to connect to (or
otherwise compromise)the NCDOT culvert at Highway 191. Mitigation
compensation will also be required for impacts equal to or exceeding 150 linear
feet.
2. Restore the stream to pre-existing conditions.
a. includes the removal of the unauthorized impact, restoration of the stream
channel, as well as the restoration of the streambank.
If pursuing Option 1:
1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of
the activities you have undertaken. The Asheville office phone number is (828)
271-7980.
2. Provide a proposed schedule of when you expect to have the required Pre-
Construction Notification(401 WQC application) submitted to DWQ.

Messrs.Dorn and Thomas
January 31,2011
Page 4 of 5
If pursuing Option 2:
a. Please submit a Stream Restoration Plan to this office for review and approval. You
must secure an environmental consultant experienced in stream restoration to assist you
with development of your plan and authorization necessary to achieve compliance.
It is recommended that your consultant contact Ms. Wilson of the Asheville Regional
Office for additional guidance during plan development. The plan should include the
following:
b. A proposed schedule with dates that indicate when you expect to begin and complete
the restoration work.
c. Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Ms. Wilson.
3. 401 Water Quality Certification No. 3821 Condition Violations:
a. Condition 1 —No Impacts Beyond those Authorized in the Written Approval or
Beyond the Threshold of Use of this Certification. This violation may be resolved
through one of the two options described above.
b. Condition 13 —Placement of Culverts and Other Structures in Waters and Wetlands.
Existing stream dimensions must be maintained above and below locations of...
the culvert. This violation may be resolved as described in 2, above. In addition,
the 140 feet of authorized impact(culvert) still does not comply with this condition
and is not"...placed below the elevation of the streambed by one foot...".
c. Condition 16—If this Water Quality Certification is used to access building sites,
then all lots owned by the applicant must be buildable without additional impacts to
streams or wetlands. Please provide a plan layout to the Division of Water Quality
with this response. Also state what the reason for the additional, unauthorized
impact.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process.
By copy of this document to the Henderson County Planning Office,the Division of Water Quality
is requesting that all county permits beheld until such a time that this site is brought back into
compliance with all appropriate state rules and regulations.
,�is

.n and Thomas
,1,2011
,of 5
This office requires that the violations, as detailed above, be abated immediately. These
violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matters,
please contact Susan A.Wilson at(828) 296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Eric: NCGO10000
Water Quality Certification No. 3821
cc: NPS Assistance and Compliance Oversight Unit, Katie Merritt
ARO File Copy
USACOE
Henderson County Planning
S:\SWP\Henderson\401s\Non-DOT\Dorn\NOV-2011-PC-0066.Westside Village Dom. 1 2011.doc

NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 31, 2011
Mr. Andrew G. Bradley, VP, Environmental Affairs
Unimin Corporation
258 Elm Street
New Canaan, Connecticut 06840
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0026
Permit No. NCO084620
Unimin Crystal Operation
Mitchell County
Dear Mr. Bradley:
A review of Crystal Operation's monitoring report for August 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru Week ending 08/07/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 08/14/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 08/21/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 08/28/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru 08/31/2010 Continuous Failure to Monitor
treatment plant
pH Week ending 08/07/2010 5 X/Week Failure to Monitor
pH Week ending 08/14/2010 5 X/Week Failure to Monitor
pH Week ending 08/21/2010 5 X/Week Failure to Monitor
pH Week ending 08/28/2010 5 X/Week Failure to Monitor
pH 08/31/2010 5 X/Week Failure to Monitor
Solids, Settleable Week ending 08/07/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 08/14/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 08/21/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 08/28/2010 5 X week Failure to Monitor
No�rthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www,ncwateraualitv.ong FAX [phone] 1-877-623-6748

Mr. Andrew G.Bradley
January 31,2011 ��
Page 2
Parameter Date Measuring Violation
Frequency
Solids, Settleable 08/31/2010 5 X week Failure to Monitor
Turbidity Week ending 08/07/2010 Weekly Failure to Monitor
Turbidity Week ending 08/14/2010 Weekly Failure to Monitor
Turbidity Week ending 08/21/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 08/07/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 08/14/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 08/21/2010 Weekly Failure to Monitor
TSS—Lbs/day Week ending 08/07/2010 Weekly Failure to Monitor
TSS—Lbs/day Week ending 08/14/2010 Weekly Failure to Monitor
TSS—Lbs/day Weekending 08/21/2010 Weekly Failure to Monitor
Compliance Issue:
Failure to include the reverse page of the DMR with the compliance status checked.
If the above parameters were left off inadvertently, please send an amended DMR within 10 business
days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office. Also include the reverse page of the DMR with the compliance status.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Denny Buchanan/ORC
Jeff Ferguson/ Unimin
S:\SWP\f�1litcheil\Wastewf ate rlindListrialitlniinin Crystal 84620NOV-20,11-MV-0026.010r,

dri����Ip
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 31, 2011
Mr. Andrew G. Bradley, VP, Environmental Affairs
Unimin Corporation
258 Elm Street
New Canaan, Connecticut 06840
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0027
Permit No. NCO084620
Unimin Crystal Operation
Mitchell County
Dear Mr. Bradley:
A review of Crystal Operation's monitoring report for September 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru Week ending 09/04/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 09/11/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 09/18/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 09/25/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 09/30/2010 Continuous Failure to Monitor
treatment plant
pH Week ending 09/04/2010 5 X/Week Failure to Monitor
pH Week ending 09/11/2010 5 X/Week Failure to Monitor
pH Week ending 09/18/2010 5 X/Week Failure to Monitor
pH Week ending 09/25/2010 5 X/Week Failure to Monitor
Solids, Settleable Week ending 09/04/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 09/11/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 09/18/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 09/25/2010 5 X week Failure to Monitor
Turbidity Week ending 09/18/2010 Weekly Failure to Monitor he
NorthCarohna
��rturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.org FAX [phone] 1-877-623-6748

Mr.Andrew G.Bradley
January 31,2011
Page 2
Parameter Date Measuring Violation
Frequency
Turbidity Week ending 09/25/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 09/18/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 09/25/2010 Weekly Failure to Monitor
TSS—Lbs/day Week ending 09/18/2010 Weekly Failure to Monitor
TSS—Lbs/day Week ending 09/25/2010 Weekly Failure to Monitor
Compliance Issue:
Failure to include the reverse page of the DMR with the compliance status checked.
If the above parameters were left off inadvertently, please send an amended DMR within 10 business
days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office. Also include the reverse page of the DMR with the compliance status.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions,please do not hesitate to , -
contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Denny Buchanan/ORC
Jeff Ferguson/Unimin
S:1SWP\M tchell\Wastewatert(ndustriaftUnirnin Crystal 84620\NOV-2011-MV-0027.dvc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 31, 2011
Mr. Andrew G. Bradley, VP, Environmental Affairs
Unimin Corporation
258 Elm Street
New Canaan, Connecticut 06840
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0028
Permit No. NCO084620
Unimin Crystal Operation
Mitchell County
Dear Mr. Bradley:
A review of Crystal Operation's monitoring report for October 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru Week ending 10/02/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 10/09/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 10/16/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 10/23/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru Week ending 10/30/2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru 10/31/2010 Continuous Failure to Monitor
treatment plant
pH Week ending 10/02/2010 5 X/Week Failure to Monitor
pH Week ending 10/09/2010 5 X/Week Failure to Monitor
pH Week ending 10/16/2010 5 X/Week Failure to Monitor
pH Week ending 10/23/2010 5 X/Week Failure to Monitor
pH Weekending 10/30/2010 5 X/Week Failure to Monitor
Solids, Settleable Week ending 10/02/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 10/09/2010 5 X week Failure to Monitor
Solids, Settleable Week ending 10/16/2010 5 X week Failure to Monitor Northcarotina
Natwa!!ry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org FAX [phone] 1-877-623-6748

Mr.Andrew G.Bradley
January 31,2011
Page 2
Parameter Date Measuring Violation
Frequency
Solids, Settleable Week ending 10/232010 5 X week Failure to Monitor
Solids, Settleable Week ending 10/30/2010 5 X week Failure to Monitor
Turbidity Week ending 10/02/2010 Weekly Failure to Monitor
Turbidity Week ending 10/23/2010 Weekly Failure to Monitor
Turbidity Week ending 10/30/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 10/02/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 10/23/2010 Weekly Failure to Monitor
Fluoride, Total (as F) Week ending 10/30/2010 Weekly Failure to Monitor
TSS—Lbs/day Week ending 10/02/2010 Weekly Failure to Monitor
TSS—Lbs/day Week ending 10/23/2010 Weekly Failure to Monitor
TSS—Lbs/day Week ending 10/30/2010 Weekly Failure to Monitor
Compliance Issue:
Failure to include the reverse page of the DMR with the compliance status checked.
If the above parameters were left off inadvertently, please send an amended DMR within 10 business
days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office. Also include the reverse Pape of the DMR with the compliance status.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions, please do not hesitate to
contact Janet Cantwell at 82812964500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Denny Buchanan/ORC
Jeff Ferguson/ Unimin
S:\SWP\Mitchell\Wastewater\industrial\t.lniinin Crystal 84620\NQV-2011-MV-0028.doc

A4i'!A
�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 31, 2011
Mr.Tony Konsul
Carolina Water Service Inc. of NC
P.O. Box 240908
Charlotte, North Carolina 28224-0908
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0025
Permit No. NCO022900
Sugar Mountain WWTP
Avery County
Dear Mr. Konsul:
A review of Sugar Mountain WWTP's monitoring report for July 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Temperature Week ending 07/24/2010 5 X Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
R. Darrell Young/ORC
S:1SWP1AverylWastewaterlMunicipal\Sugar Mtn 229001NOV-2011-MV-0025.doc NoAhCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nowaterquality.org FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 31, 2011
Christopher C. Pearce, IV
WPA Carolinas, LLC
3411 Buena Vista Road
Winston Salem,North Carolina 27106
Subject: Request for More Information
401 Water Quality Certification
Pearce Residence Seawall and Sediment Removal
DWQ Project# 10-1059
Transylvania County
Response deadline: February 28, 2011
Dear Mr. Pearce:
The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification
Application submitted for the above referenced property. Additional information will be required in order to
` _.complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. In your submitted application, you indicated that you desire to place 75 linear feet of new
seawall along the narrow cove adjacent to the indicated property. The shoreline in question is
well'vegetated with little visible erosion. Please provide a justification as to why this shoreline
needs to be stabilized.
2. You have indicated that you desire to excavate 200 cubic yards of accumulated sediment from
this cove. You have provided that excavation will be the minimum amount necessary to install
the seawall. Additionally, you have provided that"more wave action and boat traffic is expected
once the sediment has been removed." It is unclear to this office whether excavation is being
performed for boat access, or for a seawall foundation. Based upon the provided sketches
(which are not to scale), estimating a 3 foot wide * 1 foot deep * 75 feet long seawall,the
maximum amount of material removal necessary to accomplish the seawall would be 8.333 cubic
yards. This amount is significantly less than the requested 200 cubic yards. Currently this cove,
with emergent aquatic vegetation,provides important habitat for juvenile fish. You must provide
a clear and concise description of the work necessary, the amount of material removal involved,
and a justification as to why this work is necessary.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N One C�1011..11a
Internet:wm.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Nahirallrf

WPA Carolinas,LLC
January 31,2011
Page 2 of 2
3. The submitted plan details show that a stone check dam will be constructed at the head of the
cove. An on site review of the project details revealed that there are emergent streams at the
head of this cove, and that constructing a stone check dam in this area would constitute a fill
activity to waters of the state. The channels in question did not contain significant amounts of
sediment that would indicate these are transporting significant amounts of sediment to the cove.
Should you desire to construct such a structure, you must modify your application to reflect these
fills and provide a clear justification as to the expected performance of, and maintenance
responsibility for,this structure.
Please provide your response in writing to the addresses below prior to close of business on February 28, 2011.
Four copies of the required information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Kevin Barnett 828-296-4657, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tyler Crunbley-US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Cyndi Karoly -401 Permitting Unit
Transylvania County Planning
ARO File copy
S:\S WP\Transylvania\401 s\Non-DOT\WPACarolinasLLC.Toxaway\WPACarolinasLLC.Addlnfo.01-28-2010.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 31, 2011
Charles Walker
Entitlement Preservation Group
14460 New Falls of Neuse Road, Suite 149-191
Raleigh,North Carolina 27614
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2008-OP-0061
Highlands of Lake Lure, Phase IV
Partial Incident Closure
Rutherford County
Dear Mr. Walker:
The Division of Water Quality(DWQ)has received the Final Report from C1earWater
Environmental Consultants, Inc., related to the subject Notice of Violation and Recommendation for
Enforcement.
DWQ has reviewed the information provided and conducted a follow-up site visit. The written
response and the sediment removal results observed at the site have satisfactorily resolved a portion
of the violations noted in the subject Notice of Violation and Recommendation for Enforcement.
Satisfactory remediation has occurred within an unnamed tributary to the Broad River(Lake Lure)
and a cove within the lake impacted by development activities within Highlands of Lake Lure,
Phase IV.
Thank you for your assistance with this matter. Should you have any questions regarding these
matters,please contact me at(828)296-4664 or chuck.cranford(a,ncdemr.gov.
Sincerely,
Chuck Crford `
Environmental Specialist
Surface Water Protection Section
cc: Clement Riddle - ClearWater
Clint Calhoun—Town of Lake Lure
ARO File Copy
S:\S WP\Rutherford\Complaints\HighlandsOfLakeLure\CLO.1.28.11.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:: www.ncwaterquality.org
45001 FAX:[phone] Customer Service:1-877 623-6748 ����N����
Internet: www.ncwaterquality.org L
An Equal Opportunity 1 Affirmative Action Employer