DWR Read File Archive Feb. 2013

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 1, 2013
Mr. Christopher J. Sprenger, Registered Agent
Henderon-Beystone Healthcare Properties, LLC
Two Town Square Blvd., Suite#320
Asheville,NC 28803
Subject: Stormwater Permit No. S W 1121201
Mills River Health& Rehabilitation- High Density Stormwater Project
Henderson County
Dear Mr. Sprenger:
The Division of Water Quality staff has reviewed the plans and specifications for the Mills River Health.&
Rehabilitation stormwater system and has determined that the project,as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. The Division of
Water Quality is forwarding Permit No. SWl 121201 dated February 1, 2013, for the construction, operation
and maintenance of the subject project and the stormwater control systems (also referred to as Best
Management Practices—BMPs).
This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions
and limitations as specified therein.
Please be aware of the following concerns regarding the project:
• The site drainage areas must be stabilized before BMPs are put in place.
• Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for inspection and maintenance of the stormwater BMPs will result in
future compliance problems.
If any parts,requirements, or limitations contained in this permit are unacceptable,you have the right to request
an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, and Raleigh,NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 7
Phone:[phone]\FAX:[phone] NorthCarohna
Internet:www.ncwaterquality.org
WOW
An Equal Opportunity\Affirmative Action Emolover

Mr.Sprenger
February 1,2013
Page 2 of 2
This project will be kept on file at the Asheville Regional Office. If you have any questions, or need additional
information concerning this matter, please contact Susan A.Wilson at [phone] or
susan.a.wilsonlancd'enr.gov ..
Sincerely, `
For Charles Wakild,,P.E.
Enclosure: SW1121201/Plans/Application/O&M Agreement
cc: ARO Files
Central Files
Stormwater Permitting Unit Files (w/SW1121201)
William G. Lapsley,P.E. (w/SW1121201)214 N. King St.
Hendersonville,NC 28792
Natalie Berry, Henderson County Planning
Laura Herbert, ARO/DEMLR
' i

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
SW1121201
OVERALL HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Henderson-Beystone Healthcare Properties, LLC
Mills River Health & Rehabilitation
Off NC Hwy 191, Mills River, Henderson County
FOR THE
construction, operation and maintenance of 2 bioretention systems in compliance with
the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to
.,_ as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Water Quality (Division) and considered a part of this permit.
This permit shall be effective from February 1, 2013, until rescinded, and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater control system has been approved for the management of
stormwater runoff as described in the application and other supporting
information.
3. The runoff from all built-upon areas (BUAs) within the permitted drainage areas
of this project must be directed into the permitted stormwater control systems (or
Best Management Practices = BMPs).
4. The BUAs associated with this project shall be located at least 30 feet landward
of all perennial and intermittent surface waters.

State Stormwater P.
Mills River Health&Rehabilitafi.
Permit No. SW1121261,.
5. The following design elements have been permitted for Drainage Area 1, \
Bioretention 1 and must be provided in the system at all times. [ref. Sheet C-
302 of plans]
a. Drainage Area, acres: 4.5
b. Total Impervious Surface, ft2: 76,329 [1.75 acres]
c. Design Storm, inches: 1.0
d. TSS removal efficiency: 85%
e. Basin Design depth, ft: 3 (excluding ponding depth)
f. Basin Surface Area, ft2: 8,750 (175 x 50)
g. Bottom Elevation, fmsl: 2,180
h. Permitted Storage Volume, ft3: 6,534
i. Receiving Stream/Basin: UT McDowell Creek/French Broad
1. Stream Index No.: 6-58
k. Classification of Water Body: C
6. The following design elements have been permitted for Drainage Area 2,
Bioretention 2 and must be provided in the system at all times. [ref. Sheet C-
303 of plans]
a. Drainage Area, acres: 10.2
b. Total Impervious Surface, ft2: 120,210 [2.76 acres]
c. Design Storm, inches: 1.0
d. TSS removal efficiency: 85%
e. Basin Design depth, ft: 3 (excluding ponding depth)
f. Basin Surface Area, ft2: 14,506 (290 x 50)
g. Bottom Elevation, fmsl: 2,180i
h. Permitted Storage Volume, ft3: 10,880
i. Receiving Stream/Basin: UT Line Creek/French Broad
j. Stream Index No.: 6-59
k. Classification of Water Body: C
II. SCHEDULE OF COMPLIANCE
1. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
2. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re-vegetation of slopes.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, filter media,
planting media, underdrains, catch basins and piping.
g. Access to the cell and outlet structure must be available at all times.
2

State Stormwater Permit
Mills River Health& Rehabilitation
Permit No. SW1121201
3. Records of maintenance activities must be kept for each permitted BMP and
maintained on site for review by the Division of Water Quality. The reports will
indicate the date, activity, name of person performing the work and what actions
were taken.
4. The permittee shall submit to the Division of Water Quality an annual summary
report of the maintenance and inspection records for each BMP. The report shall
summarize the inspection dates, results of the inspections, and the maintenance
work performed at each inspection.
5. The stormwater treatment system shall be constructed in accordance with the
approved plans and specifications, the conditions of this permit, and with other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility,a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
^` 8. Access to the stormwater facilities shall be maintained at all times.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built-upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11.The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
12.A copy of the approved plans and specifications shall be maintained on file by
the Permittee.
13.The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
3

State Stormwater PL
Mills River Health&Rehabilitatt-
Permit No. SW1121201
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee; a completed
Name/Ownership Change Form must be submitted to the Division of Water
Quality, signed by the parties involved, accompanied by supporting
documentation as listed on page 2 of the form. The project must be in good
standing with the Division. The approval of this request will be considered on its
merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of -
additional or replacement stormwater BMPs.
6. The permittee grants permission to staff of the Division to access the property for
the purposes of inspecting the stormwater BMPs during normal business hours.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re-issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
BMPs must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2006-
246, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
4

State Stormwater Permit
Mills River Health&Rehabilitation
Permit No. SW1121201
12. The permittee shall submit a renewal request with all required forms and
documentation at least 180 days prior to the expiration date of this permit.
Permit issued this the 1st day of February, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
f
for Chuck Wakild, P.E., 'Director
Division of Water Quality
By Authority of the Environmental Management Commission
5

Mills River Health & Rehabilitation
DWQ Stormwater Permit No. SW1121201
Henderson County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
Mills River Health & Rehabilitation
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
SEAL
Registration Number
Date
Mail to: DWQ/ARO [Ref. SW1121201]
2090 US Highway 70
Swannanoa, NC 28778
r�
Page 1 of 2

Mills River Health &Rehabilitation
DWQ Stormwater Permit No. SW1121201
Henderson County
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: Henderson County Planning/ Building Inspections
Page 2 of 2

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C®EN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
February 1, 2013
MEMORANDUM
TO: James F.Bridges,P.E.,Bridge Project Planning Engineer,NCDOT
FROM: Michael R.Parker,NCDWQ,Asheville Regional Office
SUBJECT: Bridge Scoping Review Comments
B-4492,Bridge No. 148,NCSR 1127,Cherokee County
B-5405,Bridge No. 139,NCSR 1139,Transylvania County
B-5406,Bridge No. 67,NCSR 1513,Macon County
B-5410,Bridge No.221,NCSR 1367,Jackson County
B-5905,Bridge No.27,US 23 Business,Jackson County
B-5910,Bridge No. 32,NC 116,Jackson County
In reply to your letters dated January 2,2013 in which you requested information for the above referenced
projects,the NCDWQ offers the following:
Project Specific Comments
B-4492,Bridge No. 148 over Persimmon Creek,Cherokee County
1. Persimmon Creek is class C waters of the State.
2. There is an unnamed tributary to Persimmon Creek located just upstream of the bridge where
NCDWQ will claim jurisdiction.
3. NCDWQ has no specific comments for this bridge project.
B-5405,Bridge No. 139 over Toxaway Creek,Transylvania County
1. Toxaway Creek is class C-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.
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 .01241 throughout design and
construction of the project.
3. There is an unnamed tributary to Toxaway Creek located just downstream of the bridge where
-, NCDWQ will claim jurisdiction.
SURFACE WATER PROTECTION SECTION-Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOrth:Carohna
Phone:[phone] FAX:[phone] ++'' i!atu �ylly
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

B-5406,Bridge 67 over Rabbitt Creek,Macon County
1. Rabbitt Creek is class C-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.
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.
B-5410,Bridge No.221 over Little Savannah Creek,Jackson County
1. Little Savannah Creek is class C waters;however,the NCWRC recently found that this stream
contains rainbow trout. 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. There may be wetlands located downstream of the.bridge within the study area.
B-5905,Bridge No.27 over Scott Creek,Jackson County
I. Scott Creek is class C-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.
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.
B-5910,Bridge No.32 over Savannah Creek,Jackson County
1. Savannah Creek is class C-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.
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.
(2)

General Comments Regarding Bridge Replacement Projects
L 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.
2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is
approved under General 401 Certification Number 3 6 87/Nationwide Permit No. 6 for Survey
Activities.
3. Low Impact Bridge Projects must fall under Nationwide Permit No.3 to qualify for Low Impact;
otherwise, standard permitting procedures will be required.Example(Regional General Permit No.
31,Nationwide Permit No.23,Nationwide Permit No. 13, etc.)
4. 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.
5. 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 Storm-water Best Management Practices.
6. 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.
7. 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.
8. 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.
9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
10. 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.
11.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.
(3)

12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
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
Mark Davis,NCDOT, Division 14 Environmental Officer
Marla Chambers,NCWRC
Transportation Permitting Unit
NCDOT Bridge Scoping(Bridges)January 2013
(4)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 1, 2013
Superior Properties Co.
Attn: Scott E. Shealy
Box 2805
Asheville,NC 28802
SUBJECT: Deadline Extension
Deadline: March 4
401 Water Quality Certification
Project: Dunkin City Stop (tunnel road)
DWQ Project# 12-1090
Buncombe County
Dear Mr. Shealy:
A letter requesting additional information was sent to you on December 31, 2012 with a deadline
of January 28, 2013 for the Dunkin City Stop project in the City of Asheville. A request for an
extension was sought for this project on January 28, 2013. By this letter,the Division of Water
Quality is granting an extension until March 4, 2013. If the appropriate additional information is
not provided by this date then your permit application will be returned.
Please contact me at(828) 296-4664 or Tim.Foxancdenngov, if I can be of any further assistance.
Sincere y,
Tim Fox /
Environmental Specialist
Surface Water Protection
Enclosure
cc: Tasha McCormick—US Army Corp of Engineers Asheville Field Office
Charles Johnston-Environmental Services, Inc.
Central Files
Asheville Files
_ S:\SWP\Buncombe\401s\Non-DOT\Dunkin Citi Sop Tunnel R&UR.Deadline Extension-Superior Properties Co-Dunkin Citi Stop2.01.13.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone] NorthCarohna
Internet:www,ncwaterqualit .org Naturally
atura f/y
An Equal Opportunity,Affirmative Action Employer �!

Rick Harris
2/1/2013
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 Tim Fox in the Asheville Regional Office at(828)
296-4664.
Sincerely,
° y
for Charles Wakild, P.E., Director
CWltrf
Eric: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
Wade Harmon—Duke Energy Lake Services
Carissa Parker—Bennick Enterprises, LLC
File Copy
S:\SWP\McDowe11\401s\Non-DOT\Rick Harris Lot 28\Approval.401 Rick Harris.01-29-13.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John LE Skvarla,' Ili
Governor Director Secretary
February 1, 2013
John Gribble
Tri State Scrap Metal, Inc:
Post Office 8160
Asheville,North Carolina 28814-8160
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Tri-State Scrap Metal, Inc.
Permit No: NCG200469
Buncombe County
Dear Mr. Gribble:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
January 3, 2013. The facility was found to be in compliance with permit NCG200469.
However, improved housekeeping and further evaluation of the area to the left of the scale house is
needed. Please also continue to monitor, maintain and evaluate SDO #1.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference. Please address the storm water concerns with your facility to
remain in compliance with your permit.
Monitoring forms can be found at the following web address
hltp:Hportal.ncdenr.org/web/wq/ws/su/npdessw4tab-3 under NCG200000.
Please contact me at(828) 296-4664 or Tim.Fox(cr�,nedenr.agoti, if I can be of any further assistance
or you would like to discuss any of the issues concerning my compliance inspection.
Sincerely,
Tim Fox
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWS:\SWP\Buncombe\Stormwater\NCG20 Scrap Metal\Tri State Metals\CEI.Tri State Metals.01-03-13.doe
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone] NQrthCarollna
Internet:www.ncwaterquality.org
atl1rallt,J
An Equal Opportunity',Affirmative Action Employer

Tri-State Scrap Metal
February 1,2013
Page 2 of 2
i
t
Picture#1 January 3,2013 (View of Scale House).
Picture#2 January 3,2013 (Stored Material).

,State Scrap Metal Inc.
February 1,2013
Page 3 of 3
f
Picture#3 January 3,2013 (Area to the left of Scale house).
Picture#4 January 3,2013 (SDO#1).

l
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Compliance Inspection Report
Permit: NCG200469 Effective: 09/03/10 Expiration: 12/31/14 Owner: Tri-State Scrap Metal Inc
SOC: Effective: Expiration: Facility: Tri-State Scrap Metal, Inc.
County: Buncombe 79 Pond Rd
Region: Asheville
Asheville NC 28806
Contact Person: John Gribble Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/03/2013 Entry Time: 11:00 AM Exit Time: 12:00 PM
Primary Inspector: Timothy R Fox Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: Wholesale Trade of Metal Waste and Scrap Stormwater
Discharge COC
Facility Status: ■ Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG200469 Owner-Facility: Tri-State Scrap Metal Inc
Inspection Date: 01/03/2013 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
I inspected the site with Andrea Keller(DENR Solid Waste Section). John Gribble with Tri State Scrap gave us a tour of
the facility.
We discussed the organization of the SWPPP materials and documentation to help with future inspections and record
keeping at the facility.
There are two areas of concern at this time. Sheet flow from the left side of the scale house needs to be evaluated. Road
improvements with the DOT Roadway will occur in the near future. This would be the optimal time to consider installation
of a drain or device to divert sheet flow to SDO#1.
House keeping also needs to be improved in this area to avoid any contaimination leaving the site.
Surplus concrete had also been placed outside the facility in the front corner of the parking lot.
We discussed discontinuing this practice to avoid contamination.
The facility needs to improve house keeping practices, evaluate sheet flow to the left of the scalehouse, evaluate and
monitor SDO#1 for discharge, and put appropriate paper work in order.
Please address the storm water concerns listed above to remain compliant with your storm water permit conditions.
i
Page: 2

Permit: NCG200469 Owner-Facility: Tri-State Scrap Metal Inc
inspection Date: 01/03/2013 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
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 n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n
#Has the facility evaluated feasible alternatives to current practices? n ■ n ❑
#Does the facility provide all necessary secondary containment? ■ n n n
#Does the Plan include a BMP summary? ■ n n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n Cl n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n
#Does the facility provide and document Employee Training? ■ n n Cl
#Does the Plan include a list of Responsible Party(s)? ■ Cl n Cl
#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 n n
Comment: The facility needs to evaluate sheet flow to the left of the scale house. This
area is not draining to SDO#1.
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 n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n
Comment: No analytical monitoring was provided at the time of inspection. No flow
was reported. Need to evaluate and monitor basin discharge in the future.
Permit and Outfalls 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 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? moo n
Page: 3

Permit: NCG200469 Owner-Facility: Tri-State Scrap Metal Inc
Inspection Date: 01/03/2013 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Comment: Need to evaluate future sheet flow to the left of the scale house.
Page: 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 1, 2013
Peggy Dortch
K T Feldspar Corporation
PO Box 99
Spruce Pine NC 28777
SUBJECT: NPDES Stormwater Permit Compliance Inspection
K T Feldspar Corp—Pine Mountain
Permit No: NCG020274
Mitchell County
Dear Ms Dortch:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
January 3, 2013. The facility was found to be in compliance with permit NCG020274.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
r` and comments for your reference.
Please contact me at(828)296-4664 or Tim.Foxna ncdenr.gov, if I can be of any further assistance.
Sincere ,
Tim Fox
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Mitchell\Stormwater\NCG02 MiningTeldspar-Quartz\Pine Mountain-Quartz Corp\CEI.Pine Mountain.01.09.13.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] NorthCarohna
Internet:www.ncwaterquality.org
R'tllrally
An Equal Opportunity,Affirmative Action Employer

K T Feldspar Pine Mountain
February 1,2013
Page 2 of 2
Picture#1 January 9,2013 Area Improvements near SDO#6 View#1
N �
g .
Picture#2 January 9,2013 Area Improvements near SDO#6 View#2

Permit: NCG020274 Owner-Facility: K T Feldspar Corporation
Inspection Date: 01/09/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Chuck Cranford and Linda Wiggs with DENR DWQ and Peggy Dortch, Environmental Manager,with The Quartz Corp
USA were present at the time of inspection.
We toured and inspected the area near SDO#6. Stormwater discharges from the road system in this area are shared by
the Feldspar-Quartz Corporartion and Unimin Corp. Improvements have been made to basin#6 area.
A basin near the ditchline was installed including a skimmer and baffels.
This additional measure along with Unimin Corps road improvements should improve turbidty levels at SDO#6.
Depending on future operations additonal changes and improvements may be made in this area.
Continue to maintain, monitor, and evaluate the area.
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 n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 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 E n
#Has the facility evaluated all illicit(non stormwater)discharges? n n n
Comment: Improvements have been made near basin #6 area.
f�
Page: 2

Compliance Inspection Report
Permit: NCG020274 Effective: 01/01/10 Expiration: 12/31/14 Owner: K T Feldspar Corporation
SOC: Effective: Expiration: Facility: K-T Feldspar Corp-Pine Mount M&P
County: Mitchell Hwy 226 N
Region: Asheville
Spruce Pine NC 28777
Contact Person: Peggy Dortch Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/09/2013 Entry Time: 01:00 PM Exit Time: 02:30 PM
Primary Inspector: Timothy R Fox Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ■ Compliant 11 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, RE, John E. Skvarla III
Governor Director Secretary
February 1, 2013
Jeff Church
Caldwell County Schools
1914 Hickory Blvd
Lenoir NC 28645
SUBJECT: Compliance Sampling Inspection
Happy Valley Elementary School
Permit No: NCO041181
Caldwell County
Dear Mr. Church:
On January 16, 2013 a Compliance Sampling Inspection was performed at the subject
wastewater facility. The facility was found to be marginally compliant with permit NC0041181.
Present during the inspection were Kathy Jimison, with the Division of Water Quality, Steve Suit
with Caldwell County, John Younce and John Gragg with Water Tech Labs. There appears to be
some work needed at this facility. Ponding water and impaired distribution lines were documented
as represented below.
F o-
;
5
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 No e hCarollria
Phone:[phone]\FAX:[phone] ;ahmallr�
Internet:www.newate[guality.org

Page Two
Happy Valley School
February 1, 2013
Section C. 2. of your permit requires the operation and maintenance resources necessary to �
operate the existing facilities at optimum efficiency. Please evaluate and repair the sand filter
treatment units as needed. Report back to me in writing of your findings and any repairs made or
timelines needed by March 1, 2013.
Enclosed is an inspection report for additional observations and comments. If you or your staff
have any questions, please call me at 828-296-4500.
Sincerely
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: Central Files
Asheville Files
Water Tech Labs, John Gragg
PO Box 1056
Granite Falls, NC28630 �
S:\SWP\Caldwell\Wastewater\Minors\Happy Valley Elementary School 41181\CSI.ltr.Jan2013.doc

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
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 N I 2 I -I 31 NCO041181 111 121 13/01/16 117 18I S I 19I S I 201 I
Remarks
211IIIII11111 IIII I I I I I I I I IIIIIIIIIIIIIIIIIIIIII16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70 12 I 71 I_I 72 I N I 73 LU 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)
10:45 AM 13/01/16 08/11/01
Happy Valley Elementary School
1350 Yadkin River Rd Exit Time/Date Permit Expiration Date
Lenoir NC 28645 11:10 AM 13/01/16 13/10/31
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
Contacted
Jeff Church,1914 Hickory Blvd Lenoir NC 28645//828-728-8407/8287280012 Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated).
Permit Flow Measurement Operations&Maintenance 0 Records/Reports
Self-Monitoring Program 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
Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/
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 (cant.
1\
3I NC0041181 I11 12I 13/01/16 17 18ISI
Section D. Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) '
The treatment units (sand filter beds and pipes)appear to need work. The distribution pipes do not appear
to be functioning optimally.
The sand filter bed needs work. Only portions of the beds are treating the wastewater. The ponding
occurring at the time of the inspection was not acceptable.
These treatment units should be evaluated and repaired as needed.
Effluent Sampling Results: BOD 12 mg/I, TSS 6.3 mg/I
Fortunately the effluent samples were compliant. However, the maintenance work noted above will likely be
needed soon to avoid effluent violations.
The septic tank is pumped annually which appears to be a good maintenance practice and is assisting in
keeping the sand filter beds from failing.
Page# 2

Permit: NCO041181 Owner-Facility: Happy Valley Elementary School
Inspection Date: 01/16/2013 Inspection Type: Compliance Sampling
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n n n
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH,DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment: The facility housekeeping is not an issue. However, O&M needs attention.
See summary.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n n
Is the facility as described in the permit? 0 n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ ❑ n n
Comment: Permit expires in October. The permittee should keep an eye out for
renewal notice early this year.
Septic Tank Yes No NA NE
(If pumps are used)Is an audible and visual alarm operational? n ❑ n
i Is septic tank pumped on a schedule? n n n
Are pumps or syphons operating properly? n n n
Are high and low water alarms operating properly? n n n
Comment: See summary.
Sand Filters(Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? n n n
Is the distribution box level and watertight? n n n
Is sand filter free of ponding? n n n
Is the sand filter effluent re-circulated at a valid ratio? n n N o
#Is the sand filter surface free of algae or excessive vegetation? n ■ n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■
Comment: The sand filter beds are in need of attention. There is too much ponding,
the pipes may not be properly laid. Work needs to be performed on these treatment
units.
Page# 3

��
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J

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Pat McCrory Director John E. Skvarla, III
Secretary
Governor
February 4, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2360
Mr. Paul Carry
The Ridges at Mountain Harbour, LLC
301 South College Street
Hayesville,North Carolina 28202
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
The Ridges at Mountain Harbour
NOV-2013-PC-0033
Construction Stormwater Permit NCGO10000
Stream Standard Violation- Other Waste (In-stream sediment)
Clay County
Response deadline: March 1,2012
Dear Mr. Carty
On January 23, 2013, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection for The Ridges at Mountain Harbour off of
Peckerwood Road in Clay County. Jeff Wait of the Division of Energy, Mineral, and Land
Resources,David Brown of the US Army Corps of Engineers, and David McHenry of the Wildlife
Resources Commission we also present.
Construction Stormwater Permit NCGO10000 and stream standard violations were noted during
the inspection and file review. Sediment impacts to an unnamed tributary to Licklog Creek, Class
C waters, were documented.
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 NorthCarolina
Phone:[phone]\FAX:[phone]
Internet: www.ncwaterquality.org Naturally

Paul Carry
The Ridges at Mountain Harbour
February 4,2013
Page 2 of 4
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.
b. 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 inspection dated January 23, 2013, represents a violation of
NCGO10000 Permit.
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 inspection dated January 23, 2013, represents a violation of NCGO 10000
Permit.
d. 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.
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.
L 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 600 linear feet of an Licklog Creek, Class C, was impacted by
sediment deposition measured to be at least 3 inches in depth throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
The DWQ requests that you respond by March 1,2012. Your response should be sent to the
attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778
and should address the following items:
1. Construction Stormwater Permit NCG010000
a. Please explain why the Erosion and Sedimentation Control Plan was not onsite.

.;arty
e Ridges at Mountain Harbour
rebruary 4,2013
Page 3 of 4
b. Please explain when you anticipate being in full compliance with your Erosion and
Sediment Control Plan and the NCGO10000 Permit.
c. You should include in your response an explanation of why proper operation
and maintenance of stormwater and erosion control measures was not
performed to optimum efficiency and how you propose to prevent these
problems from reoccurring on this project and on future projects.
d. Please explain why a rain gauge was not onsite and no records were kept.
e. Minimum Monitoring and Record Keeping — Please provide copies of all
monitoring and record keeping from October 1, 2012 to the time of your
response to this letter.
L Please explain why DWQ was not notified within twenty four hours of becoming
aware of the sediment loss as noted above in item IL
2. 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 Kevin Barnett 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,
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 Kevin Barnett.

Paul Carry
The Ridges at Mountain Harbour
February 4,2013
Page 4 of 4
l
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 Kevin Barnett at(828) 296-4657
or kevin.barnett(di)ncdenr.aov .
Sincerely, A/:
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: Inspection Report,
NCGO10000 permit,
Stormwater Inspection for General Permit NCGO10000
cc: Karen Higgins, WBSCP Unit
ARO File Copy
Laura Herbert,Division of Energy, Mineral, and Land Resources
Clay County Planning
S:\SWP\Clay\Stormwater\NCG01 Construction\RidgesAtMountainHarbour\NOV2013PC0033.Ridges.01-29-2013.doc

North'Caro ina Department of Environment and Natural Resources
Land Quality Section:2090 US.Highway 70, Swannanoa,NC28778, [phone]
County: e Project: ye -t e 5 River basin:
Person onsible:financia y res
p T C ( rolect# P D — 00 15
Address: \ ,5 a _�
C Case#
1. Project location: Z5 Z+>'Z—
Pictures:No:❑ Yesriti'.s:
Prints:❑ Slides:❑ Video:❑ Digital:
2. Weather and soil con P �01 <j p 1 1 Initial inspection:p .Yes:❑ No
�
3. Is site currently under notice of violation? Yes:❑No:
4. Is the site in compliance with S.P.C.A.and rules? Yes:❑ No.X If no,check violations below:
5. Violations:
❑a. No approved plan,G.S. 113A-57(4)and 15A N.C.A.0 413.0107 c
( ) �g. Inadequate buffer zone,G.S.113A-57(1)
/b. Failure to follow approved plan,G.S. 113A-57(5) ❑ h. Graded slopes and fills too steep,
a Failure to submit revised plan,G.S. 113A-54.1(b)and G.S. 113A-57(2)or 15A N.C.A.C.413.0124(d)
15A N.C.A.C.4B.0118(a) ❑i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A N.C.A.C.413.0107(b)or 15A N.C.A.C.413.0124(e) 15A N.C.A.C.413.0113
❑e. Insufficient measures to retain sediment on site,G.S. 113A-57(3) ❑ k. Other(describe)
X/ f. Failure to take all reasonable measures,15A N.C.A.C.413.0105
6. Potential NPDES Permit Violation? Yes No:❑ Describe: 5tti w.J-e
7. Has sedimentation damage occurred since last inspection? YeKIf yes,where?(check all that apply) No:❑
Lake/natural watercourse on the tract:/ Lake/natural watercourse off the tract:[I Other property: ❑
Description: Lj C•4?y�•.t�„�J- �tS wA i, /�C d� 1.01 0 T5+,rr_....ti+r` �✓A�o yJ S�o�C t e G�li(gfCrl ',
Degree of damage. shght.V moderate:❑ severe:❑
8. Contact made with(name): Title:
Inspection report given:❑ or sent: to person financially responsible. Date given/sent:
J. Corrective actions needed:
flog to Lly
v
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1 lee'- 1� �G 'r ! :h Bc /r �'l ♦ 1 'O vw � G
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10.Comments: r Fc t w I
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J I o vt
Cc
�- Cti/\ i K( o •a 7 l� C rC e- ►f e- -Ot.t�O V�
1:5� �6o c- rc�%A14
_;_sport by: Others present:k, .,{,.LL �. !"t c �erk l l 0-. J�
Date of inspectio : Time arriving on site: Time leaving site:
cc:

AT41 ;A'
WDERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E.Skvarla III
Governor Director Secretary
February 5, 2013
Jeff Church
Caldwell County Schools
1914 Hickory Blvd
Lenoir NC 28645
SUBJECT: Compliance Sampling Inspection
Collettsville Elementary School
Permit No: NCO050075
Caldwell County
Dear Mr. Church:
On January 16, 2013 a Compliance Sampling Inspection was performed at the subject
wastewater facility. Present during the inspection were Kathy Jimison, with the Division of Water
Quality, Steve Suit with Caldwell County, John Younce and John Gragg with Water Tech Labs.
The facility was found to be Compliant with permit NC0050075. 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.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: Central Files
Asheville Files
Water Tech Labs,John Gragg
PO Box 1056
Granite Falls, NC 28630
S:\SWP\Caldwell\Wastewater\Minors\Collettsville Elementary School 50075\CSI.Ltr.Jan2013.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolliina
Phone:[phone]\FAX:[phone] Nahz ally
Internet:www.ncwate[guality.org

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
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 15 I 31 NCO050075 111 121 13/01/16 117 18I S I 19I S I 201 II
Remarks
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70131 711 I 72I N I 73 LJJ 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)
11:30 AM 13/01/16 10/03/01
Collettsville Elementary School
4690 Collettsville School Exit Time/Date Permit Expiration Date
Collettsville NC 28611 12:05 PM 13/01/16 15/02/28
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
Contacted
Jeff Church,1914 Hickory Blvd Lenoir NC 28645/1828-728-8407/8287280012 Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Flow Measurement 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)ofinspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs ARO WQ9828-296-4500 Ext.4653/
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 1',
3I NC0050075 I11 12, 13/01/16 17 18ISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Effluent samples were obtained. pH 7.1 s.u., BOD 9.3 mg/I, TSS 13 mg/I.
No concerns with WWTP or receiving waters were noted during the inspection.
�,
Page# 2

Permit: N00050075 Owner-Facility: Collettsville Elementary School
Inspection Date: 01/16/2013 Inspection Type: Compliance Sampling
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n n n
Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH,DO,Sludge ■ n
Cl 0
Judge,and other that are applicable?
Comment: Pumps are checked — 3 months for maintenance problems.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n E n
Is the facility as described in the permit? N n n n
#Are there any special conditions for the permit? n n m n
Is access to the plant site restricted to the general public? Cl n Q
Is the inspector granted access to all areas for inspection? n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
l b.Mechanical
Are the bars adequately screening debris? n n n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? n n n
Is the unit in good condition? n n n
Comment:
Aeration Basins Yes No NA NE
Ext.Air
Mode of operation
Diffused
Type of aeration system
Is-the-basin_free_of dead spots? ■ n n n
Are surface aerators and mixers operational? n In m n
Are the diffusers operational? 0 n n n
Is the foam the proper color for the treatment process? 0 n
Does the foam cover less than 25%of the basin's surface? 0 Cl n n
Is the DO level acceptable? ❑ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) n ❑ In
Page# 3

Permit: NCO050075 Owner-Facility: Collettsville Elementary School
Inspection Date: 01/16/2013 Inspection Type: Compliance Sampling
Aeration Basins Yes No NA NE
Comment: DO between 0.6-0.8 mg/1
Primary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ o
Are weirs level? n n n ■
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the sludge blanket level acceptable? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ I_l 0
Comment: The blanket was getting high. ORC believed it.was due to pH adjustments
recently made.
Sludge is brought to Lower Crk WWTP when removed. ?
Page# 4

CDGR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E.Skvarla III
i Governor Director Secretary
February 5, 2013
Jeff Church
Caldwell County Schools
1914 Hickory Blvd
Lenoir NC 28645
SUBJECT: Compliance Sampling Inspection
Kings Creek Elementary School
Permit No: NCO041190
Caldwell County
Dear Mr. Church:
On January 16, 2013 a Compliance Sampling Inspection was performed at the subject
wastewater facility. Present during the inspection were Kathy Jimison, with the Division of Water
Quality, Steve Suit with Caldwell County, John Younce and John Gragg with Water Tech Labs.
The facility was found to be Marginally Compliant with permit NC0041190. There was a Daily
Maximum Effluent Violation of Fecal Coliform. Water Tech was contacted and asked to check the
disinfection system at the facility. Their follow up sample results indicated compliance.
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.
Sincerely,
Ale
ca
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
......._......... .
Enclosure
cc: Central Files
Asheville Files
Water Tech Labs,John Gragg
PO Box 1056
Granite Falls, NC 28630
S:\SWP\Caldwell\Wastewater\Minors\Kings Creek Elementary School 41190\CSI.Ltr.Jan2013.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarOhna
Phone:[phone]\FAX:[phone] ;Vatumllff
Internet:www.ncwaterauality.ora

-- _- -
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United States Environmental Protection Agency Form Approved.
EPA
Washington,D.C.20460 OMB No..2040-0057
G Approval expires 8-31-98
Water GnmIlDfianre InspPrtion Report
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 15 I 31 NCO041190 111 121 13/01/16 17 18I S I 19I S I 201 I
Remarks
21111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70I 3 I 711 I 72I N I 73 W 74 751 I I I I .III 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)
09:50 AM 13/01116 08/11/01
Kings Creek Elementary School
Exit Time/Date Permit Expiration Date
3680 Wilkesboro Blvd
Lenoir NC 28645 10:20 AM 13/01/16 13/10/31
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
Contacted
Jeff Church,1914 Hickory Blvd Lenoir NC 28645//828-728-8407/8287280012 No
I
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Flow Measurement ■Operations&Maintenance 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(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs J ARO WQ//828-296-4500 Ext.4653/
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 NC0041190 I11 12I 13/01/16 I17 18ISI
Section D: Summary of Finding/Comments(Affach additional sheets of narrative and checklists as necessary)
Effluent samples were obtained. The Fecal Coliform result was elevated.
Effluent Results: BOD 10 mg/I, TSS 6.2 mg/l, Fecal Coliform 1100 col/100ml. The daily max for Fecal
Coliform is an effluent violation.
The inspector contacted Water Tech to discuss the cause of the elevated fecal number and asked the ORC
to evaluate the disinfection system. Follow up Fecal Coliform sampling by the ORC on 1/21/2013 were
compliant.
Fecal Coliform results performed by ORC in January were both <1. All three results yield a geometric mean
for the month of 10 col/100ml.
Page# 2

Permit: NCO041190 Owner-Facility: Kings Creek Elementary School
Inspection Date: 0 111 6/2 0 1 3 Inspection Type: Compliance Sampling
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n Q
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH,DO,Sludge ■ 0 I] n
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■
Is the facility as described in the permit? ■ n Q ❑
#Are there any special conditions for the permit? I1 n ■
Is access to the plant site restricted to the general public? ■ n
El 0
Is the inspector granted access to all areas for inspection?
■ nnn
Comment: Permit will expire October 31, 2013. Permittee should keep an eye out for
renewal notice early this year.
Septic Tank Yes No NA NE
(If pumps.are used)Is an audible and visual alarm operational? n n ■ n
Is septic tank pumped on a schedule? ■ o o n
Are pumps or syphons operating properly? 0 n ■ n
Are high and low water alarms operating properly? n n ■ n
Comment: Usually once a year, may only need it every other year though.
Sand Filters (Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? n n ■ n
Is the distribution box level and watertight? ❑ n ■
Is sand filter free of ponding? n ■ n n
Is the sand filter effluent re-circulated at a valid ratio? n n ■ n
#Is the sand filter surface free of algae or excessive vegetation? ■ n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1)
nn ■ n
Comment: Two small areas with some ponding, but nothing of concern.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n
■
Are the tablets the proper size and type? nnn
Number of tubes in use?
Is the level of chlorine residual acceptable? fl Q n ■
Page# 3

Permit: NC0041190 Owner-Facility: Kings Creek Elementary School
Inspection Date: 01/16/2013 Inspection Type: Compliance Sampling
Disinfection-Tablet Yes No NA NE
Is the contact chamber free of growth,or sludge buildup? ■ ❑ 0 n
Is there chlorine residual prior to de-chlorination? n n n ■
Comment: See summary.
De-chlorination Yes No NA NE
Type of system?
Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n
Is storage appropriate for cylinders? n o o ■
#Is de-chlorination substance stored away from chlorine containers? ❑ n n ■
Are the tablets the proper size and type? ■ n n n
Comment: The chemical tablets are not stored at facility. Contract operator brings
them as needed.
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 2
Comment:
Effluent Sampling
Yes No NA NE
Is composite sampling flow proportional? n o ■ o
Is sample collected below all treatment units? ■ n n n
Is proper volume collected? ■ n n n
Is the tubing clean? n 0 ■ n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? n ❑ ■ n
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ Cl n
Comment: See summary.
Page# 4

{
UGR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla III
i Governor Director Secretary
February 6, 2013
Joan Beck
Lynnbrook Estates Homeowners Assoc
43 Lynnbrook Way
Columbus NC 28722
SUBJECT: Compliance Sampling Inspection
Lynnbrook Estates WWTP
Permit No: NCO071005
Polk County
Dear Ms. Beck:
A Compliance Sampling ,Inspection was conducted on January 29, 2013 at the subject
treatment facility. Juanita James with James and James Environmental Management
was present during the inspection. The facility was found to be in Compliance with permit
NC0071005.
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.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: Central Files
Asheville Files
Juanita James
PO Box 1354
Mountain Home NC 28758
S:\SWP\Polk\Wastewater\Minors\Lynnbrook Estates 71005\CSI.Ltr.Jan2013.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 1,4oA 1Caroli 1a
Phone:[phone]\FAX:[phone] Naturally
Internet:www.ncwaterauality.org

I�i
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i�j

United States Environmental Protection Agency Form Approved.
E^� Washington,D.C.20460 OMB No.2040-0057
r on 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 5 111 121 I17 18I S I 19I S I 20I II I 5
Remarks
21111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA —-------------------------Reserved----------- --------
67I 169 70 13 I 71 I I 72 I N I 73 LU 74 751 111 11 Li
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)
01:00 PM 13/01/29 08/08/01
Lynnbrook Estates WWTP
NCSR 1135 Exit Time/Date Permit Expiration Date
Columbus NC 28722 01:45 PM 13/01/29 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
Contacted
Joan Beck,43 Lynnbrook Way Columbus NC 28722//828-859-6328/ Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 Sludge Handling Disposal N Facility Site Review N 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
Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/
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 1
3I NC0071005 111 12, 13/01/29 I17 18ISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Treatment facility is only servicing a few homes.
Samples were obtained:
BOD 4.9 mg/I
Fecal Coliform 1 col/100m1
TSS 6.8 mg/I
Page# 2

Permit: NCO071005 Owner-Facility: Lynnbrook Estates WWTP
Inspection Date: 01/29/2013 Inspection Type: Compliance Sampling
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? E n n Q
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ fl ❑
Judge,and other that are applicable?
Comment: pH ORC 7.3 s.u.
pH Inspector 6.9 s.u.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? n Cl n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? n n fl
Is the unit in good condition? n n n
Comment:
ram, Grease Removal Yes No NA NE
#Is automatic grease removal present? n n m n
Is grease removal operating properly? n n E n
Comment:
Aerobic Digester Yes No NA NE
Is the capacity adequate? 0 Cl n ❑
Is the mixing adequate? 0 fl n n
Is the site free of excessive foaming in the tank? 0 n n n
#Is the odor acceptable? 0 ❑ n fl
#Is tankage available for properly waste sludge? E n n fl
Comment: Mikes septic is contacted when needed for solids mgt. (-5yr)
Primary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? 0 n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? n ❑ ❑
Is the site free of weir blockage? ❑ o n
Is the site free of evidence of short-circuiting? n ❑
Page# 3

Permit: NCG050336 Owner-Facility: Consolidated Metco Inc
Inspection Date: 01/23/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Susan Wilson met Everett Lynch and Rick Linville at the ConMet site in Haywood County. Andrea Keller(DWM)was also
present during the inspection.
Most of the major components of the SWPPP were in place (although it needs to be updated). The site has some erosion
problems near and at the"basins"for Outfall 001. There is also significant erosion at the outfall pipes for 001. This was
discussed during the inspection and ConMet, as they expand with a new building,will work on grading of the site and
erosion control measures along the road and to Outfall 001. ConMet should consider some type of energy dissipation
below the outfall pipes at 001 to reduce erosion.
All drop inlets and their ultimate pathways should be evaluated and updated on the stormwater site map.
Outfall 002 (where the pipe actually goes)could not be located during the time of inspection. Mr. Everett will locate the
pipe and notify DWQ and/or send a picture of this outfall.
DWQ would recommend that ConMet develop some well defined Good Housekeeping practices. There is storage of
material outside-which seems to be blowing around the property and sometimes leaving the site. There is also litter near
the employee parking area. Litter was also noted at the outfall for 001.
Page: 2

Permit: NGG050336 Owner-Facility: Consolidated Metco Inc
Inspection Date: 01/23/2013 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? ■ ❑ ❑
#Does the Plan include a General Location(USGS)map? ■ n
#Does the Plan include a"Narrative Description of Practices"? ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ Q n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ n ❑
#Has the facility evaluated feasible alternatives to current practices? ■ ❑ 0 fl
#Does the facility provide all necessary secondary containment? ■ ❑ n Cl
#Does the Plan include a BMP summary? ■ Cl n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n ❑ Cl
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ 0 0
#Does the facility provide and document Employee Training? ■ 0 fl 0
#Does the Plan include a list of Responsible Party(s)? ■ ❑ Cl Q
#Is the Plan reviewed and updated annually? 0 ■ Q
#Does the Plan include a Stormwater facility Inspection Program? ■
nnn
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ n
Comment: The plan needs to be updated annuallly. ConMet has a plan in place and
is performing the major aspects of the plan - but it needs to be reviewed annually(and
documented that it is reviewed annually).
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ 0
Comment: Qualitative monitoring has been performed using ConMet's form. The
forms should more closely mimic DWQs qualitative monitoring forms (include scales).
However, the ConMet forms are very useful for the overall facility inspection.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ❑ ■ Cl
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 ❑ ■ 0
Comment: The facility is not required to perform analytical monitoring and does no
vehicle maintenance.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 0 0 n
#Were all outfalls observed during the inspection? ❑ ■ ❑ n
Page: 3

Permit: NCG050336 Owner-Facility: Consolidated Metco Inc
Inspection Date: 01/23/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
#If the facility has representative outfall status, is it properly documented by the Division? Q ❑ ■ 0
#Has the facility evaluated all illicit(non stormwater)discharges? 0 n ❑ 0
Comment: We walked the facility during the inspection. We could not access the
ultimate outfall for 002.
There are no floor drains in the facility; wastewater/cooling water goes to the sanitary
sewer.
Page: 4

f
R-CENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrary Charles Wakild, P.E. John Skvarla
Governor Director Secretary
February 6, 2013
Edwin Morrow, President
M-B Industries Inc
PO Box 1118
Rosman NC 28772-1118
SUBJECT: Compliance Evaluation Inspection
M-B Industries WWTP
Permit No: NC0000311
Transylvania County
Dear Mr. Morrow:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on January 10, 2013. No violations of permit requirements or applicable regulations were
observed during this inspection. Mr. Stafford is very knowledgeable about the system
and his assistance during the inspection is appreciated.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4658.
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Conrad Fitzgerald Stafford, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One
Phone:[phone]\FAX:[phone] NOl tllCalO/ll/sri�a
Internet:www.ncwaterguality.ora Natumll
S:\SWP\Transylvania\Wastewater\Industrial\M-B Industries 00311\NC0000311 CEI 2013.docx

NPDES yr/mo/day Inspection Type (cont.)
3 -NC0000311 111 12I 13/01/10 117 18I CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This facility's three outfalls include discharges from the following:
001 Physical/chemical treatment
002- Non-contact cooling water
003- Groundwater remediation
001 Outfall. Within the last year the facility has had multiple toxicity failures resulting in civil penalties.
Investigation conducted by the operator in the fall of 2012 has yielded a likely culprit in the form of ammonia
based cleaners entering the system through a floor drain. This practice of disposing concentrated cleaning
product to the floor drains has since ceased and additional ammonia samples were taken of the 001 effluent
to monitor the situation. Future toxicity testing will conclude if this is cause of the previous year's failures.
The inspector believes that the facility took the appropriate actions to discover and hopefully eliminate a
cause of the toxicity failure.
All of the parameters on the permit are grabs with the exception of the toxicity tests for outfalls 001 and 003;
these tests are composites.The facility discharges in batches and does not necessarily achieve a true
24-hour flow. It is the recommendation of the inspector that the facility reviews its sampling procedure for
the two toxicity tests and makes a request to change the sample type from a composite to a grab. The
facility may find that this would be beneficial and would result in a better representative sample of the
discharge.
The clarifier is at or near the age of its life expectancy; an evaluation should be conducted to determine if
rehabilitation or replacement of the clarifier would be the better course of action.
002 outfall. This outfall contributes very little to the overall discharge from the facility. The facility also has a
very good water recirculation and reuse procedure in place for the 001 and 002 outfalls resulting in an
overall reduction of flow actually discharged to West Fork of the French Broad.
003 outfall. The groundwater remediation air stripper appears to be operating well. During the inspection it
was observed that landscaping equipment and gas cans are being stored in the air stripper building.
Precaution should be used when storing this equipment in the same building as they have the potential to
interfere with the samples taken for the groundwater monitoring. As mentioned above it is the
recommendation of the inspector that the facility review its sampling procedure for the two toxicity tests and
make a request to change the sample type from a composite to a grab for both the 001 and 003 outfalls.
This facility is well operated and no violations of permit requirements or applicable regulations were
observed during this inspection. Mr. Stafford is very knowledgeable about the system and his assistance
during the inspection is appreciated.
Page# 2

Permit: NC0000311 Owner-Facility: M-B Industries WWTP
Inspection Date: 01/10/2013 Inspection Type: 'Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ 0 C1
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■ n
Is the facility as described in the permit? ■ n ❑ n
#Are there any special conditions for the permit? ■ n n n
Is access to the plant site restricted to the general public? ■ n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment: All of the parameters on the permit are grabs with the exception of the
toxicity tests for outfalls 001 and 003; these tests are composites. The facility
discharges in batches and does not necessarily achieve a true 24-hour flow. It is the
recommendation of the inspector that the facility reviews its sampling procedure for the
two toxicity tests and make a request to change the sample type from a composite to a
grab. The facility may find that this would be beneficial and would result in a better
representative sample of the discharge.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ Cl n n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ ❑ n n
Is the site free of evidence of short-circuiting? ■ n n 0
Is scum removal adequate? ■ n n f1
Is the site free of excessive floating sludge? ■ ❑ n n
Is the drive unit operational? ■ ❑ n n
Is the return rate acceptable(low turbulence)? n ❑ fl ■
Is the overflow clear of excessive solids/pin floc? ■ ❑ n n
Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) n n n ■
Comment: The clarifier is at or near the age of its life expectancy; an evaluation
should be conducted to
determine if rehabilitation or replacement of the clarifier would be the better course of
action.
Page# 3

Permit: NC0000311 Owner-Facility: M-B Industries WWTP
Inspection Date: 01/10/2013 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE '
Is right of way to the outfall properly maintained? 0 0 n
Are the receiving water free of foam other than trace amounts and other debris? ❑ 0
If effluent (diffuser pipes are required) are they operating properly? n Q 0
Comment: There were no observable impacts to the receiving stream. The facility also
has a very good water recirculation and reuse procedure in place for the 001 and 002
outfalls resulting in an overall reduction of flow discharged to West Fork of the French
Broad.
Page# 4

...,.-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla III
Governor Director Secretary
February 6, 2013
Hollis M. Fitch, President,The Flatiron Group
Westgate Terrace NC LLC
1511 Shopton Road,Suite H
Charlotte, NC 28217
Subject: Permit No.WQ0036356
Westgate Terrace NC LLC
Westgate Terrace Apartments
Wastewater Collection System Extension
Macon County
Dear Mr. Fitch;
In accordance with your application received January 18, 2013 we are forwarding herewith Permit
No.WQ0036356, dated February 6,2013,to Westgate Terrace NC LLC for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded,and shall be subject to the conditions and limitations as specified
therein.This cover letter and supplement shall be considered a part of this permit and are therefore
incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system
permit issued to the Permittee.
It shall be responsibility of the Westgate Terrace NC LLC to ensure that the as-constructed project meets
the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with
North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional
Engineer to the licensing board.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within 30 days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
F
NC 27699-6714. Unless such demands are made,this permit shall be final and binding.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone] FAX:[phone]
Internet:www.ncwaterauality-mg
An Equal Opportunity\Affirmative Action Employer

Westgate Terrace Apartments
WQ0036356
If you need additional information concerning this matter, please contact Jeff Menzel at(828)296-4500
or via e-mail at [e-mail]
Sincerely,
Al"
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Thomas A.Sherard,Site Design, Inc.
Macon County Building Inspections Department
Asheville Regional Office,Surface Water Protection Section
Town of Franklin WWTP NC0021547
Water Quality Central Files
PERCS(electronic copy)
S:\SWP\Macon\Collection SystemsTranklin Collection System\WQ0036356 Westgate.docx

4
ENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
Westgate Terrace NC LLC
Macon County
for the construction and operation of approximately 390 linear feet of 8-inch gravity sewer as part of the
Westgate Terrace Apartments project, and the discharge of 16,670gallons per day of collected domestic
wastewater into the Town of Franklin's existing sewerage system,pursuant to the application received
January 18,2013 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit..
F�
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
specified conditions and limitations contained therein.
Permit issued this the 6th day of February, 2013
for Charles Wdkild, P.E., Director
Division of Water Quality
By Authority of The Environmental Management Commission
Permit Number:WQ0036356
SUPPLEMENT TO PERMIT COVER SHEET
Westgate Terrace NC LLC is hereby authorized to:

Construct, and then operate upon certification the aforementioned wastewater collection extension.
The sewage and wastewater collected by this system shall be treated in the The Town of Franklin's
Wastewater Treatment Facility NPDES Permit No. NCO021547 prior to being discharged into the
receiving stream.
Permitting of this project does not constitute an acceptance of any part of the project that does not
meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically
mentioned herein. Division approval is based on acceptance of the certification provided by a North
Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to
ensure that the as-constructed project meets the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions.
STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to
change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to
the Division accompanied by documentation from the parties involved,and other supporting materials as may
be appropriate. The approval of this request shall be considered on its merits and may or may not be
approved.
2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer
Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting materials unless specifically mentioned herein.
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee
shall maintain compliance with an individual system-wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required, the
following performance criteria shall be met as provided in 15A NCAC 2T.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or
surface waters,and to prevent any contravention of groundwater standards or surface water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days
per year). Pump stations that are connected to a telemetry system shall be inspected at least once per
week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are
documented.

f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with
15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute
§143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least biannual
distribution of educational materials for both commercial and residential users and the legal means to
require grease interceptors at existing establishments. The plan shall also include legal means for
inspections of the grease interceptors, enforcement for violators and the legal means to control
grease entering the system from other public and private satellite sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual
distribution of grease education materials to users of the collection system by the permittee or its
representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this
Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment
accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years
with exception of the map,which shall be maintained for the life of the system.
5. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office,
telephone number (828)-296-4500, as soon as possible, but in no case more than 24 hours or on the next
working day,following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or
breakage,etc.;or
b. Any SSO and/or spill over 1,000 gallons;or
c. Any SSO and/or spill, regardless of volume,that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal
report. Overflows and spills occurring outside normal business hours may also be reported to the Division of
Emergency Management at telephone number [phone] or [phone]. Persons reporting any of
the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most
current Division approved form)within five days following first knowledge of the occurrence. This report must
outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form
CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond
control.
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt
service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface
waters of the State.
7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities,
the completed Engineering Certification form attached to this permit shall be submitted with the required
supporting documents to the address provided on the form. A complete certification is one where the form is

fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary
to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of
Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the
applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are provided as
applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines&force mains)
of the wastewater collection system extension. Final record drawings should be clear on the plans or on
digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated
with after construction information and show required buffers,separation distances, material changes,
etc.
b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating
point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest
past three year outage reliability option selected)for any pump stations permitted as part of this project.
c. Changes to the project that do not result in non-compliance with this permit,regulations,or the Minimum
Design Criteria should be clearly identified on the record drawings, on the certification in the space
provided,or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-
compliance with this permit (including pipe length increases of 10%or greater, increased flow, pump station
design capacity design increases of 5% or greater, and increases in the number/type of connections),
regulations,or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design
Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the
Minimum Design Criteria should be requested and approved during the permitting process prior to
construction. After-construction requests are discouraged by the Division and may not be approved, thus
requiring replacement or repair prior to certification&activation.
8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity
Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other
supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with
North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the
licensing board.
10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of
nuisance conditions,the Permittee shall take immediate corrective action,including those as may be required
by this Division,such as the construction of additional or replacement facilities.
11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules,
regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which
have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and
sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000,
and any requirements pertaining to wetlands under 15A NCAC 2B.0200 and 15A NCAC 2H .0500.

FAST TRACK ENGINEERING CERTIFICATION
,,mittee: Westgate Terrace NC LLC Permit No.WQ0036356
Project: Westgate Terrace Apartments Issue Date: 02/06/2013
Complete and submit this form to the permit issuing regional office with the following:
• One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater
collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD
disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction.
• Supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations
permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resultinq in non-compliance with this permit, regulations or
minimum design criteria. Modifications should be submitted prior to certification.
This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's
Certification and all required supporting documentation. Therefore, it is highly recommended that this certification
be sent in a manner that provides proof of receipt by the Division.
PERMITTEE'S CERTIFICATION
the undersigned agent for the Permittee, hereby state that this project has
been constructed pursuant to the applicable standards & requirements , the Professional Engineer below has
provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate &
maintain the wastewater collection system permitted herein or portions thereof.
Printed Name, Title Signature Date
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the subject project
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance of this
permit; 15A NCAC 02T;the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
Seal,signature, and date:
......._..........................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 U.S.Hwy 70
Swannanoa, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate
enforcement actions.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E: John E. Skvarla III
Governor Director Secretary
February 7, 2013
Charles David Stallings Jr.
500 Bo-Cove Road
Cullowhee NC 28723
Subject: Permit No.WQ0036357
Charles David Stallings Jr.
Utility Construction for Bridge#053
Wastewater Collection System Extension
Jackson County
Dear Mr.Stallings:
In accordance with your application received January 30, 2013 we are forwarding herewith Permit
No.WQ0036357, dated February 7, 2013, to Charles David Stallings Jr. for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter and supplement shall be considered a part of this permit and are therefore
incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system
permit issued to the Permittee.
It shall be responsibility of the Charles David Stallings Jr. to ensure that the as-constructed project
meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance
with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional
Engineer to the licensing board.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within 30 days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. Unless such demands are made,this permit shall be final and binding.
i
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone] FAX:[phone] �atuja[l j�
Intemet:www newaterquality.ong
An Equal Opportunity\Affirmative Action Employer

Charles David Stallings Jr.
WQ0036357
If you need additional information concerning this matter, please contact Jeff Menzel at(828) 296-4500
or via e-mail at [e-mail]
Sincerely,
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Lynn Mann, P.G.Vaughn and Melton Consulting Engineers
Jackson Building Inspections Department
Asheville Regional Office,Surface Water Protection Section
TWSA WWTP Plant#1 NCO039578
Water Quality Central Files
PERCS(electronic copy)
�i
S:\SWP\Jackson\Collection Systems\TWASA# 1 Collection System\WQ0036357 Utility Construction for Bridge 4053.docx

l r�-2'4'
o
aw rr
NCDENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
Charles David Stallings Jr.
Jackson County
for the construction and operation of a 56—gallon per minute pump station with duplex pumps, on-site
audible and visual high water alarms, telemetry, and a portable generator receptacle with telemetry; as
well as approximately 330 linear feet of 2-inch force main as part of the Utility Construction for Bridge
#053 project, and the discharge of3080 gallons per day of collected domestic wastewater into the TWSA
Plant #1 Wastewater Treatment Facility NPDES Permit No. NCO039578 existing sewerage system,
pursuant to the application received January 30, 2013 and in conformity with 15A NCAC 2T, the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
` Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
specified conditions and limitations contained therein.
Permit issued this the 7th day of February, 2013
for Charles W-akild, P.E., Director
Division of Water Quality
By Authority of The Environmental Management Commission
Permit Number:WQ0036357
SUPPLEMENT TO PERMIT COVER SHEET
�_ Charles David Stallings Jr. is hereby authorized to:

Construct, and then operate upon certification the aforementioned wastewater collection extension.
The sewage and wastewater collected by this system shall be treated in the TWSA Plant#1 Wastewater
Treatment Facility NPDES Permit No. NCO039578 prior to being discharged into the receiving stream.
Permitting of this project does not constitute an acceptance of any part of the project that does not
meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically
mentioned herein. Division approval is based on acceptance of the certification provided by a North
Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to
ensure that the as-constructed project meets the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions
I. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to
change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to
the Division accompanied by documentation from the parties involved,and other supporting materials as may
be appropriate. The approval of this request shall be considered on its merits and may or may not be
approved.
2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer
Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting materials unless specifically mentioned herein.
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee
shall maintain compliance with an individual system-wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required, the
following performance criteria shall be met as provided in 15A NCAC 2T.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or
surface waters,and to prevent any contravention of groundwater standards or surface water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency,
maintenance schedule spare q y, preventative
p parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days
per year). Pump stations that are connected to a telemetry system shall be inspected at least once per
week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are
documented. �,��

f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with
15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute
§143-215.1C.
h._ A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least biannual
distribution of educational materials for both commercial and residential users and the legal means to
require grease interceptors at existing establishments. The plan shall also include legal means for
inspections of the grease interceptors, enforcement for violators and the legal means to control
grease entering the system from other public and private satellite sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual
distribution of grease education materials to users of the collection system by the permittee or its
representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this
Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment
accessibility.
j. Documentation shall be kept for Subparagraphs (a)through (i)of this Rule for a minimum of three years
with exception of the map;which shall be maintained for the life of the system.
5. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office,
telephone number828-296-4500, as soon as possible, but in no case more than 24 hours or on the next
working day,following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or
breakage,etc.;or
b. Any SSO and/or spill over 1,000 gallons;or
c. Any SSO and/or spill, regardless of volume,that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal
report. Overflows and spills occurring outside normal business hours may also be reported to the Division of
Emergency Management at telephone number [phone] or [phone]. Persons reporting any of
the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most
current Division approved form)within five days following first knowledge of the occurrence. This report must
outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form
CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond
control.
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt
service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface
waters of the State.
7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities,
' the completed Engineering Certification form attached to this permit shall be submitted with the required
- supporting documents to the address provided on the form. A complete certification is one where the form is

fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary
to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of
Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the
applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are provided as
applicable. Supporting documentation shall include the following:
a_ One copy of the project construction record drawings (plan & profile views of sewer lines& force mains)
of the wastewater collection system extension. Final record drawings should be clear on the plans or on
digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated
with after construction information and show required buffers, separation distances, material changes,
etc.
b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating
point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest
past three year outage reliability option selected)for any pump stations permitted as part of this project.
c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum
Design Criteria should be clearly identified on the record drawings, on the certification in the space
provided,or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- .
compliance with this permit (including pipe length increases of 10%or greater, increased flow, pump station
design capacity design increases of 5% or greater, and increases in the number/type of connections),
regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design
Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the
Minimum Design Criteria should be requested and approved during the permitting process prior to
construction. After-construction requests are discouraged by the Division and may not be approved, thus
requiring replacement or repair prior to certification&activation.
8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity
Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other
supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with
North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the
licensing board.
10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of
nuisance conditions,the Permittee shall take immediate corrective action, including those as may be required
by this Division,such as the construction of additional or replacement facilities.
11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules,
regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which
have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and
sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000,
and any requirements pertaining to wetlands under 15A NCAC 2B.0200 and 15A NCAC 2H.0500.

FAST TRACK ENGINEERING CERTIFICATION
Permittee: Charles David Stallings Jr. Permit No.WQ0036367
Project: Utility Construction for Bridge#053 Issue Date: 07/02/2013
Complete and submit this form to the permit issuing regional office with the following:
• One copy of the project record drawings (plan & profile"views and detail drawings of sewer lines) of the wastewater
collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in
pdf format. Record drawings should indicate the design and the marked up changes during construction.
• Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)
or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part
of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum
design criteria. Modifications should be submitted prior to certification.
This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's
Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be
sent in a manner that provides proof of receipt by the Division.
PERMITTEE'S CERTIFICATION
1, the undersigned agent for the Permittee, hereby state that this project has
been constructed pursuant to the applicable standards & requirements the Professional Engineer below has
provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate &
maintain the wastewater collection system permitted herein or portions thereof.
Printed Name, Title Signature Date
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance of this
permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
Seal, signature, and date:
..................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 U.S. Hwy 70
Swannanow, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any
J wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate
enforcement actions.

i-
���'

t
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 7, 2013
Mr. Tom Furlong
Andale Data Center
1601 S. California Avenue
Palo Alto,CA 94304
Subject: Stormwater Management Plan Amendment—Approval
Andale Data Center
DWQ Project# 11-0737 [401 Water Quality Certification]
Rutherford County
BRD02/ Second Broad River/9-41-(12.7)/WS-V
Dear Mr. Furlong:
The Division of Water Quality has completed the review of the stormwater management plan amendment
associated with with the subject project listed above. This amendment entailed the addition of Wet Detention
Pond BMP6 to accommodate the building area referred to as FRC-4.
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 or amended application. All other conditions specified
in the 401 Water Quality Certification approved October 4, 2011 still apply.
Stormwater Management Plan Conditions:
1. The stormwater management system(including this amendment of the addition of Wet Detention
Pond BMP6), all stormwater conveyances,and the grading and drainage patterns depicted on the
amended plans and specifications submitted December 17,2012, as approved by this office must be
maintained in perpetuity.No changes to the structural stormwater practices shall be made without
written authorization from the Division of Water Quality. The stormwater management structures
shall have maintenance access for the ability to maintain the structures, and to perform corrective
actions.
2. The stormwater easements shall be recorded to provide protection of the structures from potential
alterations by future property owners. Documentation of the easements shall be made after
completion of the stormwater management system or by November 30, 2013. The Asheville
Regional Office- Surface Water Protection Section shall be notified after completion of the
easement documentation.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] No thCaxol.lna
Internet:www.ncwaterquality.org
An Equal Opportunity`,Affirmative Action Employer
����

Tom Furlong
February 7,2013
Page 2 of 2
3. Operation and Maintenance(O&M)Agreements shall be signed and notarized after completion of
the stormwater management system or by November 30,2013. However, Andale Data Center
representatives must comply with the requirements of the 0&M Agreements immediately upon
completion of the storrawater management system. Copies of the signed and notarized O&M
Agreements shall be submitted to the Asheville Regional Office—Surface Water Protection Section.
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 amended 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 amended plan by the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office
at(828) 296-4500 or at susan.a.wilsonna ncdenr ;ov .
Sincerely,
Charles`Wakild,P.E., Director
CWlsaw �.
Eric: Stormwater Management System Plan Amendment
cc: WBSCP Unit
File Copy
Greg Hoffman—McGill (e-copy)
S:\SWP\Rutherford\401s\Non-DOT\Andale\Andale BMP Amendment 1 2013\APRVL Amendment BMP6 2 2013.doe
j

....�. A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 8,2013
Madison County
DWQ Project 20130078V.2 -
NCSR 1169(Caldwell Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.J. J. Swain,Jr.,P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina,28802
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below,for the following impacts in Caldwell Branch and
in an unnamed tributary of Caldwell Branch for the purpose of widening and making improvements to NCSR 1169
(Caldwell Road)in Madison County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Stream Permanent Temporary Total Stream
in Intermittent Relocation Fill in Impacts in Stream Impacts
Stream(linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Site 1 0 0 10 15 25 0
Site 2 0 0 10 15 25 0
Total 0 1 0 J 10 1 15 25 0
Total Permanent Stream Impacts for Project: 20 lin.ft.Total Temporary Stream Impacts for Project:30 linear ft.
The project should be constructed in accordance with your application dated February 6, 2013 (received February 6,
2013), 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 No. 3886, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1'
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone]t FAX:[phone]
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity t Affirmative Action Employer

Mr.J.J. Swain,Jr.,P.E. \
February 8, 2013
Page Two
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
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. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall
be removed and the natural grade restored upon completion of the project.
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, anc'�
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
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. -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.
5. This project has the potential to impact trout waters. No construction activities shall begin until the NCWRC makes a
determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the
requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the
moratorium,then a written modification shall be requested.

Mr. J.J. Swain,Jr., P,E.
February 6,2013
Page Three
6. 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 pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
7. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to
(HQW)waters.However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B
.0124(a)regarding the maximum amount of uncovered acres. 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 exception. 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 or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
!` 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.

Mr.J. J. Swain,Jr., P.E.
February 6,2013
Page Four
18.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
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. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
21. 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.
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
23. 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.
24. 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.
25. 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.
26. 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.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
28. 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.
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.
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.

Mr.J. J. Swain,Jr.,P.E.
February 6,2013
Page Five
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,
harles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
130078V.2(Swain)NCSR 1169 Caldwell Road

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
<- Governor Director Secretary
February 8, 2013
Steve Wilson
Unimin Corporation
7638 NC Hwy 2265
Spruce Pine NC 28777
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Unimin Corporation Quartz Operation
Permit No: NCG020793
Mitchell County
Dear Mr. Wilson:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
January 9, 2013. The facility was found to be in compliance with permit NCG020793.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828)296-4653 or linda.wiggs a ncdenr.gov,if I can be of any further
`- assistance.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Mitchell\Stormwater\NCG02 MiningWrlimin\Hawkins-Quartz\Jan 2013 visit\CELLtcJan2013.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 7
Phone:828-296A500\FAX:[phone] No ffiCa Qlina
Internet:www.ncwaterquality.org ¢ y���/
An Equal Opportunity i Affirmative Action Employer 4 L l

Compliance Inspection Report
Permit: NCG020793 Effective: 09/02/11 Expiration: 12/31/14 Owner: Unimin Corporation
- SOC: Effective: Expiration: Facility: Unimin Corporation Quartz Operation
County: Mitchell 7638 NC Hwy 226 S
Region: Asheville
Spruce Pine NC 28777
Contact Person: Jeffrey S Ferguson Title: Environmental Engineer Phone: [phone] Ext.13
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/09/2013 Entry Time: 11:30 AM Exit Time: 12:30 PM
Primary Inspector: Linda S Wiggs ' Phone: [phone]
Ext.4653
Secondary Inspector(s):
Timothy R Fox Phone:
l
Reason for Inspection: Follow-up 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: NCG020793 Owner-Facility: Unimin Corporation
Inspection Date: 01/09/2013 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
The facility has done a nice job making improvements to their haul road to reduce runoff. They have installed a new
ditchline with check dams. It is important that this measure be maintained and that maintenance on the road (scraping)
does not isolate flows from getting to the ditchline. Also, ongoing maintenance at the lower curve in the road to avoid
gullying will be needed.
Unimin is continuing to evaluate methods to further reduce turbidity with added settling measures in their basins as well
as options along roadsides and exposed slopes. Dicussions with DWQ to further improve erosion and turbidity include
the use of approved chemicals and the installation of turbidity curtains.
At the request of DWQ (letter dated June 6,2013)Unimin has been performing additional turbidity monitoring. This
additional sampling is no longer requested of Uhimin.Although at Unimins discretion, continued sampling of the East and
West tributaries may be beneficial to evaluate effectiveness of measures.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? 0 n n n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n 0 n
Comment: Facility has performed extra monitoring of outfalls. Facility has also
gathered instream turbidity data and has been sharing that with DWQ via email.. See
summary.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ n 0
#Were all outfalls observed during the inspection? n E Cl n
#If the facility has representative outfall status, is it properly documented by the Division? n n ■
#Has the facility evaluated all illicit(non stormwater)discharges? n n n
Comment: All outfalls were not observed. This inspection is a follow up inspection for
certain outfalls. Two outfalls were observed: HAW 4 and the outfall that receives runoff
from the haul road area shared with Feldspar(Quartz) Co. See summary.
Page: 2

NMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 8, 2013
Peggy Dortch
The Feldspar Corporation
PO Box 99
Spruce Pine NC 28777
SUBJECT: NPDES Stormwater Permit Compliance Inspection
The Feldspar Corporation-ALTAPASS
Permit No: NCG020818
Mitchell County
Dear Ms. Dortch:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
January 9,2013. The facility was found to be in compliance with permit NCG020818.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact*rne at(828) 296-4664 or Tim.FoxAncdenr.yov, if I can be of any further assistance.
Sincerely,
A
Tim ox
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Mitchell\Stonnwater\NCG02 MiningTeldspar-Quartz\Altapass\CEI_Quartz Altapass 01.09.13.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone] NOrthCarollna
Internet:www,ncwaterquaiity.org ll�/atur
An Equal Opportunity,Affirmative Action Employer (f [t l t�

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Compliance Inspection Report
Permit: NCG020818 Effective: 04/27/12 Expiration: 12/31/14 Owner: The Feldspar Corporation
SOC: Effective: Expiration: Facility: The Feldspar Corporation-ALTAPASS
County: Mitchell 530 Altapass Rd
Region: Asheville
Spruce Pine NC 28777
Contact Person: Peggy Dortch Title: Phone: [phone]
Directions to Facility:
Hwy 19E to Altapass Hwy
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/09/2013 Entry Time: 02:30 PM Exit Time: 04:00 PM
Primary Inspector: Timothy R Fox . Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: IN Compliant [1 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG020818 Owner-Facility: The Feldspar Corporation
Inspection Date: 01/09/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Chuck Cranford and Linda Wiggs with DENR DWQ and Peggy Dortch, Environmental Manager, with The Quartz Corp
USA were present at the time of inspection.
We did not tour the entire facility.
We toured the tailings tank area and the tailings storage/handling area.
Maintenance of basins had been completed and observed in both areas. New access had been constructed
to#6 location and brush had been cut back from outlet of SDO#5.
We discussed future improvements and operations near the river and bridge area. This area has tight space constraints
including limited buffer space and an access roadway. We discussed the importance of providing good house keeping
conditions in this area. We also discussed the potential for pavement of this area in the future.
Continue to monitor,maintain, and evaluate these areas in the future.
Page: 2

Permit: NCG020818 Owner-Facility: The Feldspar Corporation
Inspection Date: 01/09/2013 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 n ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? n n n ■
#Does the Plan include a list of significant spills occurring during the past 3 years? n 0 n ■
#Has the facility evaluated feasible alternatives to current practices? n n D ■
#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 n ■
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? Cl ❑ ❑ 7
#Does the facility provide and document Employee Training? n n n ■
#Does the Plan include a list of Responsible Party(s)? n 0 n ■
#Is the Plan reviewed and updated annually? n n n ■
#Does the Plan include a Stormwater Facility Inspection Program? n ❑ n ■
Has the Stormwater Pollution Prevention Plan been implemented? n ❑ n ■
Comment: This site inspection was conducted to review and discuss issues and
concerns stated in the May 15, 2012 inspection report.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ fl ❑ n
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ n n n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ 0 ❑ ■
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? n ❑ n ■
#Were all outfalls observed during the inspection? n ■ n n
#If the facility has representative outfall status, is it properly documented by the Division? ❑ n ■
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ n ❑ ■
Comment:
Page: 3

�.:_�
� J

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 12, 2013
Anthony Staley, General Manager
Horsehead Corporation
4955 Steubenville Pike, Ste #405
Pittsburgh PA 15205
Subject: Permit No. WQ0036363 Pump and Haul
Horsehead Corporation
Wastewater Collection System Extension
Rutherford County
Dear Mr. Staley:
In accordance with your application received February 1, 2013 we are forwarding herewith
Permit No.WQ0036363, dated February 12, 2013, to the Horsehead Corporation for the
construction and operation of a sewage pump and haul system to serve the Horsehead
Corporation Administrative Building until such time as access to permanent sewer is available.
This permit shall be effective from the date of issuance until August 12, 2013 and shall be
subject to the conditions and limitations as specified therein.This cover letter and supplement
shall be considered a part of this permit and are therefore incorporated therein by reference.
Please pay particular attention to the monitoring requirements in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational
information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable to
you, you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. The request must be in the form of a written petition,
conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714. Unless such are
made,this permit shall be final and binding.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna
Phone:[phone] FAX:[phone] a?Qtut,Q`/�
Internet:www.ncwaterguality.orq� �/V l
An Equal Opportunity!Affirmative Action Employer

February 12, 2013
Page Two
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4500 or via e-mail at [e-mail]
Sincerely,
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Rutherford County Building Inspector
ARO, Surface Water Protection WWTF Permit No. NCO089109
The Town of Columbus WWTP NCO021369
David Odom, P.E. Odom Engineering
Surface Water Protection Section Central Files
PERCS Files (efile)
S:\SWP\Rutherford\Wastewater\Industrial\Horsehead 89109\WQ0036363 Pump and Haul.doc

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WASTEWATER PUMP AND HAUL PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the
Horsehead Corporation
Rutherford County
for the operation of to serve the Horsehead Corporation Adminstrative Building with no
discharge of wastes to the surface waters, pursuant to the application received February 1,
2013 and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until August 12, 2013, and shall
be subject to the following specified conditions and limitations:
l;
1. This permit shall become voidable unless the subject pump and haul activities are
carried out in a manner which has been approved by this Division.
2. This permit is effective only with respect to the nature and volume of wastes described
in the application and other supporting.data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for a change in facility
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an application fee,
documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or
may not be approved.
5. No type of wastewater other than that from Horsehead Corporation Administrative
Building shall be included in the pump and haul activities.
6. The permit shall become voidable unless the agreement between All Bright Sanitation
INC NCS00795, and the Horsehead Corporation for the collection,transportation, and
r,: ultimate disposal of the wastewater is in full force and effect.

7. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall cease operation of all pump and haul activities '
and take such immediate corrective action as may be required by this Division.
8. This Pump and Haul Permit shall not be renewed.
9. The sewage and wastewater collected by this system shall be treated in the Town of
Columbus NC0021369 prior to being discharged into the receiving stream.
10. The Asheville Regional Office, telephone number 828/296-4500, shall be notified at least
forty-eight (48) hours in advance of operation of the pump and haul activities so that an
in-place inspection may be made. Such notification to the regional supervisor shall be
made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through
Friday, excluding State Holidays.
11. The Permittee is liable for any damages caused by a spill or failure of the pump and haul
operations.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
13. The Permittee or his designee shall inspect the collection facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead
to the release of wastes to the environment, a threat to human health, or a nuisance.
The Permittee shall keep an inspection log or summary including at least the date and
time of inspection, observations made, and any maintenance, repairs, or corrective
actions taken by the Permittee. This log of inspections shall be maintained by the
Permittee for as long as the pump and haul activities are being conducted and shall be
made available upon request to the Division of Water Quality or other permitting
authority.
14. Any duly authorized officer, employee, or representative of the Division of Water
Quality may, upon presentation of credentials, enter and inspect any property, premises
or place on or related to the collection facilities at any reasonable time for the purpose
of determining compliance with this permit; inspect or copy any records that must be
kept under the terms and conditions of this permit; and may obtain samples.
15. An accurate record of the monthly pump and haul activities must be maintained by the
Permittee, indicating:
a) date wastewater is removed from the facility,
b) name of facility from which wastewater is removed,
c) name of facility receiving wastewater,
d) volume of wastewater removed, and
e) status of permanent disposal option. \�

These records shall be submitted to the Asheville Regional Office on or before the
fifteenth (15) day of the following month.
16. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to an enforcement action by the Division of Water Quality in accordance
with North Carolina General Statute 143-215.6.
17. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances which may be imposed by other
government agencies (local, state and federal) which have jurisdiction.
18. The Permittee shall provide for the installation and maintenance of an audible and
visual highwater alarm.
19. A leakage test shall be performed on the septic tank and dosing tank to insure that any
exfiltration occurs at a rate which does not exceed twenty (20) gallons per twenty-four
(24) hour per 1,000 gallons of tank capacity. The engineer's certification will serve as
proof of compliance with this condition.
20. A copy of the approved plans and specifications shall be maintained on file by the
f Permittee for the life of the project.
21. Non-Compliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, at telephone
number 828/296-4500, as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of any
of the following:
a. Any process unit failure, due to known or unknown reasons, that render the
facility incapable of adequate wastewater treatment such as mechanical or
electrical failure of pumps. aerators, compressors, etc.
b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence. This report must
outline the actions taken or proposed to betaken to ensure that the problem does not
recur.
22. Upon completion of construction and prior to operation of the subject pump and haul

activities, a certification must be received from a professional engineer certifying that
the permitted facilities have been installed in accordance with this permit, the approved
plans and specifications. Mail the certification to the Division of Water Quality-Surface
Water Protection Section, US Highway 70, Swannanoa, NC 28778
23. The annual administering and compliance fee must be paid by the Permittee within
thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may
cause the Division to initiate action to revoke this permit as specified by 15 NCAC
2T.0105 (e)(2).
Permit issued this the 12th day of February, 2013
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
s
for Charles Mkild, P.E., Director
Division of Water Quality
By Authority of The Environmental Management Commission
Permit Number: WQ0036363

FAST TRACK ENGINEERING CERTIFICATION
Permittee: Horsehead Corporation Permit No.WQ0036363
Project: Horsehead Corporation Pump and Haul Issue Date: 02/12/2013
Complete and submit this form to the permit issuing regional office with the following:
• One copy of the project record drawings(plan & profile views and detail drawings of sewer lines) of the wastewater
pump and haul. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf
format. Record drawings should indicate the design and the marked up changes during construction.
• Supporting design calculations (selected pumps, .system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations
permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria Modifications should be submitted prior to certification.
This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's
Certification and all required supporting documentation. Therefore it is highly recommended that this certification
be sent in a manner that provides proof of receipt by the Division.
PERMITTEE'S CERTIFICATION
1, the undersigned agent for the Permittee, hereby state that this project has
been constructed pursuant to the applicable standards & 'requirements , the Professional Engineer below has
provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate &
maintain the wastewater collection system permitted herein or portions thereof.
Printed Name,Title Signature Date
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
1, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the subject project
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance of this
permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
Seal,signature, and date:
.............................................................................
SEND THIS FORM&SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
SWANNANOA 2090 U.S. HWY 70
SWANNANOA, NC 28778
....................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate
enforcement actions.

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 13,2013
Haywood County
DWQ Project 20130113
TIP No.K5002
US 23-74 Rest Area
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J. Thorpe,Ph.D.,Manager
Project Development and Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service center Webster Road
Raleigh,North Carolina, 27699
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below,for the following impacts in an unnamed tributary
to Richland Creek for the purpose of building a new rest area adjacent to US Highway 23-74 in Haywood County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Streambank 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 1 0 15 39 13 67 0
Total 1 0 1 15 1 39 1 13 1 67 0
Total Permanent Stream Impacts for Project: 54 lin.ft.Total Temporary Stream Impacts for Project: 13 linear ft.
The project should be constructed in accordance with your application dated January 30, 2013 (received February 5,
2013), 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 No. 3885, 3891 and 3893
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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE On.,u1e,1,
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl Carohna.
Phone: 6 45001FAX�828299-7043
Internet: www.ncwaterualiorg vR htm"ly
An Equal Opportunity 1 Affirmative Action Employer

Dr. Gregory Thorpe,Ph.D.
February 13,2013
Page Two
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
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. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
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, an'--,
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Contro-t—,
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
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. 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.
5. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
October 15 through April 15 to protect the egg and fiy stages of trout.
6. 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,WSH)stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to '-J
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.

Dr. Gregory Thorpe,PhD.
February 13,2013
Page Three
7. The permittee shall use/Design Standards in Sensitive Watersheds/[I5A NCAC 4B.0 124(a)-(e)] in areas draining to
(HQW)waters.However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B
.0124(a)regarding the maximum amount of uncovered acres. 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 exception. 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 or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
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.

Dr. Gregory Thorpe,PhD.
February 13,2013
Page Four
20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
21. 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.
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
23. 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.
24. 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.
25. 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.
26. 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.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours o/
discovery.
28. 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.
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.
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.
`�J

Dr. Gregory Thorpe,PhD.
February 13,2013
Page Five
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,
Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
130113(Thorpe)US 23-74 TIP No.K-5002

wA74JL.
NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla III
Governor Director Secretary
February 13,2013
Lee Smith,Director Utilities
City of Hendersonville
PO Box 1670
Hendersonville NC 28793
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0040
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 Reports submitted by 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 violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) DATE Sanitary Sewer Overflow Discharge
Without Valid
Permit
New Hope Rd 01/17/2013 3,000 gallons(UT Bat Fork) Severe Natural
DWQ Incident#201300154 Condition
Greenville Hwy&Joel Wright 01/17/2013 840 gallons(Mud Crk) Severe Natural
DWQ Incident#201300155 Condition
New Hope Rd 01/17/2013 600 gallons(UT Bat Fork) Severe Natural
DWQ Incident#201300153 Condition
S.King St 01/17/2013 375 gallons(Mud Crk) Severe Natural
DWQ Incident#201300152 Condition
J�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 _ NOrthCarolina
Phone:[phone]\FAX:[phone] Naturallff
Internet:www.newaterguality.org

Page Two
City of Hendersonville
February 13,2013
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 Linda Wiggs at 828-296-
4500.
Sinely,
r, f
Chuck Cranford,Regi Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
S:\SWP\Henderson\Collection Systems\Hendersonville CS\N0V-2013-DV-0040.SS0.doc

RMENR
North Carolina Department of Environment and Natural`Resources
Division of Water Quality
Pat McCrory Charles Wakild; P. E. John E. Skvarla III
Governor Director Secretary
February 13,2013
Thomas E Hartye,PE
Metropolitan Sewerage District of Buncombe County North Carolina
2028 Riverside Dr
Asheville NC 28804
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0037
Permit No. WQCS00004
Metropolitan Sewerage District
MSD Buncombe County Collection System
Buncombe County
Dear Mr Hartye:
A review has been conducted of MSD Buncombe County Collection System's self reported Sanitary Sewer
Overflows(SSO's)5-Day Report submitted by Metropolitan Sewerage District of Buncombe County
North Carolina. This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00004 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) 01/17/2013 Sanitary Sewer Overflow Discharge
Without Valid
Permit
DWQ Incident#201300132 1/17/2013 62,500 gallons Severe Natural
2028 Riverside Dr. French Broad River Condition
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 have any questions,please do not hesitate to contact Linda Wiggs at 828-296-4500.
Sincerely, 1
` J
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit S:\SWP\Buncombe\Collection Systems\MSD Collection System WQCS00004WOV-2013-DV-0037.SSO.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone]\FAX:[phone] �atu1,al[�
Internet:www.newaterauality.org

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E.Skvarla Ili
Governor Director Secretary
February 13, 2013
Radford L. Thomas, Director Public Utilities
City of Lenoir
PO Box 958
Lenoir NC 28645
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0038
Permit No. WQCS00035
City of Lenoir
Lenoir Collection System
Caldwell County
Dear Mr Thomas:
A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Reports submitted by City of Lenoir. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit
WQCS00035 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below.
Area Violation Date Description Violation
Type
CSO/SSO (Sewer Sanitary Sewer Overflow Discharge
Overflow) Without Valid
Permit
DWQ Incident#201300281 33,368 gallons Severe natural
Manhole behind Kimbrells O1/15/2013 Zacks Fork Condition
DWQ Incident#201300120 50,910 gallons Severe natural
Manhole behind Kimbrells O1/17/2013 Zacks Fork Condition
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.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone] J►�a�urR �
Internet:www.newaterguality.org �/V `L

Page Two
City of Lenoir
February 13,2013
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 Linda '
Wiggs at 828-296-4500.
Sincerely,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
S:\SWP\Caldwell\Collection Systems\Lenoir Collection System\N0V-2013-DV-0038.SS0.doc
i

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P. E. John E. Skvarla III
Governor Director Secretary
February 13,2013
John Condrey,City Manager
Town of Forest City
PO Box 728
Forest City NC 28043
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0039
Permit No. WQCS00050
Town of Forest City
Forest City Collection System
Rutherford County
Dear Mr. Hoyle:
A review has been conducted of Forest City Collection System's self reported Sanitary Sewer Overflows
(SSO's)5-Day Reports submitted by 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-
j 215.1(a)(1). The violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 01/17/2013 Sanitary Sewer Overflow Discharge
Without Valid
Permit
DWQ Incident#201300145 1/17/2013 646,300 gallons Severe Natural
Brackett Crk Lift Station Brackett Crk Condition
DWQ Incident#201300144 1/17/2013 100,600 gallons Severe Natural
Dogwood Pump Station UT Second Broad River Condition
DWQ Incident#2013001318 1/17/2013 30,300 gallons Severe Natural
Alexander Pump Station Brackett Crk Condition
1/17/2013 Severe Natural
DWQ Incident#201300143 7,600 gallons
Pointer Pump Station Brackett Crk Condition
1/17/2013 Severe Natural
DWQ Incident# 201300141 6,700 gallons
Erwin Pump Station UT Second Broad River Condition
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
NorthCarolina
Phone:[phone]\FAX:[phone] �l,R//
Internet:www.ncwateroualitv.oro �/V a'atli'I,

Page Two
Town of Forest City
February 13,2013
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 Linda Wiggs at 828-296-
4500.
Sincerely,
1.7
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
S:\SWP\Rutherford\Collection Systems\Forest City Collection System\NOV-2013-DV-0039.SSO.doe

N DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
_! Pat McCrory Charles Wakild,P.E. John E. Skvarla, III
Governor Director Secretary
February 13, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 087 22377
Mr. Marcus Jones
Henderson County Utilities
100 N. King Street, Suite 210
Hendersonvlle,North Carolina 28792
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 PermitNCO086070
Henderson County Utilities
Western Justice Academy WWTP
Case No. LV-2013-0024
Henderson County
Dear Mr. Jones:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$237.00
($100.00 civil penalty+ $137.00 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 June 2012.
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
June 2012 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Henderson County Utilities:
One
or NthCarolina
y �aturattr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.newaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0086070, by discharging wastewater into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
$100.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$237.00 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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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.
Since
r y,
Chuck Cr ford,Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachmentsi
DWQ Central Files w/attachments
Mark Jones/ORC
S.'rSWP\ endersodiWastewater Minors;Western Justice Academy 860 fALN-2013-0024.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0024 County: Henderson
Assessed Party: Henderson County Utilities/Western Justice Academy WWTP
Permit No.: NC0086070 Amount Assessed: $237.00
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:

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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. : NCO086070 ) FILE NO. LV-2013-0024
Having been assessed civil penalties totaling $237.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 13, 2013,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
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 13, 2013
Jackson County
DWQ Project 20130128
Bridge No. 251
NCSR 1389(Herron Branch Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval,in accordance with the conditions listed below,for the following impacts in the East Fork Dicks
Creek.for the purpose of replacing Bridge No. 251 with 62-foot long by 27-foot wide,concrete cored slab bridge on
NCSR 1389(Herron Branch Road) in Jackson County:
Stream Impacts in the Little Tennessee River Basin
Site Temporary Fill Excavation of Permanent Temporary Total Stream
In Intermittent Streambank Fill in Impacts in Stream Impacts
Stream and Rip rap Perennial Perennial Impact Requiring
(linear ft) Streambank Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft linear ft
Site 1 0 65 0 90 155 0
Total 0 65 1 0 90 155 0
Total Permanent Stream Impacts for Project: 65 lin. ft.Total Temporary Stream Impacts for Project: 90 linear ft.
The project should be constructed in accordance with your application dated February 11, 2013 (received February 11,
2013), 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 No. 3883, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 3. hi 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
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE On..li1e�t,
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOt Carohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www,ncwaterquality.org Aaharally
An Equal Opportunity 1 Affirmative Action Employer

Mr.J.B. Setzer,P.E.
February 13,2013
Page Two
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 214 .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
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 thc, -
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. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities
shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If
NCDOT does not wish to honor the moratorium,then a written modification shall be requested.
5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to
trout waters.However, due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)
regarding the maximum amount of uncovered acres. 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 exception. 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 or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.

ter. J.B. Setzer,P.E.
February 13, 2013
Page Three
6. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
7. 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.
8. 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 Stormwater Best Management Practices.
9. 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.
10. 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.
11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
23. 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.
24. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
tf certification.
25. 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.

Mr.J.B.Setzer,P.E.
February 13,.2013
Page Four
26. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
27. 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.
28. 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.
29. 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.
30. 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.
31. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
32. 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.
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.
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,
Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20130128(Setter)Bridge 251 NCSR 1389(Herron Branch Road)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild;P.E. John E.Skvarla III
- Governor Director Secretary
February 13, 2013
Donald R. Cooper
Cooper Riis Inc
PO Box 416
Mill Spring NC 28756
SUBJECT: Deemed Collection System Inspection
Cooper Riis Healing Farm
Deemed WQ No: WQCSD0362
Polk County
Dear Mr. Cooper:
Enclosed please find a copy of the Deemed Collection System Inspection form. The
Deemed Collection System Inspection was conducted on January 29, 2013. Juanita
James with James and James Environmental Management was present during the
inspection. The facility was found to be in Compliance with permit WQCSD0362.
Please refer to the enclosed inspection report for additional observations and comments.
There are a couple of items noted in the report that need your attention. If you or your
staff have any questions, please call me at 828-296-4500.
Sincerely,
/,-� �
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: Central Files
Asheville Files
Juanita James
PO Box 1354
Mountain Home NC 28758
S:\SWP\Polk\Wastewater\Minors\CooperRiis Healing Farm 87122\Collection-Deemed\CEI.ItrdeemedCS.Jan2013.doc
i
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCaro/fi/na
Phone:[phone]\FAX:[phone] ;VahtrQLL j/
Internet:www ncwaterguality.or_q

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Compliance Inspection Report
Permit: WQCSD0362 Effective: 09/15/08 Expiration: Owner: Cooper Riis Inc
SOC: Effective: Expiration: Facility: Cooper Riis Healing Farm
County: Polk 101 Healing Farm Ln,,
Region: Asheville
Mill Spring NC 287565808
Contact Person: Donald R Cooper Title: Chairman Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/29/2013 Entry Time: 02:00 PM Exit Time: 02:40 PM
Primary Inspector: Linda S Wiggs dW Phone: [phone]
Ext.4653
Secondary Inspectors):
Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling
Permit Inspection Type: Deemed permitted collection system management and
operation
Facility Status: ■Compliant ❑ Not Compliant
Question Areas`:
Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records
Inspections Pump Station Manhole Lines
(See attachment summary)
l�
Page: 1

Permit:WQCSD0362 Owner-Facility: Cooper Riis Inc
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
i
Inspection Summary:
This is a deemed collection system that is all gravity flow.
The following questions may or may not be applicable to this system. NA stands for Not Applicable and NE stands for Not
Evaluated.
The communication in place between the owner and the wastewater treatment plant operator appear to be satisfactory at
maintaining the collection system. See questions below for comments and recommendations.
Page: 2

Permit: WQCSD0362 Owner-Facility: Cooper Riis Inc
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? Cl n n
What educational tools are used?
** There is a grease trap onsite.Operator in Responsible Charge(ORC James and James)will notify the
owner if grease is a problem at Wastewater Treatment Plant(WWTP)so the owner can address kitchen staff.
**Grease trap shall be pumped on a schedule determined by ORC and owner to avoid grease problems at
WWTP.
Is Sewer Use Ordinance/Legal Authority available? n In m n
Does it appear that the Sewer Use Ordinance is enforced? n n
Is Grease Trap Ordinance available? n n n
Is Septic Tank Ordinance available(as applicable,i.e.annexation) n n n
List enforcement actions by permittee, if any,in the last 12 months
Has an acceptable Capital Improvement Plan (CIP)been implemented? n n ■ n
Does CIP address short term needs and long term\"master plant"concepts? Q ❑ ■ n
Does CIP cover three to five year period? n n n
Does CIP include Goal Statement? n n n
Does CIP include description of project area? ❑ n n
Does CIP include description of existing facilities? n n n
Does CIP include known deficiencies? n n n
Does CIP include forecasted future needs? n n n
Is CIP designated only for wastewater collection and treatment? n ❑ ■ n
Approximate capital improvement budget for collection system?
Total annual revenue for wastewater collection and treatment?
CIP Comments
**ORC will keep owner abreast of maintenance needs for WWTP.
Is system free of known points of bypass? n n n
If no,describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations? rl ■ n
13
(- #Does the sign include:
Instructions for notification? n ■ n n
Page: 3

Permit: WQCSD0362 Owner-Facility: Cooper Riis Inc
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Pump station identifier? n n 0 n
24-hour contact numbers n 0 n n
If no, list deficient pump stations
"The collection system is all gravity.
"*However,the EQ basin has pumps.ORC will put sign at WWTP for proper notification. This property
always has someone onsite.
#Do ALL pump stations have an"auto polling"feature/SCADA? n n n
Number of pump stations
Number of pump stations that have SCADA
Number of pump stations that have simple telemetry
Number of pump stations that have only audible and visual alarms
Number of pump stations that do not meet permit requirements
#Does the permittee have a root control program? n n m n
#If yes,date implemented?
Describe:
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? N n n n
Are records available that document pump station inspections? ❑ n n
Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ n n
Are non-SCADA/telemetry equipped pump stations inspected every day? n n n
Are records available that document citizen complaints? n n n
#Do you have a system to conduct an annual observation of entire system? n n E n
#Has there been an observation of remote areas in the last year? n n ■ n
Are records available that document inspections of high-priority lines? n ❑ ■ n
Has there been visual inspections of high-priority lines in last six months? n n 0 n
Comment:
**If repairs are performed they are documented in the ORC WWTP log book.
**It is recommended that manhole covers be removed annually for a visual inspection.
Operation&Maintenance Requirements Yes No NA NE
Are all log books available? n n Q
Page: 4

Permit: WQCSD0362 Owner Facility: Cooper Riis Inc
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Does supervisor review all log books on a regular basis? n Q n ■
Does the supervisor have plans to address documented short-term problem areas? n n ■
What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas?
"The log book is the WWTP ORC log book. If maintenance is needed anywhere in the system the ORC
would be in direct contact with owner.
Are maintenance records for equipment available? In n n ■
Is a schedule maintained for testing emergency/standby equipment? ■ n n
What is the schedule for testing emergency/standby equipment? Performed by
subcontractor.
Do pump station logs include:
Inside and outside cleaning and debris removal? n n ■ n
Inspecting and exercising all valves? n n ■ n
Inspecting and lubricating pumps and other equipment? n n ■ n
Inspecting alarms,telemetry and auxiliary equipment? n n ■
Is there at least one spare pump for each pump station w/o pump reliability? Cl n ■ n
■
Are maintenance records for right-of-ways available? nn n
Are right-of-ways currently accessible in the event of an emergency? ■ n n n
Are system cleaning records available? n ■ n n
Has at least 10%of system been cleaned annually? n ■ C) [1
What areas are scheduled for cleaning in the next 12 months?
Is a Spill Response Action Plan available? n ■ D n
Does the plan include:
24-hour contact numbers In n n ■
Response time n 11 0 ■
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 In ❑ ■
Post-overflow/spill assessment n n n ■
Is a Spill Response Action Plan available for all personnel? n ❑ n ■
Page: 5

Permit: WQCSD0362 Owner-Facility: Cooper Riis Inc
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Is the spare parts inventory adequate? n 11 f 1 ■
Comment:
"The owner and ORC should discuss and come up with a plan in case there is a spill or
overflow/bypass of wastewater.
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? n n ■ n
Are records of SSOs that are under the reportable threshold available? n n ■ n
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? 0 0 ■ n
If yes,is there a corrective action plan? n n n n
Is a map of the system available? ■ n n n
Does the map include:
Pipe sizes ■ n n n
Pipe materials ■ n n n
Pipe location ■ n n n
Flow direction ■ n n n
i
Approximate pipe age ■ n n n
Number of service taps n n ■ n
Pump stations and capacity n In ■ n
If no,what percent is complete?
List any modifications and extensions that need to be added to the map
**There have not been any spills/overflows at site.
**The map is the engineers plans.
#Does the permittee have a copy of their permit? n n ■ n
Comment:
"Deemed system, a permit is not issued.
Page: 6

NODE IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E.Skvarla III
Governor Director Secretary
February 13, 2013
Donald R. Cooper
Cooper Riis Inc
PO Box 416
Mill Spring NC 28756
SUBJECT: Compliance Sampling Inspection
Cooper Riis Healing Farm
Permit No: NCO087122
Polk County
Dear Mr. Cooper:
A Compliance Sampling Inspection was conducted at your wastewater treatment facility on
January 29, 2013. Juanita James with James and James Environmental Management
was present during the inspection. The facility was found to be in Compliance with permit
NC0087122.
Please refer to the enclosed water Compliance Inspection Report for additional
observations and comments. There is one item noted in the report that needs attention to
avoid future upsets at the facility. If you or your staff have any questions, please call me at
828-296-4500.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: Central Files
Asheville Files
Juanita James
PO Box 1354
Mountain Home NC 28758
S:\SWP\Polk\Wastewater\Minors\CooperRiis Healing Farm 87122\CSI.Ltr.2013.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCaroll/ina
Phone:[phone]\FAX:[phone] Nahirq[[il
Internet:wwW ncwate[guality.org

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water 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 15 I 31 NG0087122 111 121 13/01/29 117 18I S I 19I S I 20I I
Remarks
21111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------
67I 169 70I 3 I 711 I 721 N I 73Iw I f 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)
02:00 PM 13/01/29 08/08/01
Cooper Riis Healing Farm
101 Healing Farm Ln Exit Time/Date Permit Expiration Date
Mill Spring NC 287565808 02:40 PM 13/01/29 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
Contacted
Donald R Cooper,PO Box 416 Mill Spring NC 28756/Chairman/828-625-1389/ Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance E Facility Site Review 0 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
Linda S Wiggs . ARO WQ//828-296-4500 Ext.4653/
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 1
3I NC0087122 I11 12I 13/01/29 I17 18ISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
EQ basin is due to be pumped. This should be done as soon as possible to avoid an upset at the plant.
The blanket had risen but did not appear to be impacting the effluent.
Samples were obtained:
BOD 6.4 mg/I
Fecal Coliform 18 col./100ml
TSS 9.5 mg/1
i
Page# 2

Permit: NCO087122 Owner-Facility: Cooper Riis Healing Farm
Inspection Date: 01/29/2013 Inspection Type: compliance Sampling
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n n n
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment: James and James signage needs replacing.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual 0
b.Mechanical n
Are the bars adequately screening debris? 0 Cl n n
Is the screen free of excessive debris? E n Cl n
Is disposal of screening in compliance? n n n m
Is the unit in good condition? ■ n n n
Comment:
Grease Removal Yes No NA NE
#Is automatic grease removal present? nnEn
Is grease removal operating properly? n n ❑
Comment: Grease trap on property.
Primary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ n
Are weirs level? n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? n n n
Is the site free of excessive floating sludge? n ■ n n
Is the drive unit operational? n ❑ E n
Is the sludge blanket level acceptable? n ■ n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) 01 ■ n n
Comment: The sludge blanket was rising. ORC stated temp change caused the
blanket to rise and it is still in recovery. See summary.
Aeration Basins Yes No NA NE
Page# 3

Permit: NCO087122 Owner-Facility: Cooper Riis Healing Farm
Inspection Date: 01/29/2013 Inspection Type: Compliance Sampling
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? n n n ■
Are surface aerators and mixers operational? n n ■ o
Are the diffusers operational? ■ n n ❑
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ 0 0 01
Is the DO level acceptable? n n n ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■
Comment: Aeration basins appeared to be operating properly. DO levels were not
evaluated.
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n ❑ n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? n ■ n ❑ ``�
Are all pumps present? ■ ❑ n n
Are all pumps operable? ■ n n n
Are float controls operable? ■ n ❑ n
Are audible and visual alarms operable? ■ n n Cl
#Is basin size/volume adequate? ■ n ❑ n
Comment: The EQ basin had alot of grease. ORC stated the EQ basin is due to be
pumped out soon. Last pumping was —5 months ago.
Disinfection -UV Yes No NA NE
Are extra UV bulbs available on site? n ■ n n
Are UV bulbs clean? n n n ■
Is UV intensity adequate? ■ ❑ n n
Is transmittance at or above designed level? ❑ n ❑ ■
Is there a backup system on site? n ■ fl n
Is effluent clear and free of solids? ■ n n n
Page# 4

Permit: NCO087122 Owner-Facility: Cooper Riis Healing Farm
Inspection Date: 01/29/2013 Inspection Type: Compliance Sampling
' Disinfection -UV Yes No NA NE
Comment: Bulbs are kept at James and James storage. Samples obtained, see
summary. Chlorine tablets were not onsite for backup. ORC will make sure some
tablets are brought to site for backup.
Page# 5

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KNEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 13,2013
Dr.Gregory J.Thorpe,Ph.D.
Environmental Management Director,PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,NC 27699-1598
Subject: Permit No. SW1130201
TIP No.B-4734,NCSR 1300
Bridge No.9
State Stormwater Permit
N C Department of Transportation
Clay County .
Dear Dr.Thorpe:
The Asheville Regional Office received a completed Stormwater Application for the subject project on February 8, 2013.
Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW1130201 dated February 13, 2013 to
the NC Department of Transportation for the proposed replacement of Bridge No. 9 on NCSR 1300 over Tusquitee Creek in
Clay County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as
specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty(30)days following receipt of this permit. This request must be in the
form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit
shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Mr. Mike Parker at(828)
296-4500.
Singly, /
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolma
Phone:[phone]\FAX:[phone]\Internet: www.ncwaterquality.org Natu /!
rally
An Equal Opportunity\Affirmative Action Employer U

Dr. Gregory Thorpe,Ph.D.
February 13,2013
Page Two
cc: Bill Zerman,NCDOT Hydraulics Unit
Joshua Deyton,Division 14 Bridge Management Engineer
Mark Davis,Division 14 DEO
DWQ Transportation Permitting Unit
Mike Parker,Asheville Regional Office

State Stormwater Management Systems
Permit No. SW1130201
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
STORMWATER PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws,Rules,and Regulations
PERMISSION IS HEREBY GRANTED TO
NC Department of Transportation
Clay County
FOR THE
Construction of a public road/bridge in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the
"stormwater rules')and the approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this permit for replacement of Bridge
No.9 over Tusquitee Creek on NCSR 1300 in Clay County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. The amount of impervious surface has been minimized as much as possible.
2. The runoff from the impervious areas has been diverted away from surface waters as much as possible.
3. Best management Practices are employed which minimizes water quality impacts.
4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
5. NCDOT will attempt to construct all vegetated roadside ditches at 3:1 slopes or flatter.

II. SCHEDULE OF COMPLIANCE
1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosic
Control Plan.
2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide
copies of revised plans and certification in writing to the Director that the changes have been made.
3. The permittee shall submit all information requested by the Director or his representative within the time frame
specified in the written information request.
4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications,and
calculations prior to construction for the following items:
a. Major revisions to the approved plans, such as road realignment, deletion of any proposed BMP, changes
to the drainage area or scope of the project, etc.
b. Project name change.
C. Redesign of, addition to, or deletion of the approved amount of built-upon area,regardless of size.
d. Alteration of the proposed drainage.
5. The Director may determine that other revisions to the project should require a modification to the permit.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person except after notice to and approval by the Director. The Director may
require modification or revocation and reissuance of the permit to. change name and incorporate such other
requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee, documentation from the parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The
permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director
approves the transfer.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement
action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(A)to 143-
215.6(C).
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which
have jurisdiction.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and
reissuing the permit,or terminating the permit as allowed by laws,rules,and regulations contained in Title 15A of the
North Carolina Administrative Code,Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al.
S. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit
modification,revocation and reissuance or termination does not stay any permit condition.
6. The permit issued shall continue in force and effect until revoked or terminated.
7. The permittee shall notify the Division of any name,ownership or mailing address changes within 30 days.

Permit issued this the 13th day of February 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Charles Wakild .E.Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW1130201
i
DOT Bridge Replacement NCSR 1300 TIP No.4734
SW 1130201

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CENRAL Fit,F-S RECEIVED
� aF E 0 — 0 2013
t7W /surface Water Protection Section
Asheville Regional Office
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY ANTHONY J.TATA
GOVERNOR SECRETARY
February 8, 2013
Ashville Regional DWQ Office
2090 US 70 Highway
Swannanoa, NC 28778
Subject: State Stormwater Permit Request for the Replacement of Bridge no. 9
over Tusquitee Creek on SR 1300 in Clay County.
TIP No. B-4734
M r.Parker;
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge
No. 9 over Tusquitee Creek on SR 1300.
A State Storm Water Application Form, the Storm Water Management Plan and a PDF
the project plans are provided with this request. Please review this project for
authorization by your Division.
Please contact Mr. Marshall Clawson, P.E. at [phone] or Bill Zerman at (919)
707-6755 if you have any questions or concerns.
Thank you for your time and consideration.
Sincerely,
<#C"
r4Atate
David S. Chang, Ph.D., P.E.
Hydraulics Engineer
Enclosures (3)
Cc:
Ms. Lori Beckwith, LISACE
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
-_- NC DEPARTMENT OF TRANSPORTATION FAX: [phone] CENTURY CENTER COMPLEX
HYDRAULICS UNIT BUILDING B
1590 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG/DOH/ 1020 BIRCH RIDGE DRIVE
RALEIGH NC 27699-1590 RALEIGH NC

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OFFICE'USE ONLY
Date Received Fee Paid � f'e�xrutitlu�b?r
202013 INTERNAL TRANSFER($505 00) - B.4734 c
State of North Carolina RECEIVED
Department of Environment and Natural Reso''w H3 Division of Water Quality
STORIvIWATER MANAGEMENT E I PLIC 8 2013
P RM T AP A
/Surface water Protection Section
NORTH CAROLINA DEPARTMENT OF TRANSPO � �' ille Regional office
LINEAR ROADWAY PROJECT
This form may be photocopied for use w an original.
DWO Stormwater Mana ement Plan Review:
A complete stormwater management plan submittal includes this application form,a.supplement form for each BMP
proposed(see Section V), design calculations,.and plans and specifications showing all road and BMP details.
I. PROJECT INFORMATION
NCDOT Project Number; B-4734 County: Clay
Project Name:
Project Location: On SR 1300 over Tusquitee Creek
Contact Person: Marshall Clawson Phone. [phone] Fax;
Receiving Stream Name: Tusquitee Creek River Basin: Hiwassee Class: WS-IV
Proposed linear feet of project: 396
Proposed Structural BMP and Road Station (attach a list of station and BMP type if more room is needed):
None(Refer to attached Stormwater Management Plan for supporting documentation)
Type of proposed project: (check all that appl)):
R New ❑Wiidening 02 lane* ❑4 lane* OCurb and Gutter NBrid.ge Replacement
❑Other:(Describe)
*2 lame and 4 lane imply that roadside ditches are used unless Curb and Gutter is also checked.
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided below to indicate the following design requirements have been met and supporting
documentation is attached. Supporting documentation shall, at a rn.inirnum,consist of a brief narrative description
including(1)the scope:oP the project;(2)how the items below are met,(3)how the proposed best management practices
minimize water quality.impacts, and.(4)any significant constraints and/or justification for not meeting a,b,.c and d to the
maximum extent practicable,
l"! ER TOATTACHED S3'0RfivM12"kTER MAN Ats.l'it ENI PLAN FOR 'i"(rl3:l'ORTI.1'G.DO "li±vll::NTA'TI'ON
Designer's Initials
a. The amount of impervious surface has.been minimized as much as possible.
b. The runoff from the impervious areas has been diverted away from surface waters as much as possible.
c. Best Management Practices are employed which minimize water quality impacts.
d. Vegetated roadside ditches are 3 1 slope or flatter.
Form S W401-NCDOT Linear Roadway-Rev.2 Page 1 of 2

III. APPLICATION CERTIFICATION
I, (print or Type Warne) � /� S�7/��� C��G✓✓�u of � 0,,
Branch,
cellify that the information included on this permit application form is,to the best of my knowledge,correct and that the
project will be constr ated in canfomm�ce with the approved plans and that the proposed project complies with the.
requirements of 15A NCAC 2H.1000..
Title: .0 C
Address:
Signature: Date: 2
IV. SUPPLEMENT FORMS
The applicable state storinwater management permit supplement form(s)listed below must be submitted for each BMP
specified for this project. Contact the Stormwater.and General Permits Unit at(919) 733-5083 for the status and
availability of these forms.
Form SW401-Low Density Low Density Supplement
Form SW401-Curb Outlet System Curb Outlet System Supplement
Form SW401-Off-Site System Off-Site System .Supplement
Form SW401-Wet Detention Basin Wet Detention Basin Supplement
Form SW401.-Infiltration Basirt Infiltration Basin Supplement
Form SW401-hifiltration Trench Underground Infiltration Trench Supplement
Form SW401=Bioretention Cell Bioretention CeII Supplement
Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement
Form SW401-Wetland Constructed Wetland Supplement
Form.SW401-Grassed Swale Grassed Swale Supplement
Form SW401-Sand.Filter Sand Filter Supplement
Form S W401-NCDOT Linear Roatlw%ay-Rev.? Page 2 of

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OWNER'S NAME ADDRESS
O Morton,Susan G. 2307 Hand Blvd
Orlando,FL 32806
O Moore,Elizabeth L. 5/l5 OnGwa Court
Viburn,GA 30047
- 3O Ledford,Anthony H.and Vickie D. P.O.Box 859
Hayesville,NC 28904
4O Ledford,James (Limited Family Partnership) 5/6 River Oaks Dr
Hayesville,NC 28904
O Edwards,Troy and Jeanne 90 River Oaks Dr
Hayesvi ll e.NC 28904
O Hulsey,Rose D. P.O.Box 908623
Gainesville,GA 3050/
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NCDOT
DIVISION OF HIGHWAYS
PROPERTY OWNER CLAY COUNTY
NAME AND ADDRESS PROJECT.38507.1.1 (B-4734)
BRIDGE NO.9 ON
B-4734 SR 1300 (FIRES CREEK RD)
OVER TUSQUITEE CREEK
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W.
4T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 14,2013
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1783 Upward Road
DWQ Project 08-1327
TIP No. R-4430
Henderson County
Dear Mr. Setzer:
On February 7,2013,I inspected the construction work on Upward Road between US Highway 176 and
Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between
Howard Gap Road and US Highway 176 with the main focus on grading,culvert installation and bridge
construction.
Please ensure that all sediment and erosion control structures are being maintained as required and that seeding
and mulching are being performed as needed,to protect State surface 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
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
Upward Road R-4430 Inspection Letter February 2013
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone]!FAX:[phone] One
Internet:www.ncwatefflrmaiveActy.org NOrthCarohna
An Equal Opportunity!Affirmative Action Employer

t
Wetland Inspection Report
Project Num: 20081327 Version: 1 Status: Issued
Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening
County: Henderson Region: Asheville
Location: NCDOT-SR 1783(R-4430)
Latitude: +35'17-51" Longitude: -82'24'25"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 02/07/2013
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant 0 Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Reviewed project with NCDOT staff.
Several items were noted in David Leeds inspection report that should be completed.
Continue to maintain sediment and erosion control measures as required.
Seed and mulch all bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 ❑ ❑ 0
Are the culverts and/or filled areas installed properly? WOOD
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild John E. Skvarla, III
Governor Director Secretary
February 14,2013
Mr. J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-Bridge No. 89
TIP No.BD-5114V
NCSR 1356 Lee Cudd Road
Polk County
Dear Mr. Setzer:
On February 11,2013,I inspected the construction work on Bridge No. 89 on NCSR 1356 in Polk County.
Construction was underway with the contractor working on the interior bent. Sediment and erosion control
structures appeared to be working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
r
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell,P.E.
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)Bridge No.89 NCSR 1356 Inspection Letter February 2013
J
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:828-296-A5001 FAX:[phone] One
Internet:www.ncwatergualiW.ora NOI thCf1r01111c`I
An Equal Opportunity\Affirmative Action Employer
,IV10r1rr7/lia
...._... . ...

Site Inspection Report
Site Number: WT000959
Site Name: Bridge No.89 NCSR 1356 Lee Cudd Road
Site Address: 253 Webster Rd
County: Polk Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 14
Inspection Date: 02/11/13
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected site with NCDOT inspectors.
Contractor was working on pouring bent cap.
Sediment and erosion control measures appeared to be functioning properly,
Additional controls were to be added to the ditch on the south side of the project.
Continue to maintain sediment and erosion control measures and seed and mulch as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 fl Q
Are the culverts and/or filled areas installed properly? ■ n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n
Comment:
Page: 1

RCbENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild John E. Skvarla, III
Governor Director Secretary
February 14,2013
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: .Inspection-Bridge No. 3
TIP No.BD-5114M
NCSR 1102 Pearson Falls Road
Polk County
Dear Mr. Setzer:
On February 11,2013,I inspected the construction work on Bridge No. 3 on NCSR 1102 in Polk County.
Construction was underway with piles having been driven and minor grading work had taken place. Sediment
and erosion control structures appeared to be working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc:Aaron Powell,P.E.
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setter)Bridge No.3 NCSR 1102 Inspection Letter February 2013
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone]\FAX:[phone] One
Internet:www.ncwatemuality.orci NO1 thCaT011lla
An Equal Opportunity\Affirmative Action Employer Nahl.671111

Site Inspection Report
Site Number: WT000958
Site Name: Bridge#3 NCSR 1102 Pearson Falls Road
Site Address: NCDOT Division 14
County: Polk Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 14
Inspection Date: 02/11/13
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant ❑ Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected site with NCDOT inspectors.
Contractor had driven piles on both sides of the stream and was to install pile sheeting.
Sediment and erosion control measures appeared to be functioning properly.
Continue to maintain sediment and erosion control measures and seed and mulch as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit?
■ nnn
Are the culverts and/or filled areas installed properly?
■ nnn
Is the site compliant with additional conditions of the 401 WQC or non 404 permit?
Comment: ■ Q n Q
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 14,2013
Mr. J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1006 Howard Gap Road
DWQ Project 2011-1101
TIP No.R-5207B
Henderson County
Dear Mr. Setzer:
On February 7,2013,I inspected the construction work on Howard Gap Road in Henderson County.
Construction work consisted of grading and bridge construction.
Please ensure that all sediment and erosion control structures are being maintained as required and that seeding
and mulching are being performed as needed,to protect State surface waters. 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,
s
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis,Division 1.4,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
Howard Gap Road R-5207 Inspection Letter February 2013
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterguality.org NorthCarollna
An Equal Opportunity!Affirmative Action Employer
,�atZ/raffi/

Wetland Inspection Report
Project Num: 20111101 Version: 1 Status: Issued
Project Name: NCDOT-SR 1006(R-5207B) Project Type: Road/Highway Widening
County: Henderson Region: Asheville
Location: NCDOT-SR 1006(R-5207B)
Latitude: +35°23'44" Longitude: -82°29'16"
SW Plan Location:
Site Owner Name: NC DOT Division 14-Sylva
Inspection Date: 02/07/2013
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: M Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
N Permit(401 WQC)
Inspection Summary:
Inspected project with NCDOT staff.
Construction consist of grading and bridge construction.
Sediment and erosion control structures appear to be working properly. Additional controls are needed at the large fill area where the
culvert has been installed.
Seed and mulch all bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0000
Are the culverts and/or filled areas installed properly? Q 0 0
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 ❑ Q
Comment:
1
Page 1

A47i;�
Arrra �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvaria, III
Governor Director Secretary
February 14, 2013
Mr. David S. Wack
Fletcher Academy Inc.
P.O. Box 5335
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0107
Permit No. NCO036641
Fletcher Academy WWTP
Henderson County
Dear Mr. Wack
A review of Fletcher Academy WWTP's monitoring report for October 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day(20 Deg. C) - 10/31/2012 30 mg/I 32.97 mg/I Monthly
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.
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 or me at
828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Henderson'\Wastewater\Minors'.Fletcher Academy 36641\NOV-2013-LV-0107.doc NorthCarolina
NVAdM1711d,J
North Carolina Division of Water Quality' 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

� ,
�__
`'`_i
`�,�-
__ ___.
_-

4 7ifL
DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla Ill
Governor Director Secretary
February 14,2013
Alan Peoples,Mayor
Town of Tryon
301 N Trade St
Tryon NC 28782
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0043
Permit No.WQCS00111
Town of Tryon
Tryon Collection System
Polk County
Dear Mr. Peoples:
A review has been conducted of Tryon Collection System's self reported Sanitary Sewer Overflows
(SSO's) 5-Day Report submitted by Town of Tryon. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit WQCSO01 I I 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) Date Sanitary Sewer Overflow Discharge
Location Without Valid
Permit
E. Howard St.
17,000 gallons(UT Vaughn Crk) Severe Natural
DWQ Incident#201300283 01/17/2013 Condition
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 Linda Wiggs at 828-296-
4500.
Sincerely, r
-n
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
S:\SWP\Po1k\Collection Systems\Tryon Collection System\NOV-2013-DV-0043.SS0.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone]\FAX:[phone] �atj�t,R/`�
Internet:www.ncwaterauality.org 6

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 14, 2013
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion, North Carolina 28752-1029
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0106
Permit No. NCO074110
Mountain View Assisted Living WWTP
Henderson County
Dear Ms. Childrey:
A review of Mountain View Assisted Living's WWTP monitoring report for October 2012 showed
the following violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 10/05/2012 7.5 mg/I 8 mg/I Daily Maximum
Concentration 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.
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 or me at
828/296-4500.
Sincerely,
l �
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Henderson\Wastewater\Minors\Mountain View Assisted Living 74110\NCSV-2013-LV-0106.doc NorthCarohna
Ivaturally
North Carolina Division of Water Quality�2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 14, 2013
Mel S. Cohen
City of Morganton
PO Box 3448
Morganton NC 28655
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0036
Permit No. WQCS00028
City of Morganton
Morganton Collection System
Burke County
Dear Mr Cohen:
A review has been conducted of Morganton Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Reports submitted by City of Morganton. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit
WQCS00028 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO Location Date Sanitary Sewer Overflow Discharge
(DWQ Incident#) Without Valid
Permit
WWTP Influent 01/17/2013 1,800,000 gallons(Hunting Crk) Severe NaturalCondition
Incident#201300149
Cox&Fleming 01/17/2013 25,000 gallons(Hunting Crk) Severe NaturalCondition
Incident#201300150
N.Anderson 01/17/2013 8,000 gallons(Catawba Rvr) Severe Natural
Incident#201300148 Condition
Pearson&N. Terrace 01/17/2013 4,000 gallons(Catawba Rvr) Severe Natural
Incident#201300151 Condition
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone] NOrthCarOh/lla
Internet:www.ncwaterguality.org Vatunaffil

City of Morganton
February 14,2013
Page 2 of 2
The discharge of untreated wastewater shall.be reported per N.C.G.S. Article 21 Chapter 143-
215.1 C requirements. According to information received, reporting conducted by the City did
not fully meet the reporting requirements set out in the statute above. '
Respond in writing to this office within 15 days of receipt of this letter with a summary of
the causes of the noncompliance issues noted.
Remedial actions should be taken to correct this problem and to prevent the recurrence of similar
situations. 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 Linda Wiggs at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
S:\SWP\Burke\Collection Systems\Morganton Collection System\N0V-20l3-DV-0036.SS0.doc

�•s
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director Secretary
February 14, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2421
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
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 NCO071897
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP
Case No. LV-2013-0027
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$487.00
($350.00 civil penalty+ $137.00 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Mizpah Healthcare Inc. for the month of September 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
September 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc. violated the
terms, conditions or requirements of NPDES Permit NCO071897 and G.S. 143-215.l(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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
No thCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.oro

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0071897, 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 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$350.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$487.00 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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources -
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, 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, ,.
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
James &James Environmental/ORC w/attachments
S St F'pent€er�ori� aste�a xt�r,llinori`[lenders n s l sistcd Living 71897UN-2013-0027.t€oe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0027 County: Henderson
Assessed Party: Mizpah Healthcare Inc./ Henderson's Assisted Living WWTP
Permit No.: NCO071897 Amount Assessed: $487.00
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:
i

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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
MIZPAH HEALTHCARE INC. /
HENDERSON'S ASSISTED LIVING WWTP ) STIPULATION OF FACTS
PERMIT NO.: NCO071897 ) FILE NO. LV-2013-0027
Having been assessed civil penalties totaling $487.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 14, 2013,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
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 14,2013
Mr.J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
T]P No. B-5178
Bridge Nos. 23 5 and 23 8
Interstate 26 at Pond Road
Buncombe County
Dear Mr. Swain:
On February 11,2013,I inspected the construction work on TIP Project No. B-5178,Bridge Nos.235 and 238,
over Hominy Creek, on Interstate 26,in Buncombe County. The inspection included a review of the
construction and compliance with the 401 Water Quality Certification.
„J Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
W'C'd4'0_'
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood,PE
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-5178 Bridge Nos.235 and 238 February 2013 Inspection Letter
1
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:wwwmwaterguality.ora NQfthCarohna
An Equal Opportunity 1 Affirmative Action Employer ;Vogturallff

Wetland Inspection Report
Project Num: 20120119 Version: 1 Status: Issued
Project Name: NCDOT-Bridges No.235&238 on SR 3431 (B-5178) Project Type: Replace bridge with bridge
County: Buncombe Region: Asheville
Location: NCDOT-Bridges No.235&238 on SR 3431 (B-5178)
Latitude: +35°32'44" Longitude: -82°36'17"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 02/11/2013
Reason for Inspection: Routine
Inspection Type:Site Inspection (DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n_Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected site with NCDOT staff.
Contractor has grubbed area and is grading along Interstate 26.
Contractror is also drilling shafts for bridge bents.
Please ensure that sediment and erosion control structures are maintained to protect Hominy Creek.
Seed and mulch bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? ❑ n ❑
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n n
Comment:
Page: 1

aT;�T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 14,2013
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 221
DWQ Project 08-1809
Individual Certification No. 3784
TIP Nos. R-2233AA and AB Sections
Rutherford County
Dear Mr. Swain:
On February 11, 2013,I inspected the construction work on the US Highway 221 Project,R-2233 AA and AB
Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge
/ construction,pipe installation,roadbed preparation and paving.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection reports for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
j
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:wwwmwaterguaiity.ora Nof thearofina
An Equal Opportunity,Affirmative Action Employer Naturally

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Wetland Inspection Report
Project Num: 20081809 Version: 1 Status: Issued
Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening
County: Rutherford Region: Central
Location: NCDOT-US 221 (R-2233a)
Latitude: +35°12'21" Longitude: 81°50'18"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 02/11/2013
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected both AA and AB Sections from NC-SC State line to end of project.
Even though controls have been installed at the Floyds Creek bridge construction site we continue to have concerns about possible
stream impacts at this area. Please ensure that extra care is taken during construction of the bridge and that adequate sediment and
erosion controls are properly maintained at all times.
Continue to maintain sediment and erosion control structures over the project.
Seed and mulch all bare areas as required_
Page: 1

Project Num: 20081809 Owner: NC DOT PDEA
Inspection Date: 02/11/2013 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? . n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
= Pat McCrory Charles Wakild, P. E. John E. Skvarla III
Governor Director Secretary
February 14,2013
Al B.Matthews
Town of Canton
58 Park St
Canton NC 28716
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0041
Permit No.WQCS00307
Town of Canton
Canton Collection System
Haywood County
Dear Mr. Matthews:
A review has been conducted of the Town of Canton Collection System's self reported Sanitary Sewer
Overflows(SSO's)5-Day Report submitted by Town of Canton. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00307 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 01-28-2013 Sanitary Sewer Overflow Discharge
Overflow) 800 gallons to unnamed tributary Without Valid
45 Rhoda Street to the Pigeon River Permit
DWQ Incident 201300220
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 at
828-296-4500.
Sincerely,
Chuck Cr nford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NofthCarollina
Phone:[phone]\FAX:[phone] �atuj+a`jj/
Internet:www ncwaterguality.org �,
S:\SWP\Haywood\Collection Systems\Canton WQCS00307\NOV-2013-DV-0041.docx

41
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla lil
Governor Director Secretary
February 15,2013
Mr. Frederick L.Baker,PE
Director of Public Works
Town Of Waynesville
PO Box 100
Waynesville NC 28786
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0045
Permit No.WQCS00039
Town Of Waynesville
Waynesville Collection System
Haywood County
Dear Mr. Baker:
A review has been conducted of the Town of Waynesville Collection System's self reported Sanitary
�- Sewer Overflows(SSO's)5-Day Report/s submitted by Town Of Waynesville. This review has shown
the subject facility to be in violation of the requirements found in Collection System Permit WQCS00039
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 01/30/2013 Sanitary Sewer Overflow Discharge
Overflow) 290,000 gallons into Richland Without Valid
Richland Creek at Howell Creek Permit
Mill Road,Lynn Street,and Severe Natural
South Main Street Condition
DWQ Incident 20130246
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 at
828-296-4500.
Sincerely, ff
r�
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
j PERCS Unit
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
NOrffi
Phone:[phone]\FAX:[phone] CarO/ll/ria
Internet:www.newaterguality.org Natmally
S:\SWP\Haywood\Collection Systems\Waynesville WQCS00039\NOV-2013-DV-0045.docx

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NCDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakiid, P. E. John E. Skvarla III
Governor Director Secretary
February 15,2013
Mr. Frederick L.Baker,PE
Director of Public Works
Town Of Waynesville
PO Box 100
Waynesville NC 28786
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0042
Permit No.WQCS00039
Town Of Waynesville
Waynesville Collection System
Haywood County
Dear Mr.Baker:
A review has been conducted of the Town of Waynesville Collection System's self reported Sanitary
Sewer Overflows(SSO's)5-Day Report/s submitted by Town Of Waynesville. This review has shown
the subject facility to be in violation of the requirements found in Collection System Permit WQCS00039
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 01/14/2013 Sanitary Sewer Overflow Discharge
Overflow) 1.1 million gallons into Richland Without Valid
Richland Creek at Howell Creek Permit
Mill Road Severe Natural
DWQ Incident 20130091 Condition
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 at
828-296-4500.
Sincere,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone] NOrtJlClrOhria
Internet:www.ncwaterquality.orq
)Vahmallty
S:\SWP\Haywood\Collection Systems\Waynesville WQCS00039\NOV-2013-DV-0042.docx

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NCDENR
i'.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E, John E. Skvarla, III
Governor Director Secretary
February 15,2013
Burke County
DWQ Project 20130131
NCSR 1745 (Old Lowman Street)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina,28802
Dear Mr. Swain:
You have our approval,in accordance with the conditions listed below,for the following impacts in an unnamed tributary
to Cub Creek for the purpose of widening and making improvements to NCSR 1745 (Old Lowman Street)in Burke
County:
Stream Impacts in the Catawba River Basin
Site Permanent Fill Stream Permanent Temporary Total Stream
in Intermittent Relocation Fill in Impacts in Stream Impacts
Stream (linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Site 1 0 0 24 60 84 0
Total 0 0 1 24 60 84 0
Total Permanent Stream Impacts for Project: 24 lin.ft.Total Temporary Stream Impacts for Project: 60 linear ft.
The project should be constructed in accordance with your application dated February 12, 2013 (received February 12,
2013), 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 No. 3886, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohrta
Phone:: www..ncwat\FAX: 28�299-7043
Internet: www.ncwater uali o
An Equal Opportunity 1,Affirmative Action Employer

Mr.J.J. Swain,Jr., P.E.
February 15, 2013
Page Two
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
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. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
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, anc
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control`-L'
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
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. 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.
5. 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. v

Mr. J.J. Swain,Jr.,P.E.
February 15,2013
Page Three
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
18. 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.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
20. 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
21. 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.
22. 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.
23. 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.

Mr.J. J. Swain,Jr.,P.E. \
February 15,2013
Page Four
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
25. 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.
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.
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,
Charles Wakild, P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
130131(Swain)NCSR 1745 Old Lowman Street

ST;*
NCD��
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla III
Governor Director Secretary
February 15,2013
Joseph M Moore,II,E P
City of Brevard
95 W Main St
Brevard NC 28712
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0046
Permit No. WQCS00084
City of Brevard
Brevard Collection System
Transylvania County
Dear Mr. Moore:
A review has been conducted of the City of Brevard's Collection System self reported Sanitary.Sewer
Overflows(SSO's)5-Day Report submitted by 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 01/15/2013 Sanitary Sewer Overflow Discharge
Overflow) 28,985 gallons to Singing Without Valid
Outside the fence at Branch Permit
Gallimore Road Lift Station Severe Natural
DWQ Incident 201300282 Condition
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 at
828-296-4500.
Sincerely,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone] NOltllCalO/h/ria
Internet:www,ncwatergualitv.org Naturally,
S:\SWP\Transylvania\Collection Systems\Brevard Collection System WQCS00084\NOVs&Enforcements\NOV-2013-DV-0046.docx

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NDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla III
Governor Director Secretary
February 15,2013
Joseph M Moore,II,E P
City of Brevard
95 W Main St
Brevard NC 28712
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0048
Permit No.WQCS00084
City of Brevard
Brevard Collection System
Transylvania County
Dear Mr.Moore:
A review has been conducted of the City of Brevard's Collection System self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report submitted by City of Brevard. This review has shown the subject
facility to be in violation of the requirements found in Collection System Permit WQCS00094 and/or G.S.
- 143-215.1(a)(1). The violation that occurred is summarized below.
1 Area Violation Date Description Violation Type
CSO/SSO (Sewer 01/30/2013 Sanitary Sewer Overflow Discharge
Overflow) 70,358 gallons to Singing Without Valid
Gallimore Road Lift Station Branch Permit
DWQ Incident 201300236 Severe Natural
Condition
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 at
828-296-4500.
Sincerely, 6
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarollina
Phone:[phone]\FAX:[phone] �aturq«�
Internet:www.nowaterguality.org
Systems\Brevard Collection System WQCS00084\NOVs&Enforcements\NOV-2013-DV-0048.docx

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Waklid, P.E. John E. Skvarla, III
Governor Director Secretary
February 15,2013
Mr.Michael Pettyjohn,P.E.
Division 11 Engineer
N.C.Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
US Highway 321A
TIP No. U-2211B
DWQ Project No.2011-0844
Caldwell County
Dear Mr. Pettyjohn:
On February 6,2013,I inspected the new construction project on US Highway 321A to NCSR 1712(Starcross
Road),TIP No.U-2211B, in Caldwell County. Construction activities include heavy grading and culvert and
bridge construction.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: David Poindexter,PE
Heath Slaughter, Division 11,DEO
Neal Trivette,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
TIP No.U-221113 February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone]\FAX:[phone] One
Internet:www.nowaterguality.org �Tt�1t:a1"�Illla
An Equal Opportunity\Affirmative Action Employer 1�1 1. ll

Wetland Inspection Report
Project Num: 20110844 Version: 2 Status: Issued
Project Name: NCDOT-SR 1001 Connelly Springs Road (U-2211 B) Project Type: Road maintenance/repair/improvements
County: Caldwell Region: Asheville
Location: NCDOT-SR 1001 Connelly Springs Road (U-2211 B)
Latitude: +35*53-26" Longitude: -81°31'11"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 02/06/2013
Reason for Inspection: Routine
Inspection Type:Site Inspection (DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Met with NCDOT inspector and reviewed project.
Heavy grading,culvert construction and bridge construction is underway.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control structures and seed and mulch as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 n n n
Are the culverts and/or filled areas installed properly? In n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n In In
Comment:
Page: 1

RMENR
North.Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Waklid, P.E. John E. Skvarla, III
Governor Director Secretary
February 15,2013
Mr.Michael Pettyjohn,P.E.
Division 11 Engineer
N.C.Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
NCSR 1764 (New Farm Road)
TIP No. U-5204
Caldwell County
Dear Mr.Pettyjohn:
On February 6,2013,I inspected the new construction project on NCSR 1764(New Farm Road),TIP No.
U-5204, in Caldwell County. Construction activities include heavy grading and bridge construction activities.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: David Poindexter,PE
Heath Slaughter,Division 11,DEO
Neal Trivette,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
TIP No..U-5204 February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone]\FAX:[phone] One
Internet:www.ncwaterguality.orgOT1 CaT01111a
An Equal Opportunity\Affirmative Action Employer
�1r�tuN�r//�r

Site Inspection Report
Site Number: WT000423
Site Name: NCSR 1764 U-5204
Site Address:
County: Caldwell Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 11
Inspection Date: 02/06/13
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: n Compliant H Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
All areas looked good except for the area where sediment over toppped the sediment fence and flowed through the woods to the
stream. This area need to be cleaned up and material removed from the stream.
The bare area near the back entrance need to be seeded and mulched.
Continue to maintain sediment and erosion control measures.
Seed and mulch as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? ■ n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment: Sediment had left the site at one location and entered stream. Sediment
overtopped sediment fence and flowed through wooded area to stream.
Page: 1

a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla III
Governor Director Secretary
February 15,2013
Joseph M Moore,If, P E
City of Brevard
95 W Main St
Brevard NC 28712
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0047
Permit No.WQCS00084
City of Brevard
Brevard Collection System
Transylvania County
Dear Mr.Moore:
A review has been conducted of the City of Brevard's Collection System self reported Sanitary Sewer
Overflows(SSO's)5-Day Reports submitted by 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 violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer 01/17/2013 Sanitary Sewer Overflow Discharge
Overflow) 101,812 gallons to Singing Without Valid
Gallimore Road Lift Station Branch and Unknown gallons to Permit'
DWQ Incident 201300115 Lambs Creek Severe Natural
Condition
Neely Road Lift Station
DWQ Incident 201300165
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 Jeff Menzel,of the
Asheville Regional Staff at 828-296-4500.
Sincerely,
��
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone]\FAX:[phone] �►'1atmra ill
Internet:www.ncwaterguality.org �/V `L
S:\SWP\Transylvania\Collection Systems\Brevard Collection System WQCS00084\NOVs&Enforcements\NOV-2013-DV-0047.docx

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakiid, P.E. John E.Skvarla III
Governor Director Secretary
February 18, 2013
John Vanderschaaf
Waterford Place Property Owners Assoc
800 Lakeview Ct
Brevard NC 28712
SUBJECT: Compliance Evaluation Inspection
Waterford Place WWTP
Permit No: NCO055905
Transylvania County
Dear Mr. Vanderschaaf:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on January 24, 2013. The chlorine and the declorination tablet feed systems were in
good shape but the number of tablets did not seem to be adequate to last the duration
between operators visits. The operator must insure that the tablet feed systems are
stocked to sufficiently maintain the appropriate levels of chlorine and declorination at all
times. The inspector requests that the operator note in the logbook when tablets are
added to the system. No violations of permit requirements or applicable regulations were
observed during this visit.
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:pnzel
Jeff
Environmental Specialist
Enclosure
cc: Davis Allen James, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone] of'° LL�atul a �
Internet:www.ncwaterguality.org ,
S:\SWP\Transylvania\Wastewater\Minors\Waterford Place 55905\CEI 1-24-2013.docx

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United States Environmental Protection Agency Form Approved.
E P n Washington,D.C.20460 OMB No.2040-0057
Water/'� Compleanre InspPdoon
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 15 I 11 NCO055905 111 121 13/01/24 117 181 C I 19I S I 201 I
Remarks
211111IIIIIIII IIII IIIIIIII I I I I I I I I I I I I I I I I IIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------—-----Reserved----------------------
67I 169 70I 1 I 711 I 721 N I 73I I 174 751 I I I I I I 180
Section B: Facility Data I_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)
.Waterford Place WWTP
11:15 AM 13/01/24 10/12/01
Lakeview Ct Exit Time/Date Permit Expiration Date
Brevard NC 28712 12:00 PM 13/01/24 15/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Davis Allen James/ORC/828-606-6983/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
John Vanderschaaf,800 Lakeview Ct Brevard NC 28712//828-884-5106/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance E 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 Signatur (s)of I ctor(s)q` Agency/Office/Phone and Fax Numbers Date
Jeff Menzel 1�e ARO WQ//828-296-4500/ �//V
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
3 NCO055205 11 12I 13/01/24 117 18I CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) J
This was an unannounced inspection. The inspector was able to look over the site and review the
operator's log book. The sand filter appeared to function well. There was some frozen water on the surface
of the sand filter, the result of low temperature the night before. The chlorine and the declorination tablet
feed systems were in good shape but the number of tablets did not seem to be adequate to last the duration
between operators visits. The operator must insure that the tablet feed systems are stocked to sufficiently
maintain the appropriate levels of chlorine and declorination at all times. The inspector requests that the
operator note in the logbook when tablets are added to the system.
Page# 2

Permit: NCO055905 Owner-Facility: Waterford Place WWTP
Inspection Date: 01/24/2013 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? n ❑ n ■
Is all required information readily available,complete and current? n ❑ n ■
Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ n n ■
Are analytical results consistent with data reported on DMRs? ❑ n Q ■
Is the chain-of-custody complete? n ❑ ❑ ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ D n n
Has the facility submitted its annual compliance report to users and DWQ? n n ■ n
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? I_l I_l ■
Is the ORC visitation log available and current? ■ n n 11
Is the ORC certified at grade equal to or higher than the facility classification? ■ Cl n n
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ n n
Is a copy of the current NPDES permit available on site? n n n ■
Facility has copy of previous year's Annual Report on file for review? n ❑ ■ 0
Comment: The inspector requests that the operator note in the logbook when
chlorine/declorination tablets are added to the system.
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ n n
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge 0 ❑ ❑ ■
Judge,and other that are applicable?
Comment:
Sand Filters(Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? ■ n
Is right of way to the outfall properly maintained? ■ ❑ n ❑
r
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
Page# 3

Permit: NC0055905 Owner-Facility: Waterford Place WWTP
Inspection Date: 01/24/2013 Inspection Type: Compliance Evaluation
Sand Filters (Low rate) Yes No NA NE r
Is the distribution box level and watertight? 0 n ❑ n
If effluent (diffuser pipes are required) are they operating properly? 0 013 n
Is sand filter free of ponding? n m n 0
Comment: The effluent looked good.
Is the sand filter effluent re-circulated at a valid ratio? n Cl n
#Is the sand filter surface free of algae or excessive vegetation? ■ n El
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n [t
Comment: The sand filter appeared to function well. There was some frozen water on
the surface of the sand filter, the result of low temperature the night before.
Page# 4

1+•
WDERAR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director Secretary
February 18, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2445
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
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 NCO074110
Mizpah Healthcare Inc.
Mountain View Assisted Living
Case No. LV-2013-0028.
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$237.00
($100.00 civil penalty+ $137.00 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Mizpah Healthcare Inc. for the month of September 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO074110. The violations which occurred in
September 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc. violated the
terms, conditions or requirements of NPDES Permit NCO074110 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
No thCarolina
Nahmally
SURFACE WATER PROTECTION—ASHEVILLE.REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 11-a
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NCO074110, 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 NCO074110, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$100.00 TOTAL CIVIL PENALTY
$137.00 Enforcement.Costs
$237.00 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-
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.
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 i
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 143B-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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
James &James Environmental/ORC w/attachments
S:Sty P'%1Heiiderson',, a,tet�-ater'.i9iners':Mouniain View Assisted Living 7411 U LV-2013-0O28.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0028 County: Henderson
<_ Assessed Party: Mizpah Healthcare Inc./ Mountain View Assisted Living WWTP
Permit No. : NC0074110 Amount Assessed: $237.00
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);
f (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:

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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
MIZPAH HEALTHCARE INC. /
MOUNTAIN VIEW ASSISTED LIVING WWTP )
PERMIT NO.NCO074110 ) FILE NO. LV-2013-0028
Having been assessed civil penalties totaling $237.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 18,2013,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
_i Pat[McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director Secretary
February 18, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2452
Mr. David R.Nicholson
Highlands Falls Community Association
290 Skylake Road
Highlands,North Carolina 28741
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 NCO051381
Highlands Falls Community Association
Highlands Falls Country Club WWTP
Case No. LV-2013-0029
Macon County
Dear Mr.Nicholson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Highlands Falls Community
Association.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Highlands Falls Community Association for the month of
September 2012. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NCO051381. The violations
which occurred in September 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Highlands Falls Community
Association violated the terms, conditions or requirements of NPDES Permit NCO051381 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 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, Chuck Cranford,Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Highlands Falls Community Association:
OrthCarohna
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NCO051381, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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 143B-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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, 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,
Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments --
NPDES Point Source w/attachments
DWQ Central Files w/attachments
Paul Delmer Dills/ORC w/attachments
S:`SWP`P mueoii\wast water`�MinorsiH.ig€3latids Fulls Country-Club M38VILV-2013-0029,doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0029 County: Macon
Assessed Party: Highlands Falls Community Association/Highlands Falls Country Club WWTP
Permit No.: NC0051381 Amount Assessed: $337.00
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:

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HIGHLANDS FALLS COMMUNITY
ASSOCIATION )
HIGHLANDS FALLS COUNTRY CLUB WWTP ) .
PERMIT NO. NCO051381 ) FILE NO. LV-2013-0029
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 18, 2013,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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NCDGNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director Secretary
February 18, 2013
Anne Vance
Pavilion International
PO Box 199
Mill Spring NC 28756
Subject: NOTICE OF VIOLATION
NOV-2013-PC-0045
Compliance Sampling Inspection
Britten Creek WWTP-Pavillon
Permit No. NCO085294
Pork County
Dear Ms. Vance:
A Compliance Sampling Inspection was conducted by on January 29, 2013 by Linda Wiggs of the Asheville
Regional Office. Juanita James with James and James was present. The treatment facility was found to be in
violation of Permit NCO085294 effluent limitations.
The facility appeared to have isues with solids and grease passing through the system. Effluent samples
obtained were noncompliant. Please refer to the enclosed Inspection Report for important compliance
observation and comments.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within thirty (30) days of this letters date. You should address the causes of noncompliance and all actions
taken to prevent the recurrence of similar situations. If you have any questions, please do not hesitate to
contact Linda Wiggs at 828-296-4500.
Sincerely, `!
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Attachment
cc: ARO File
WQ Central Files
NPDES Unit
Juanita James, ORC
S:\SWP\Polk\Wastewater\Minors\Pavillion Intl 85294\CSI.NOV-2013-PC-0045.Jan2013.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
NorthCaro/l/ina
Phone::ww .ncwat 00\FAX:[phone] ��ltlir�lChJ
Internet:www.ncwaterguality.org

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United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
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 15 I 31 NCO085294 111 121 13/01/29 117 18I S I 19I S I 201 I
Remarks
211IIIIIIIIIIIIIII IIIIIIIIII111IIIIIIIIIIIIIIIII16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70I 1 I 711 I 72I N I 73 W 74 751 I I I I I Li 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)
Britten Creek WWTP 03:05 PM 13/01/29 08/11/01
Lake Adger Rd NCSR 1238 Exit Time/Date Permit Expiration Date
Mill Spring NC 28756 04:45 PM 13/01/29 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
Contacted
Anne Vance,PO Box 199 Mill Spring NC 28756//828-625-8210/ Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 CSO/SSO(Sewer Overflow)o Sludge Handling Disposal ■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
Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/
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
3 NCO085294 111 121
13/01/29 117 18I S
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The permit is up for renewal this year.
There appears to be work needed at this facility. The inspection and the effluent samples indicate a possible
lack of maintenance at the upper end of the treatment facility which has allowed solids and grease to carry
through the system causing violations.
Sample results and comments:
BOD 54 mg/l, daily max permit limit is 45 mg/l. The combined BOD results from Operator in Responsible
Charge (ORC) and Division of Water Quality(DWQ) indicate 42 mg/I, monthly avg.permit limit is 30 mg/I.
Even without DWQ results the BOD monthly avg. is still over permit limit.
TSS 6.2 mg/I. ORC data indicates solids were an issue for the month of January.
The non compliance at this facility needs to be evaluated and resolved.
Report back to DWQ the findings with regard to the causes of non compliance, as well as, the remedial
actions taken to resolve and avoid future non-compliance.
As noted in the report the inspector believes the grease trap and septic tank maintenance are an issue. Also
the sand filter system appears to be having problems. Questions: When the sand was last replaced, is sand
the best medium for this system, should options be considered for this system.
Page# 2

Permit: NCO085294 Owner-Facility: Britten Creek WWfP
Inspection Date: 01/29/2013 Inspection Type: Compliance Sampling
y Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MASS, MCRT,Settleable Solids, pH, DO,Sludge ■ n 0
Judge,and other that are applicable?
Comment: Sand from sand filter beds is tossed over side. Previous inspection
indicated housekeeping around the sand filter beds was an issue. Please make sure
this area is kept clean.
Grease Removal Yes No NA NE
#Is automatic grease removal present? n ❑ ■
Is grease removal operating properly? ❑ ■ 0 0
Comment: Grease removal is a grease trap by the building. The treatment facility is
having grease problems. There was evidence of grease at the end of the treatment
unit. The grease trap management needs to be evaluated to avoid grease problems at
the treatment unit. It is important to get on a grease trap pumping schedule that is
effective for the wastewater treatment facility.
Septic Tank Yes No NA NE
(If pumps are used)Is an audible and visual alarm operational?' ■ n n n
Is septic tank pumped on a schedule? n ■ n n
Are pumps or syphons operating properly? ■ n n 11
Are high and low water alarms operating properly? ■ n n n
Comment: The pumps and alarms commented on in this section refer to the pumps
associated with the dosing tanks.
The schedule of the septic tank pumping is unknown. ORC will check with owner. It is
important to evaluate and stay on a schedule with the pumping of the septic system.
One dosing tank had solids and grease in it which indicates the septic system is not
being maintained to optimum efficiency.
Sand Filters(Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? n n ■ n
Is the distribution box level and watertight? ❑ n n ■
Is sand filter free of ponding? ■ n n n
Is the sand filter effluent re-circulated at a valid ratio? n n ■ n
#Is the sand filter surface free of algae or excessive vegetation? ■ n n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ o
Page# 3

Permit: NCO085294 Owner-Facility: Britten Creek WWTP
Inspection Date: 01/29/2013 Inspection Type: Compliance Sampling
Sand Filters (Low rate) Yes No NA NE
Comment: There was some ponding.
When was sand last replaced? ORC will check with owner. Based on sludge at end of
treatment unit and the effluent sample results it appears the sand is in need of
replacing. See summary.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ 0
Are the tablets the proper size and type? ■ El ❑ 0
Number of tubes in use? 1
Is the level of chlorine residual acceptable? 0 Cl fl ■
Is the contact chamber free of growth,or sludge buildup? 0 ■ 0 fl
Is there chlorine residual prior to de-chlorination? ❑ n ❑ ■
Comment: Chlorine contact tank had excessive solids and grease present.
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 9)? ❑ ❑ ■ Q
Is storage appropriate for cylinders? ❑ ❑ ■ (�
#Is de-chlorination substance stored away from chlorine containers? fl ❑ ■
Comment:
Are the tablets the proper size and type? ■ ❑ 0
Are tablet de-chlorinators operational? ■ El 00
Number of tubes in use? 1
Comment: Dechlorination chamber had excessive solids and grease buildup in it.
Page# 4

A 4
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N+ - E R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E.Skvarla, III
Governor Director Secretary
February 18, 2013
Anne Vance
Pavilion International
PO Box 199 Z'
Mill Spring NC 28756
SUBJECT: Collection System Inspection
Britten Creek WWTP-Pavillon
Permit No: WQCSD0363
Polk County
Dear Ms. Vance:
A.Collection System Inspection was conducted on January 29, 2013 at the subject facility.
The facility was found to be marginally compliant with rule 15A NCAC 02T .0403.
r
Please refer to the enclosed inspection report for important information. If you or your
staff have any questions, please call me at 828-296-4500.
Sincerely,
X-4- 14 "
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: Central Files
Asheville Files
James and James, Juanita
S:\SWP\Polk\Wastewater\Minors\Pavillion Intl 85294\CSDlnspect.Ltr.Jan2013.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NO 28778 One
Phone: [phone]\FAX:[phone] NorthCarolina//
Internet:www,ncwaterguality.org ;Vaharally

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Compliance Inspection Report
Permit: WQCSD0363 Effective: 09/15/08 Expiration: Owner: Pavillon International
SOC: Effective: Expiration: Facility: Britten Creek WWTP
County: Polk Lake Adger Rd NCSR 1238
Region: Asheville
Mill Spring NC 28756
Contact Person: Anne Vance Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 01/29/2013 Entry Time: 03:05 PM Exit Time: 04:45 PM
Primary Inspector: Linda S Wiggs Phone: [phone]
Secondary Inspector(s): Ext.4653
Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling
Permit Inspection Type: Deemed permitted collection system management and
operation
Facility Status: ■ Compliant fl Not Compliant
Question Areas:
Miscellaneous Questions Performance Standards Operation&Maint Regmts Records
■Monitoring&Rpting ■Inspections Pump Station Manhole
Reqmts
Lines
(See attachment summary)
Page: 1

Permit: WQCSD0363 Owner-Facility: Pavillon International
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Inspection Summary:
This facility has not had a collection system inspection before. This inspection will assist with getting them up to speed
with requirements. In this report NA means Not Applicable, NE means Not Evaluated by inspector.
�t l
Page: 2

Permit: WQCSD0363 Owner-Facility: Pavilion International
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? n ■ ❑ n
What educational tools are used?
Management needs to address kitchen staff on grease reduction. The wastewater system was not
designed for a full kitchen,so management of the grease in the kitchen is imperative. Can the majority of the
grease then dispose of it with the garbage.
Is Sewer Use Ordinance/Legal Authority available? ❑ o ■ n
Does it appear that the Sewer Use Ordinance is enforced? In n ■ n
Is Grease Trap Ordinance available? In n ■ n
Is Septic Tank Ordinance available(as applicable,i.e.annexation) {] n ■ n
List enforcement actions by permittee, if any,in the last 12 months
Has an acceptable Capital Improvement Plan(CIP)been implemented? n n ■ n
Does CIP address short term needs and long term\"master plan\"concepts? n n ■ n
Does CIP cover three to five year period? n n ■ n
Does CIP include Goal Statement? n ❑ ■
Does CIP include description of project area? In n ■ rl
Does CIP include description of existing facilities? n n ■ n
Does CIP include known deficiencies? n n ■ n
Does CIP include forecasted future needs? 0 11 ■ n
Is CIP designated only for wastewater collection and treatment? n n ■
Approximate capital improvement budget for collection system?
Total annual revenue for wastewater collection and treatment?
CIP Comments
Is system free of known points of bypass? ■ n I_l 11
If no,describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations? ■ n 0 n
#Does the sign include:
Instructions for notification? 0 n n n
Pump station identifier? ❑ 0 ■ n
24-hour contact numbers ■ n n n
Page: 3

Permit: WQCSD0363 Owner-Facility: Pavillon International
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
i
If no, list deficient pump stations
James and James will have a sign at the dosing tanks pump station. Pavillon maintenance crew should be
well versed in dosing tank pumps and procedures.
#Do ALL pump stations have an"auto polling"feature/SCADA? n n ■ n
Number of pump stations
Number of pump stations that have SCADA
Number of pump stations that have simple telemetry
Number of pump stations that have only audible and visual alarms 1
Number of pump stations that do not meet permit requirements
#Does the permittee have a root control program? ❑ n ■ n
#If yes,date implemented?
Describe:
Comment: Dosing tank has an audible and visual alarm.
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ❑ n n ■ ,-
Are records available that document pump station inspections? n n n ■ /i
Are SCADA or telemetry equipped pump stations inspected at least once a week? n ❑ ■ n
Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ n ❑ ■
Are records available that document citizen complaints? ❑ n ■ n
#Do you have a system to conduct an annual observation of entire system? ■ (_I o n
#Has there been an observation of remote areas in the last year? n n ■ n
Are records available that document inspections of high-priority lines? n n ■ n
Has there been visual inspections of high-priority lines in last six months? n n ■ n
Comment: ORC states that maintenance records and inspections are kept in the ORC
log book, which is fine, but please make sure daily inspections are noted. On days that
ORC is not onsite, Pavilion staff should check the dosing tanks to make sure pumps are
operational and note inspection. Where the Pavilion staff document their checks can be
worked out between ORC and staff, it does not have to be the ORC log book.
Operation&Maintenance Requirements Yes No NA NE
Are all log books available? ■ n 00
Does supervisor review all log books on a regular basis? n n n ■
Does the supervisor have plans to address documented short-term problem areas? ❑ ❑ n ■
Page: 4

Permit: WQCSD0363 Owner-Facility: Pavilion International
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
-' What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas?
This inspection is a mechanism to inform the supervisor of collection system requirements.
Are maintenance records for equipment available? 0 0 n ■
Is a schedule maintained for testing emergency/standby equipment? 0 Cl ❑ ■
What is the schedule for testing emergency/standby equipment?
Do pump station logs include:
Inside and outside cleaning and debris removal? n ❑ ❑ ■
Inspecting and exercising all valves? 0 n C1 ■
Inspecting and lubricating pumps and other equipment? n n o ■
Inspecting alarms,telemetry and auxiliary equipment? In n ❑ ■
Is there at least one spare pump for each pump station w/o pump reliability? 0 ❑ 0 ■
Are maintenance records for right-of-ways available? n n ❑ ■
Are right-of-ways currently accessible in the event of an emergency? ■
Are system cleaning records available? Q ❑ 0 ■
-._ Has at least 10%of system been cleaned annually? I] rl ❑ ■
What areas are scheduled for cleaning in the next 12 months?
A thorough evaluation of the log books and documenting procedures was not performed. A collection sytem
inspection has not been performed at this facility before so this inspection check list will assist owners in
understanding requirements.
Is a Spill Response Action Plan available? ■ (1 n fl
Does the plan include:
24-hour contact numbers fl ❑ ❑ ■
Response time Q n Q ■
Equipment list and spare parts inventory Q fl o ■
Access to cleaning equipment n In o ■
Access to construction crews,contractors,and/or engineers Q n 0 ■
Source of emergency funds ❑ n Q ■
Site sanitation and cleanup materials fl ❑ ❑ ■
Post-overflow/spill assessment 0 0 n ■
Is a Spill Response Action Plan available for all personnel? [I ❑ 0 ■
Is the spare parts inventory adequate? 0 fl 0 ■
Page: 5

Permit: WQCSD0363 Owner-Facility: Pavilion International
Inspection Date: 01/29/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Comment: Pavillon staff know to contact James and James in case of a
spill/bypass/upset associated with the wastewater system which includes the collection
system.
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? n n ■ n
Are records of SSOs that are under the reportable threshold available? n In ■ n
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n n ■ n
If yes, is there a corrective action plan? n n ■ n
Is a map of the system available? ■ n n n
Does the map include:
Pipe sizes n n n ■
Pipe materials n n n ■
Pipe location n ❑ n ■
Flow direction n n n ■
Approximate pipe age n n n ■ ,`
Number of service taps n n n ■
Pump stations and capacity n n n ■
If no,what percent is complete?
List any modifications and extensions that need to be added to the map
The map of the system is the Engineers plans.This map may need updating. Review for accuracy.
#Does the permittee have a copy of their permit? n n ■ n
Comment: Deemed system, no permit issued.
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? n 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 n ■ n
#Is permittee compliant with all compliance schedules in the permits? n n ■ n
If no,which one(s)?
Comment:
Page: 6

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
- Governor Director Secretary
February 18, 2013
Mr. James Macomson
Wilsonart International
P.O. Box 249
Fletcher,NC 28732
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Wilsonart International
Permit No: NCG050030
Henderson County
Dear Mr. Macomson:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
February 6, 2013. Jonathan Stepp and I appreciated your and Mr.McCoy's assistance during the
inspection. The facility was found to be in compliance with permit NCG050030.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference. A new qualitative monitoring form has also been enclosed with
- this letter.
Please contact me at(828) 296-4665 or Susan.A.Wilson(a�ncdenr.gov, if I can be of any further
assistance.
Sincerely,
, _,. r
A �
Susan A. Wilson
Environmental Engineer
Surface Water Protection
Enclosure—Inspection Report, Qualitative Monitoring Form
cc: Central Files
Asheville Files
S:\SWP\Henderson\Storrnwater\NCG05 Apparel,Printing,\Wilsonart\LTRCEIWilsonartO22013.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone] NQl" 11Cc`iY0111a
Internet:www.ncwaterquality.org � � �
An Equal Opportunity\Affirmative Action Employer

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Compliance Inspection Report
Permit: NCG050030 Effective: 06/01/08 Expiration: 05/31/13 Owner: Wilsonart International
SOC: Effective: Expiration: Facility: Wilsonart International
County: Henderson Cane Creek Industrial Park
Region: Asheville
Fletcher NC 28732
Contact Person: James Macomson Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 02/06/2013 Entry Time: 11:00 AM Exit Time: 12:45 PM
Primary Inspector: Susan A Wilson Phone: [phone]
Secondary Inspector(s):
Jonathan Stepp Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater
Discharge COC
Facility Status: ■Compliant n Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG050030 Owner-Facility: Wilsonart International
Inspection Date: 02/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Susan Wilson and Jonathan Stepp (DWQ)met James Macomson and Terry McCoy with Wilsonart at the site. The
company makes laminate on site from resin. The site appeared well maintained and the records appeared to be complete
at the time of this inspection.
DWQ suggests that the site map be updated to indicate all drop inlets and the direction of drainages for any outfalls.
Records of any storm water discharges from secondary containment areas should be maintained (esp. the resin storage
area).
Page: 2

Permit: NCG050030 Owner-Facility: Wilsonart International
Inspection Date: 02/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
J Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ 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? ■ Cl 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 n
#Does the facility provide all necessary secondary containment? ■ n 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 n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n
#Does the facility provide and document Employee Training? ■ Cl n n
#Does the Plan include a list of Responsible Party(s)? ■ n n
#Is the Plan reviewed and updated annually? ■ n n
#Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ n n
Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n
Comment: The plan was well written. The facility should have an annual update and
signature sheet for the SWPPP (to sign after the plan has been reviewed annually).
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 ■ n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ n ■ n
Comment: All vehicle maintenance was done under cover and not subject to analytical
monitoring.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 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
Page: 3

Permit: NCG050030 Owner-Facility: Wilsonart International
Inspection Date: 02/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment: The main storm water outfall is on the western side of the plant and has an
emergency manual valve closure that could be employed in the event of a containment
failure. This outlet receives storm water and ground water infiltration.
�1
Page: 4

ATMA.
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E.Skvarla III
Governor Director Secretary
February 19, 2013
Mr. Tom Maholias, POA President
Toxaway Falls POA Inc
P.O. Box 270
Lake Toxaway, NC 28747-0270
SUBJECT: Compliance Evaluation Inspection
Toxaway Falls WWTP
Permit No: NCO052043
Transylvania County
Dear Mr. Maholias:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on January 24, 2013. No violations of permit requirements or applicable regulations were
observed during this inspection. The facility appeared to be in compliance with permit
NC0052043.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, plea call me at 828-296-4500.
SincerelYy,
Jeff M
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 WoAhCarolina
Phone:[phone]\FAX:[phone] //�
Internet:www.ncwaterguality.org Natural
C:\Documents and Settings\jbmenzel\My Documents\52043 CEI 01-24-2013.docx

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United States Environmental Protection Agency
EPA/� Washington,D.C.20460 Form Approved.
OMB No.2040-0057
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 NI 2 15 I 31 NCO052043 111 121 13/01/24 117 181 C I 19I S I 20I_I
Remarks
211III IIIIIIII IIIIIIIIIIII III I IIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70131 71 I I 72I N I 73I I '74 75I I I I I I I 180
Section B: Facility Data �—I—I
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)
Toxaway Falls WWTP
02:30 PM 13/01/24 12/11/01
Toxaway River Rd Exit Time/Date Permit Expiration Date
Lake Toxaway NC 28747 03:30 PM 13/01/24 17/08/31
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
Wesley RoyaI,PO Box 636 Rosman NC 28772//828-506-5572/ Contacted
No
i
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Flow Measurement Operations&Maintenance 0Facility 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 spector(s) Agency/Office/Phone and Fax Numbers Date
I
Jeff Menzel ARO WQ//828-296-4500/ A;�
l fa
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 1��
3) NCO052043 111 12I 13/01/24 ' 17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)This was an unannounced inspection. All parts of the treatment unit appeared to be working properly.No
violations of permit requirements or applicable regulations were observed during this inspection.
Page# 2

Permit: NCO052043 Owner-Facility: Toxaway Falls WWTP
Inspection Date: 01/24/2013 Inspection Type: Compliance Evaluation
Operations $ Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n 0 Q
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ❑ 1=1 Q ■
Judge,and other that are applicable?
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? 0 ❑
Are surface aerators and mixers operational? ❑ n ■ ❑
Are the diffusers operational? ■ ❑ ❑ Q
Is the foam the proper color for the treatment process? ■ ❑ 0 Q
Does the foam cover less than 25%of the basin's surface? ■ D ❑ n
Is the DO level acceptable? n fl n
Is the DO level acceptable?(1.0 to 3.0 mg/1) n D n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n Q 0
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ n
Are weirs level? ■ ❑ ❑ 0
Is the site free of weir blockage? ■ 0 0 0
Is the site free of evidence of short-circuiting? ■ 0 0
Is scum removal adequate? ■ fl n n
Is the site free of excessive floating sludge? ■ Q ❑ 0
Is the drive unit operational? n 0 ■ 0
Is the return rate acceptable(low turbulence)? n Q n ■
Is the overflow clear of excessive solids/pin floc? ■ I_I ❑ 11
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ❑ ❑ n ■
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ fl (1
Page# 3

Permit: NC0052043 Owner-Facility: Toxaway Falls WWTP \
Inspection Date: 01/24/2013 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 4
Is the level of chlorine residual acceptable? ■ n rl
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ n
Is storage appropriate for cylinders? ■ ❑ n n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n ❑ n
Are tablet de-chlorinators operational? ■ n ❑ n i
Number of tubes in use? 4
Comment:
Page# 4

A
n,
A2= �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E.Skvarla III
Governor Director Secretary
February 19, 2013
Aubrey Lewis Deaver
A& D Water Service Inc
PO Box 1407
Pisgah Forest NC 28768-1407
SUBJECT: Compliance Evaluation Inspection
Sherwood Forest WWTP
Permit No: NCO048658
Transylvania County
Dear Mr. Deaver:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on January 24, 2013. The chlorine contact basin has:accumulated sand and dirt in it and
needs to be cleaned out. The facility appears to be operating well. No violations of permit
requirements or applicable regulations were observed during this inspection.
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.
Sincerely,
l
Jeff Menzel
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone::ww ncwat 00\FAX;828 2�9- Naturally
Internet:www.ncwaterguality.org`,/►'"
S:\SWP\Transylvania\Wastewater\Minors\Sherwood Forest 44784\48658 CEI 1-24-2013.docx

United States Environmental Protection Agency Form Approved.
C p/� Washington,D.C.20460 OMB No.2040-0057
Water Compfi;;nre In-glapdoon Report r/`'� 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 15 I 31 NCO048658 111 121 13/01/24 117 181 C I 19I S I 201 I
Remarks
211111111IIIII111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----- --------------------Reserved----------------------
67I 169 70131 71 I_I 72I N I 73I I 174 75I I I I I I Li 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)
Sherwood Forest WWTP 01:00 PM 13/01/24 11/06/01
US Hwy 276 Exit Time/Date Permit Expiration Date
Cedar Mountain NC 28718 02:00 PM 13/01/24 15/09/30
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
Aubrey Lewis Deaver,PO Box 1407 Pisgah Forest NC Contacted
;T 287681407/President/828-884-9772/8288848632 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance 0 Facility Site Review 0 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
Jeff Menzel ARO WQ//828-296-4500/ 2, (t(/(3
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 1
3 NCO048658 111 12, 13/01/24 117
18I C
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This was an unannounced inspection. At the time of inspection only one of the two sand beds was being
used. The inspector observed the dosing of the sand bed and all lateral pipes appeared to be draining
correctly.
The chlorine contact basin has accumulated sand and dirt in it and needs to be cleaned out. The facility
appears to be operating well. No violations of permit requirements or applicable regulations were observed
during this inspection
Page# 2

Permit: NCO048658 Owner-Facility: Sherwood Forest WWTP
Inspection Date: 01/24/2013 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids,pH, DO,Sludge DO ❑ ■
Judge,and other that are applicable?
Comment:
Sand Filters(Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? n n ■ n
Is the distribution box level and watertight? ■ n n In
Is sand filter free of ponding? ■ n
Is the sand filter effluent re-circulated at a valid ratio? n n ❑ ■
#Is the sand filter surface free of algae or excessive vegetation? ■ Cl n 13
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n n ■
Comment: At the time of inspection only one of the two sand beds was being used.
The inspector observed the dosing of the sand bed and all lateral pipes appeared to be
draining correctly.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ o o
Are the tablets the proper size and type? ■ n n In
Number of tubes in use? 4
Is the level of chlorine residual acceptable? ■ Q n [1
Is the contact chamber free of growth,or sludge buildup? n ■ rl n
Is there chlorine residual prior to de-chlorination? ■ D n n
Comment: The chlorine contact basin has accumulated sand and dirt in it and needs
to be cleaned out.
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ [I n
Is storage appropriate for cylinders? ■ ❑ n 0
#Is de-chlorination substance stored away from chlorine containers? ■ n 0
Comment:
Are the tablets the proper size and type? ■ n 0 ❑
Are tablet de-chlorinators operational? ■ 0 Q 0
Page# 3

Permit: NC0048658 Owner-Facility: Sherwood Forest WWTP
Inspection Date: 01/24/2013 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE ~
Number of tubes in use? 4
Comment:
Page# 4

4
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 19, 2013
Sam Greenwood
Town of Franklin
PO Box 1479
Franklin NC 28744
Subject: NOTICE OF VIOLATION
NOV-2013-DV-0044
Permit No. WQCS00101
Town of Franklin
Franklin Collection System
Macon County
Dear Mr. Greenwood:
A review has been conducted of Franklin Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Reports submitted by Town of Franklin. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit
WQCS00101 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) Date Sanitary Sewer Overflow Discharge
Without Valid
Permit
Boyds Pump Station 1/30/2013 Unknown gallons (UT Power Outage
DWQ Incident#201300238 McDowell)
East Franklin by Hardees 1/30/2013 Severe Natural
DWQ Incident#201300239 Unknown gallons (Lake Emory) Condition
Crane Circle 1/30/2013 Severe Natural
DWQ Incident#201300240 Unknown gallons(Lake Emory) Condition
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
1rt11Caro/li/na
www.newatercivali�.org
Phone:[phone]\FAX:[phone] �q�ura`[�
Internet:

Page Two
Town of Franklin
2/19/2013
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 Linda
Wiggs at 828-296-4500.
Sincerely,
Chuck Cranford, egional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc: DWQ ARO Files
DWQ Central Files
PERCS Unit
S:\SWP\Macon\Collection Systems\Franklin Collection System\NOV-2013-DV-0044.SSO.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director
Secretary
February 19, 2013
Ms. Louise J. Geddes
c/o Colaparchee, LLC
2590 Woodward Way
Atlanta, GA 30305
Subject: 401 Water Quality Certification -Approval
Louise J. Geddes (Glenville Shoreline Stabilization)
DWQ Project# 13-0067
Jackson County
LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III, HQW, B
Dear Ms. Geddes:
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 0.01 acres of open waters [approximately
175 feet; 125 linear feet dry stack boulder w/rip rap, 50 feet rip-rap only] 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 3898. 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)Jackson County Erosion and
Sediment Control regulations and Duke Energy Lake Services guidelines.
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
Phone:[phone]M FAX:[phone] One
Internet:www.nGwaterquality.org NorffiCarohna
An Equal Opportunity,Affirmative Action Employer
ahm l&

Ms.Geddes
February 19,2013
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.01 (acres below Ref. application and sketch
full pool) diagram. �-
[appx. 175 linear feet: 50
feet rip-rap; 125 feet dry
stack w/rip rap]
*Refer to Duke Energy
guidelines for boulder
wall design
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
Impervious surfaces (excluding access pathways) should be kept 30 feet back from surface waters [ref. 15A
NCAC 2B .0215].
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 Wilson in the Asheville Regional Office at
[phone].
Sincp-j:ely,
for Charli s Wakild,P.E.,Director
CWlsaw
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
Duke Energy Lake Services—Lisa Leatherman
Jackson County Planning—Steve Beasley
ARO File Copy
S:\SWP\Jackson\401s\Non-DOI`Geddes Glenville\APRVL.Geddes Shoreline.2 2013.doc

T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrary Charles Wakild, P.E. Jahn E. Skvarla, III
Governor Director
Secretary
February 19, 2013
Ms. Sybil Jean Watkins
P.O. Box 717
Horse Shoe,NC 28742
Subject: 401 Water Quality Certification-Approval
Watkins—Driveway Culvert Installation
DWQ Project# 13-0045
Henderson County
FRB/UT Murray Creek/6-55-5-11 Class C
Dear Ms. Watkins:
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 20 feet of stream, along with 100 feet of
temporary diversion, for the purpose of a culvert extension 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 3890. This Certification allows
you to use Nationwide Permit 29 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 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 meta No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] NOnri:hCar011na.
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
49hi 'q��l,�

Ms.Watkins
February 19,2013
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Stream 20 (feet) Permanent Culvert
Extension,ref. C.3. of
Application
Stream 100 (feet) Temporary Stream
Diversion,ref. C.3. of
Application
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 Susan Wilson in the Asheville Regional Office at
[phone].
Sincerely,
-T
for Charles Wakild,P.E.,Director
CWlsaw
Enc: GC3890
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit—Karen Higgins
Henderson County Planning—Natalie Berry
ARO File Copy
Mr. Mitchell Osteen(e-copy)
S:\SWP\Henderson\401s\Non-DOT\Watkins culvert\APRVL.Watkins Culvert.2 2013.doc

441'��
NCDERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, ill
Governor Director
Secretary
February 19, 2013
Mr. Barnabus Froystad
The Lawn Ranger
P.O. Box 660
Glenville,NC 28736
Subject: Request for More Information
401 Water Quality Certification
Hollingshead Lot 10, Shoreline Stabilization
DWQ Project#13-0079
Jackson County
Response deadline: March 20, 2013
Dear Mr. Froystad:
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. The DWQ, along with Duke Energy Lake.Services, require that you evaluate the feasibility of a)
bioengineered techniques(i.e.,native plantings to alleviate soil erosion in lieu of or in
combination with hard structures), b)rip-rap only, and c) the combination of dry stack wall and
rip-rap.
From the documentation submitted, erosion along the property owner's shoreline appears to be
minimal. Rip-rap (only) stabilization may be the most feasible option along the portion of
shoreline requested. Please re-evaluate and demonstrate the need for a boulder(dry stack)wall if
the owner still wishes to pursue that option.
If work is not conducted from a barge,Duke Energy Lake Services will require replacement in accordance with
Exhibit 1,Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:$28-299-7043 One
NOI'C�l CafOrofiI111a
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer Y '�Fr

Mr.Froystad
February 19,2013
Page 2 of 2
Permanent impervious surfaces (excluding access pathways)must be kept 30 feet back from surface waters [re£'
15A NCAC 213 .0215].
Please provide your response in writing to the addresses below by March 20,2013. Four copies of the required
information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at:
Ms. Karen Higgins
WBSCP Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Susan 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 Ms. Wilson at(828)296-4665, if you have any questions.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Mr. Earl Hollingshead, 164 St. Francis St., Suite 205, Mobile,AL 36602
Lisa Leatherman—Duke Energy Lake Services
Karen Higgins- WBSCP Unit
ARO File copy
S:\SWPUackson\401s\Non-DOT\Hollingshead Glenville\ADDINFO.Hollingshead.2 2013.doc
i

AiriT;
wrrr`,�s�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water-Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 19,2013
Thomas and Cindy Rainey
1427 Walcutt's Way
Marietta, Georgia 30064
Subject: 401 Water Quality Certification Approval
Rainey Shoreline Stabilization—Lot 2
DWQ Project#2013-0122
Macon County
LTN03 /Nantahala River(Nantahala Lake)/2-57-(22.5)/Class B; Tr
Dear Mr. and Mrs. Rainey:
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 0.0135 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 3898. 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 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 anew 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
Waters 0.0 13 5 (acres) 147 Linear Feet Application Item 7.
Location:2090 U.S.Hi hway70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] 1�TOne 1
Internet:www.ncwaterquality.org NorthCarolina
An Equal Opportunity 1.Affirmative Action Employer
Rht&��l,�

Rainey Property
February 19,2013
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 Kevin Barnett in the Asheville Regional Office at
[phone].
Sincerely,
fo.Charles Wakild,P.E.,Director
CWlkhb
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office -
WBSCP Unit—Central Office
Lisa Leatherman, Duke Energy Lake Services
Macon County
File Copy
S:\SWP\Macon\401 s\Non-DOT\Rainey.Nantahala\Rainey.Appvl.02-19-2013.doc

Abli
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla.III
Governor Director Secretary
February 19, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2469
Mr. Henry Keith Odom
Magnolia Place
1 Ariel Loop
Hendersonville,North Carolina 28792-9583
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 NCO071862
Henry K. Odom
Magnolia Place WWTP
Case No. LV-2013-0031
Henderson County
Dear Mr. Odom:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Henry K. Odom.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Henry K. Odom for the month of August 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071862. The violations which occurred in
August 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henry K. Odom violated the terms,
conditions or requirements of NPDES Permit NCO071862 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Henry K. Odom:
No thCarolina
N,74 a4
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterouality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0071862,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 NC0071862, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0071862,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
$137.00 Enforcement Costs
$337.00 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 143B-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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter,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,
' '' t //
Chuck Crai ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S:'::Sbi P`,H.enderscan\WastestiaCer.Minorslvl:agnolia Place 71 Y6TIN-2013-003 Ldoz

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0031 County: Henderson
Assessed Party: Henry K. Odom/ Magnolia Place WWTP
Permit No.: NCO071862 Amount Assessed: $337.00
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 HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HENRY K. ODOM/ )
MAGNOLIA PLACE WWTP )
PERMIT NO. NC0071862 ' ) FILE NO. LV-2013-0031
Having been assessed civil penalties totaling$337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 19, 2013,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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WMERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E.Skvarla, III
Governor Director Secretary
February 19, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2476
Mr. Charles D. Owen, III
Fletcher Warehousing Company
P.O. Box 188
Fletcher,North Carolina 28732-0188
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 NC0000094
Fletcher Warehousing Company
Fletcher Warehousing Company WWTP
Case No. LV-2013-0030
Henderson County
Dear Mr. Owen:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$237.00
($100.00 civil penalty+ $137.00 enforcement costs) against Fletcher Warehousing Company.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Fletcher Warehousing Company for the month of
September 2012. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0000094. The violations
which occurred in September 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Warehousing Company
violated the terms, conditions or requirements of NPDES Permit NC0000094 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Fletcher Warehousing Company:
NorthCarolina
�aturallt�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwatercivality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0000094, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for FLOW.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0000094, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLL
$100.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$237.00 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. J
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 j
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 143B-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 original and one (1)copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, 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.
Sincere�y,
Chuck Cfanford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
Goldie &Associates/ORC w/attachments -
S SWl' Iiender,�onI. antewater;inclustiial`.Fletcher Warehouse 00094`L -2013-0030.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0030 County: Henderson
Assessed Party: Fletcher Warehousing Company
Permit No.: NC0000094 Amount Assessed: $237.00
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:

�\
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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
FLETCHER WAREHOUSING COMPANY )
PERMIT NO.NC0000094 ) FILENO. LV-2013-0030
Having been assessed civil penalties totaling $237.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 19,2013,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
Pat McCrory Charles Wakild,P.E. John E.Skvarla, III
Governor Director Secretary
February 19, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2490
Mr. Ridgeway T. Lynch, Jr.
Kanuga Conferences Inc.
P.O. Box 250
Hendersonville,North Carolina 28793-0250
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 NCO024431
Kanuga Conferences Inc.
Kanuga Conferences WWTP
Case No. LV-2013-0032
Henderson County
Dear Mr. Lynch:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$587.00
($450.00 civil penalty+ $137.00 enforcement costs) against Kanuga Conferences Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Kanuga Conferences Inc. for the month of August 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO024431. The violations which occurred in
August 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Kanuga Conferences Inc. violated
the terms, conditions or requirements of NPDES Permit NCO024431 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, Chuck Cranford,Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Kanuga Conferences Inc.:
NorthCarolina
Natma!!ry
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NCO024431, by discharging waste water into the waters of the State `
in violation of the Permit Daily Maximum limit for BOD - Conc.
OO
1 of the 1 violations of G.S. 143-215.1 a 6 and NPDES Permit No.
$100.00 NCO024431, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLL
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NCO024431, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Conc.
$450.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$587.00 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-
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.
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, 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.
Sincer y,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments "
S:Sty%#"•.Hendersc)W,Wastewater�,.Ntinors.Isaiiuyat:onferences 2443.1`:LV-2013-00321.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0032 County: Henderson
Assessed Party: Kanuga Conferences Inc./Kanuga Conferences WWTP
Permit No.: NC0024431 Amount Assessed: $587.00
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:

___. :.:...__- _-..- ..-- __ _-____...____-. -�L____..:
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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
KANUGA CONFERENCES INC. / )
KANUGA CONFERENCES WWTP )
PERMIT NO. NCO024431 ) FILE NO. LV-2013-0032
Having been assessed civil penalties totaling$587.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 19, 2013,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 .520
SIGNATURE
ADDRESS
TELEPHONE

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NCDENK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 20, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2506
Mr. Danny McIntosh, Mayor
Town of Burnsville
PO Box 97
Burnsville,NC 28714
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00143
Town of Burnsville
Burnsville Collection System
Case No. DV-2013-0010
Yancey County
Dear Mayor McIntosh:
This letter transmits an assessment of civil penalty in the amount of$387.00 ($250.00 civil penalty
+$137.00 enforcement costs)against the Town of Burnsville.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow(SSO) 5-Day Report submitted by the Town of Burnsville. This review has
shown the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00143 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment
A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Burnsville violated the
terms, conditions or requirements of Collection System Permit WQCS00143 and G.S. 143-
215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A, 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Burnsville.
~ SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 brie
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 NOTthCar olina
Internet: www.ncwaterquali
An Equal Opportunity 1 AffiActi �aturaj��rmativeve Action Employer !L L

$250.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit#
WQCS00143 for a Sanitary Sewer Overflow of 140,000 gallons of
untreated wastewater from the collection system.
(Ref: Incident# 201201964 )
$250.00 TOTAL CIVIL PENALTY
$137.00 ENFORCEMENT COST
$387.00 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:
Pretreatment Emergency Response and Collection Systems 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
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:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Chuck Cranford
NCDENR
2090 U.S. Hwy 70
Swannanoa,NC 28778
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 original and one (1) copy of the petition must be filed with the Office

of Administrative Hearings. The petition may be faxed -provided the original and one copy of the`..
document is received in the Office of Administrative Hearings within five(5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,NC 27699-1617
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, 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.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Linda Wiggs of the Asheville Regional Office at 828-296-4500.
Date ' Chuck Cran rd
Surface Water Regional Supervisor
Asheville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/attachments
Public Information Officer -
PERCS Unit Enforcement File w/attachments
Central Files w/attachments
S:\SWP\Yancey\Collection Systems\Burnsville Collection System\DV-2013-0010.doc

-ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF YANCEY AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF BURNSVILLE
BURNSVILLE COLLECTION SYSTEM ) STIPULATION OF FACTS
PERMIT NO. WQCS00143 ) FILE NO. DV-2013-0010.
Having been assessed civil penalties totaling$387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality February 20, 2013,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 with 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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 20,2013
Graham County
DWQ Project 20130158
TEP No.BD-5114C Bridge No.23
NCSR 1212(T.J. Wilson Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.J. B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below,for the following impacts in Sweetwater Creek
and in an unnamed tributary to Sweetwater Creek for the purpose of replacing Bridge No.23 with a two span structure,
one at 30-foot long by 27-foot wide and one at 45-foot long by 27-foot wide,concrete cored slab bridge on NCSR 1212
(T.J.Wilson Road)in Graham County:
Stream Impacts in the Little Tennessee River Basin
Site Temporary Fill Stream Permanent Temporary Total Stream
In Intermittent Relocation in Fill in Impacts in Stream Impacts
Stream Perennial Perennial Perennial Impact Requiring
(linear ft) Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) linear ft) (linear ft
Site 1 0 0 9 40 49 0
Site 2 0 95 0 120 215 0
Total 0 95 1 9 1 160 264 0
Total Permanent Stream Impacts for Project: 1041in.ft.Total Temporary Stream Impacts for Project: 160 linear ft.
The project should be constructed in accordance with your application dated February 15, 2013 (received February 15,
2013), 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 No. 3886, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. 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
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOIt�1Ca101ll1a
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet) www.ncwaterquative Acts ;jy��yJd4
An Equal Opportunity 1 Affirmative Action Employer ILL L bL"

Mr.J.B. Setzer,P.E.
February 20,2013
Page Two
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 he 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
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borro�-�'
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with th`e-
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. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of January 1 through April 15 to protect the egg and fry stages of trout.
5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to
trout waters. However, due to the size of the project,NC DOT shall not be required to meet 15A NCAC 413 .0124(a)
regarding the maximum amount of uncovered acres. 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 exception. 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 or cellulose mulch into surface waters in prohibited. Riparian '
areas are defined as a distance 25 feet landward from top of stream bank. `

✓Ir.J. B. Setzer,P.E.
February 20,2013
Page Three
6. All channel relocations will be constructed in a dry work area and shall be completed and stabilized and approved on
site by NCDWQ 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.
7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
8. 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.
9. 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 Stormwater Best Management Practices.
10. 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.
11. 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.
12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.

Mr. J. B. Setzer,P.E.
February 20,2013
Page Four
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
24. 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.
25. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
26. 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.
27. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
28. 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.
29. 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.
30. 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. "'\
31. 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.
32. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
33. 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.
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.
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.

,4r.J. B. Setzer,P.E.
February 20,2013
Page Five
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,
for Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20130158(Setter)Bridge 23 NCSR 1212(T.J.Wilson Road)

AA,N�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.Governor Director John E. Skvarla, 111
Secretary
February 20,2013
Robin Ragans
4415 Fairemoore Walk
Suwanee, GA 30024
Subject: 401 Water Quality Certification-Approval
Project Name: Robin Ragans Wall Repair
DWQ Project#2013-0105
Rutherford County
Broad Basin/Lake Lure/9(17)/B:Tr
Dear Ms. Ragan:
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 6 linear feet of open waters for the purpose
of wall 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 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE).
Authorization to proceed with your proposed impacts or to conduct impac s o wa ers as epicte m 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, floodplain, 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
Waters 6 linear feet or 0.0002 rock wall sketch plan
;F
(acres)
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] h One 1
Internet:www.ncwaterquality.org lNorthCarolina
An Equal Opportunity\Affirmative Action Employer Aq& ""'4

Robin Ragans
2/20/2013
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 Tim Fox in the Asheville Regional Office at(828)
296-4664.
Sincerely,
r'
for Charles Wakild,P.E.,Director
CWltrf
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
Clint Calhoun—Town of Lake Lure
H.E. Yountz—Lake Lure Handyman
File Copy
S:\SWP\Rutherford\401s\Non-DOT\Robin Ragans\APRVL.401RobinRagans.02-20-13.doc

HUNK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director
Secretary
February 21,2013
Tom Carpenter
1419 Rock Corner Road
Forest City,NC 28043
Subject: 401 Water Quality Certification-Approval
Project Name: Tom Carpenter Bank Stabilization Project
DWQ Project#2013-0095
McDowell County
Catawba/Lake James/ 11-8 /C
Dear Mr. Carpenter:
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 198 linear feet of open waters for the
purpose of stream bank 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 3898. 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, buffer and flood plain 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
Waters 198 linear feet or 0.02 Shoreline sketch plan
( (acres)
Location:2090 U.S.Highway 70,Swannanoa;North Carolina 28778
Phone:[phone]\FAX:[phone] 1tTOne 1
Internet:www.ncwaterquality.org NorthCarollna
An Equal Opportunity',Affirmative Action Employer
dltlll'ii f

Thomas Carpenter
2/21/2013
Page 2 of 2
Property boundary limits should be confirmed and verified before the stabilization process is initiated.
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 Tim Fox in the Asheville Regional Office at(828)
296-4664.
Sincerely,
for Charles Wakild, P.E., Director
CWltrf
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit—Central Office
Wade Harmon—Duke Energy Lake Services
Carissa Parker—Bennick Enterprises, LLC
File Copy
S:\SWP\McDowell\401s\Non-DOT\Tom Carpenter Lot#1\APRVL.401Tom Carpenter Lot 1.02-21-13.doc

LMMIA
NCDENR
North Carolina Department of Environment and Natural Resources
Division.of Water Quality
Pat McCrory Charles Wakild,P.E. John E. Skvarla,III
-' Governor Director
Secretary
February 21,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2537
Mr.Radford L. Thomas,Director,Public Utilities
City of Lenoir
Gunpowder Creek WWTP
P.O.Box 958
Lenoir,North Carolina 28645-0958
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0129
Gunpowder Creek WWTP
NPDES Permit No.NCO023736
Caldwell County
Dear Mr. Thomas:
A review of the November 2012 self-monitoring report for the subject facility revealed a violation of
the following parameter:
Date Outfall Parameter Reported Value Permit Limit
11/30/2012 001 Ammonia Nitrogen 7.7 mg/L 4 mg/L
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0023736.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation,request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the November 2012 Discharge Monitoring Report. You will then be notified
of any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER PROTECTION SECTION-AS:HEVILLE REGIONAL.
Location:2090 U.S Highway 70,Swatmatioa,North Carolina 28778 One
Phone:[phone]\Pax:828-299-7043 NorthCarolina
Internet:http://portal.ncdenr.orp/web/wo ,�jr,*
An Equal Opportunity',.Affir -mative Action Employer--50%Recycled l0%Post Consumer paper !! Y

Mr. Radford L. Thomas
February 21, 2013
Page Two
Remedial actions,if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely, fi'1�
° fj.
Chuck Crahford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S.SWV'C=aId-well.'.Wasteivater\Municipal`..6uupowderCrGek?-3'36':NO -N'R] ?U13-!-V-U["_9.doc

�
A-
- 1i�A'
NCD'ENR
North Carolina Department of Environment and Natural Resources
Division.of Water Quality
Pat McCrory Charles Wakild,P.E. John E. Skvarla,III
Governor Director Secretary
February 21,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2544
Mr.Radford L. Thomas,Director,Public Utilities
City of Lenoir
Gunpowder Creek WWTP
P.O.Box 958
Lenoir,North Carolina 28645-0958
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0128
Gunpowder Creek WWTP
NPDES Permit No. NCO023736
-� Caldwell County
,'Dear Mr. Thomas:
A review of the October 2012 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
10/31/2012 001 Ammonia Nitrogen 3.31 mg/L 2 mg/L
10/27/2012 601 Ammonia Nitrogen 7.98 mg/L 6 mg/L
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0023736.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars,($25,000.00)may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation,request technical assistance, or discuss overall compliance please respond in
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the October 2012 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER PROTECTION SECTION-ASI EVILLE REGIONAL OFFICE;
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\Fay:828-299-7043 NOrthCarollna
Internet:httP:(iportal.ncdenr.orp/web/wg N�,tupa rrl
An Equal Opportunity`:Afnnative Action Employer—50?,;RecYcled%l0%Post Consumer paper j y/

Mr. Radford L. Thomas
February 21, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
t -�
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
b.`WP'rCaldwcll'•.G1a,to atcr'%,Municipal',('juiipowclet Creek 1,31361,NOV-NRE 2013-1.:V-01.28,dc:�c

i
CENR
North.Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 21, 2013
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0131
Permit No. NCO061182
North Buncombe High School WWTP
Buncombe County
Dear Mr. Hall:
A review of North Buncombe High School's WWTP monitoring report for October 2012 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 10/30/2012 400#/100ml 472#/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.
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 or me at
828/296-4500.
Sincerely, E
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ORC
S:1SWP\Buncombe\Wastewater\Minors\North Bunc High Sch 61182\NOV-2013-LV-0131.doc No thCarolina
MA(dl4
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

\ \\
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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E. Skvarla,III
Governor Director Secretary
February 22, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2551
Ms.Angela H. Woodson,Town Clerk
Town of Rosman
Rosman WWTP
P.O. Box 636
Rosman,North Carolina 28772
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LM-0006
Rosman WWTP
NPDES Permit No. NCO021946
Transylvania County
Dear Ms. Woodson:
A review of the September 2.012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
09/30/2012 001 Fecal coliform 350#/ 100 ml 200 #/ 100 ml
09/08/2012 001 Fecal coliform 6950#/ 100 ml 400#/ 100 ml
09/15/2012 001 Fecal coliform 1200 #/ 100 ml 400 #/ 10-ml
09/22/2012 001 Fecal coliform 1800#/ 100 ml 400#/ 100 ml
Date Outfall Parameter Monitoring Frequency Violation
09/01/2012 001 Flow Continuous Failure to Monitor
09/02/2012 001 Flow Continuous Failure to Monitor
09/03/2012 001 Flow Continuous Failure to Monitor
09/04/2012 001 Flow Continuous Failure to Monitor
09/05/2012 001 Flow Continuous Failure to Monitor
09/06/2012 001 Flow Continuous Failure to Monitor
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the
-,noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0021946.
Si,RFACE WATER PROTECTION SECTION—ASIIEV LLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannatioa,North Carolina 28778 One
Phone:[phone]!Fax:[phone] NorthCarolina
Internet:http.//portal.ncdenr.org/web/wa '�'7��1��,�rJ�
An Equal Opportunity 1 Affirmative Action Employer--50%Recycled%10%Post Consumer paper (1►` tt,

Ms. Angela H. Woodson, Town Clerk
February 22,2013
Page Two \
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may bed-
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the September 2012 Discharge Monitoring Report. You will then be notified
of any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water.Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
4 gtVP,rraiisvlvair a.Wistewaicr;l-1Luiicipal%Rosmaii WWI?21946.\UV-NRE 201 -Lkf-(i006.doc

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NCDGcc.NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 22, 2013
Mr. Chris Braund, Town Manager
.Town of Lake Lure
P.O. Box 255
Lake Lure, North Carolina 28746-0255
Subject: NOTICE OF VIOLATION
NOV-2013-MV-0029
Permit No. NCO025381
Lake Lure WWTP
Rutherford County
Dear Mr. Braund:
A review of Lake Lure WWTP's monitoring report for November 2012 showed the following
violations:
Parameter Date Measuring Violation
Frequency
BOD, 5-Day(20 Deg. C) - Concentration 11/03/2012 3 X/Week Failure to Monitor
Coliform, Fecal MF, M-FC Broth,44.5C 11/03/2012 3 X/Week Failure to Monitor
Solids, Total Suspended - Concentration 11/03/2012 3 X/Week Failure to Monitor
Nitrogen, Ammonia Total (as N) - 11/03/2012 3 X /Week Failure to Monitor
Concentration
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
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.
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 or me at 828/296-4500.
Sincerely, c
J
40
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Donald G. Byers/ORC
S:1SWP1RutherfordlWastewater\Municipal\Lake Lure WVVTP 253811N0V-2013-Mil-0029.doc NoirthCarolina
Naturallrm
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.oro FAX [phone]

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WIER&
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director
Secretary
February 22,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2568
Mr. Freddie Boan
Trillium Links &Village LLC
One Trillium Center
Cashiers,North Carolina 28717
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 NCO059200
Trillium Links &Village LLC
Trillium Links &Village WWTP
Case No. LV-2013-0033
Jackson County
Dear Mr. Boan:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Trillium Links &Village LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Trillium Links &Village LLC for the month of Au ust
2012. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0059200. The violations which
occurred in August 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Trillium Links &Village LLC
violated the terms, conditions or requirements of NPDES Permit NCO059200 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Trillium Links &Village LLC:
ne
NorthCarolina
NaAmaI&
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]FAX:[phone]
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0059200, 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 NC0059200,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD- Conc.
1 of the l violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0059200, 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
$137.00 Enforcement Costs
$337.00 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: r
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 143B-282.I(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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter,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, ry
Chuck anford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
RPB Systems/ORC w/attachments
S `+4i P'.Jackson'Wastewater\h9inoAs`;Trillium[.in]<s&Vi]laee 59200\LV-2013-0033,doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0033 County: Jackson
Assessed Party: Trillium Links & Village LLC
Permit No.: NCO059200 Amount Assessed: $337.00
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:

Y

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TRILLIUM LINKS &VILLAGE LLC / )
TRILLIUM LINKS &VILLAGE WWTP )
PERMIT NO. NCO059200 ) FILE NO. LV-2013-0033
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 22, 2013, 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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NCURR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 25,2013
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
DWQ Project 10-1017
TIP No.U-2550B
NC Highway 18 @ I-40
Burke County
Dear Mr. Swain:
On February 20, 2013,I inspected the construction work on TIP Project No. U-2550B,NC Highway 18 at
Interstate 40 in Burke County. The inspection included a review of sediment and erosion control measures and
compliance with the 401 Water Quality Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
�6
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens, PE
Roger Bryan,Division 13,DEO
Ben DeWitt,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
R-2550B NC Highway 18 n I-40 February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwatemualitv.ora NOf hCarolina
An Equal Opportunity 1 Affirmative Action Employer at=4

Wetland Inspection Report
Project Num: 20101017 Version: 1 Status: Issued
Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements
County: Burke Region: Asheville
Location: NCDOT-NC 18(U-2550B)
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 02/20/2013
Reason for Inspection: Complaint
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
r
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Looked at all construction activities on the project.
Contractor is working on 1-40 west bridges and grading along NC Highway 18 south.
Contractor needs to perform general maintenance work on sediment and erosion control measures at site south of the Waffle House
and some seeding is needed at various areas on the project.
Continue to maintain sediment and erosion control measures.
Seed and mulch all bare areas as required.
Page: 1

Project Num: 20101017 Owner: NC DOT PDEA \'
Inspection Date: 02/20/2013 Inspection Type: Site inspection(DOT) Reason for Visit: Complaint
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? o ❑ n
Are the culverts and/or filled areas installed properly? n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ Cl 0
Comment:
Page: 2

NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 25,2013
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
TIE'No. B-5113C
Bridges 352 and 353
Burke County
Dear Mr. Swain:
On February 20,201,I inspected the construction work on TIP Project No. B-5113C,NCSR 1874, in Burke
County. The inspection included a review of the construction and compliance with the 401 Water Quality
Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood,PE
Roger Bryan,Division 13,DEO
Ben DeWitt,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-5113C NCSR 1874 February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 1'
Internet:www.ncwatemuality.oro NorthCarOlina
An Equal Opportunity!Affirmative Action Employer 1 hj&4

Site Inspection Report `
Site Number: WT000490
Site Name: B-5113C
Site Address: Po Boox 3279
County: Burke Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 13
Inspection Date: 02/20/13
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
E Permit(401 WQC)
Inspection Summary:
Contractor was backfilling the eastside end bent.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control measures.
Seed and mulch all bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

A&4 1
*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild John E. Skvarla, Ill
Governor Director Secretary
February 25,2013
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-Bridge No. 2
TIP No. BD-5114F
NCSR 1112
Clay County
Dear Mr. Setzer:
On February 18,2013,I inspected the construction work on Bridge No. 2 on NCSR 1112 in Clay County.
Bridge construction was underway at the time of inspection. Sediment and erosion control structures appeared
to be working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
e
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)Bridge No.2 NCSR 1112 Inspection Letter February 2013
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] brie
Internet:
wwncwatemua ti Action
NOTthCarolina
An Equal Opportunity 1 Affirmative Action Employer

Site Inspection Report
Site Number: WT000957
Site Name: Bridge#2 NCSR 1112 Young Harris Road
Site Address: 253 Webster Rd
County: Clay Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 14
Inspection Date: 02/18/13
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant }
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected Bridge Construction with NCDOT Inspectors.
Contractor working on bridge approaches.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control measures and seed and mulch bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

—.A 74J*LOA
N ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, RE. John. E. Skvarla, ill
Governor Director Secretary
February 25,2013
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
TIP No. B-5113 C
Bridge No. 140
NC Highway 197
Mitchell County
Dear Mr. Swain:
On February 21,2013,I inspected the construction work on TIP Project No. B-5113C,Bridge No. 140, over
Big Rock Creek, on NC Highway 197, in Mitchell County. The inspection included a review of the
construction and compliance with the 401 Water Quality Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
;;,Mee�--
< d
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood, PE
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-5113C Bridge No.140 February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
Internet:wwwmwaterouality.org One
NofthCarolina
An Equal Opportunity 1 Affirmative Action Employer ath&4

Site Inspection Report
Site Number: WT000492
Site Name: B-5113C Bridge No. 140
Site Address:
County: Mitchell Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 13
Inspection Date: 02/21/13
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Contractor was working pouring the south end bent.The north end bent and interior bents have been completed.
Sediment and erosion control measures appeared to be working properly.
Continue to maintain sediment and erosion control structures and seed and mulch bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n n
Comment:
Page: 1

rrri�rdr��...r�ua
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Waked, P.E. John E. Skvarla, III
Governor Director Secretary
February 25,2013
Mr.J. J. Swain,Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos. R-2519A
Yancey County
Dear Mr. Swain:
On February 21, 2013,I inspected the construction project on the US Highway 19 Project in Yancey County.
Construction continues along most of the project with heavy grading,utility construction and culvert
installation.
It's important that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney,PE
Roger Bryan, Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 19 R-2519A February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] i FAX:[phone] �n8 1.
Internet:www.nnity eA r a Affirmative
Action
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer
?�a�rt'«►flll�r

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___

Wetland Inspection Report
Project Num: 20071134 Version: 6 Status: Issued
Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening
R-2519A
County: Madison Region: Asheville
Location: NCDOT-US 19/US 19E R-2518 A,R-2518 B&R-2519A
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 02/21/2013
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
\ Facility compliance Status: S Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected R-2519A from Jacks Creek to end of project.
Heavy construction continues throughout most of the project with grading, pipe and culvert installation.
Sediment should be removed from the stormwater basin across from the old Avondale Mill building.
Continue to maintain sediment and erosion control measures.
Continue to seed and mulch bare areas as required.
Because of the frequent rain and snow it is essential that the contractor keep up with the seeding and maintaining the sediment and
erosion control measures.
Page: 1

Project Num: 20071134 Owner: NC DOT PDEA
Inspection Date: 02/21/2013 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine
l
Permit(401 iN Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? mo n n
Comment:
Page: 2

!r/WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakiid, P.E. John E. Skvarla, III
Governor Director Secretary
February 25,2013
Mr. J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
TIP No. B-5113C
Bridge No. 146
NCSR 2173
Buncombe County
Dear Mr. Swain:
On February 21, 2013, I inspected the construction work on TIP Project No. B-5113C,Bridge No. 146,over
Stony Fork Creek, on NCSR 2173, in Buncombe County. The inspection included a review of the construction
and compliance with the 401 Water Quality Certification.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood,PE
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-5113C Bridge No.146 February 2013 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone]\FAX:[phone]
Internet:www.ncwatemualitv.org N�nC�I'O�llla
An Equal Opportunity 1 Affirmative Action Employer AWlll'll�i�l�

Site Inspection Report
Site Number: WT000635
Site Name: BD-5113C Bridge No. 146
Site Address: PO Box 3279
County: Buncombe Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 13
Inspection Date: 02/21/13
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant ❑ Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
The contractor has nearly completed the bridge. Wing walls were being poured on the day of inspection.
Sediment and erosion control structuress appear to be working properly.
Continue to maintain sediment and erosion control structures and seed and mulch bare areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n
Are the culverts and/or filled areas installed properly? ■ n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n
Comment:
Page: 1

�C R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakiid, P.E. John E. Skvarla, 111
j' Governor Director Secretary
February 25, 2013
Tisa Bishop
Printpack, Inc. -Marshall Flexibles, LLC
100 Kenpak Ln.
Marshall,NC 28753
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Printpack, Inc. - Marshall Flexibles, LLC
Permit No: NCGO50394
Madison County
Dear Ms. Bishop:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
February 12, 2013. The facility was found to be in compliance with permit NCG050394. Your
assistance during the inspection was greatly appreciated.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at(828)296-4660 or Jonathan.Stepp@z ncdenr ov, if I can be of any further
assistance.
Sincerely,
Jonathan Stepp
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\A4adison\Stormwater\NCGO5 Apparel,Printing\Printpac\cei.printpack.02-12-2013.doe
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone] (one
Internet:www.ncwaterqual4.org NorthCarohna
An Equal Opportunity\Affirmative Action Employer Wulii�lf

Compliance Inspection Report
Permit: NCG050394 Effective: 01/07/11 Expiration: 05/31/13 Owner: Printpack Inc-Marshall Flexibles
SOC: Effective: LLC
Expiration: Facility: Printpack Inc.-Marshall Flexibles,LLC
County: Madison
Region: Asheville 100 Kenpak Ln
Contact Person: Tisa Bishop Chimney Rock NC 28720
Title: EHS Coordinator Phone: [phone] Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s): Certification: Phone:
On-Site Representative(s):
Related Permits:
Inspection Date: 0 2/1 212 0 1 3
Entry Time: 10:00 AM .Exit Time: 11:40 AM
Primary Inspector: Jonathan Stepp
Secondary Inspector(s): Phone:
Susan A Wilson
Phone:
Reason for Inspection: Routine
Inspection Type: Compliance Evaluation
Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater
Discharge COC
Facility Status: ■Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG050394 Owner-Facility: Printpack Inc-Marshall Flexibles LLC
Inspection Date: 02/12/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
r
Inspection Summary:
The facility was well kept and the records were in order at the time of this inspection.
SWPPP map needs to be updated. Storm water outfalls and conveyances(including direction of flow)need to be shown
clearly on the map.
Page: 2

Permit: NCG050394 Owner-Facility: Printpack Inc-Marshall Flexibles LLC
Inspection Date: 02/12/2013 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? ■ ❑
Cl C3
#Does the Plan include a"Narrative Description of Practices"? 0 _El 0
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ 0 n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ 0 0
#Has the facility evaluated feasible alternatives to current practices? f1 n Q
#Does the facility provide all necessary secondary containment? 11 Q 11
#Does the Plan include a BMP summary? n 0 0
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ 0 n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n 0 (]
#Does the facility provide and document Employee Training? ❑ fl f1
#Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ 0
#Is the Plan reviewed and updated annually? 0 n C1
#Does the Plan include a Stormwater Facility Inspection Program? N 0 C1 0
Has the Stormwater Pollution Prevention Plan been implemented? 0
Comment: SWPPP map needs to be updated. Storm water outfalls and conveyances
(including direction of flow) need to be shown clearly on the map.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? Q 0 n
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? f3 fl E
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ N 0
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? N D 0 n
#Were all outfalls observed during the inspection? 0 n 0
#If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ 0 I1
#Has the facility evaluated all illicit(non stormwater)discharges? 0 0
Comment: Outfalls should be monitored for erosion.
Page: 3

�1.

"i
A4LIT°MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 26, 2013
Mr. Michael Molling
LISDI National Park Service
199 Hemphill Knob Road
Asheville, North Carolina 28803
Subject: NOTICE OF VIOLATION
NOV-2013-LM-0026
Permit No. NCO072729
Mount Pisgah Lodge & Recreation Area WWTP
Dear Mr. Moiling: Haywood County
A review of Mount Pisgah Lodge & Recreation Area WWTP's monitoring report for September 2012 showed
the following violations:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 09/25/2012 45 mg/I 51 mg/I Daily Maximum
Concentration Exceeded
Parameter Date Measuring Frequency Violation
Coliform, Fecal MF, M-FC Week ending Weekly Failure to Monitor
Broth,44.5C 09/01/2012
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 limit violation, it is not
requested that a response be submitted.
If the above parameter for Fecal coliform was left off inadvertently,please send an amended DMRwithin
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.
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 or me at 828/2964500.
Sincerely,
r
Chuck&nford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:1SWP\Hayraood\Wastewater1,Minors\Mt.Pisgah Lodge&Rec Area 72729\NOV-2013-LM-0026.doc NorthCarolina
NaturZr!!t(
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwateraualitv.orn FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Pat McCrory Director John E.Skvarla, III
Governor Secretary
February 26,20013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED- 7010 1870 0003 0875 2520
Rudisill David Anthony Et al.
CIO Mr. David A. Rudisill
1995 Pleasant Hill Ave.
Morganton,NC 28655
SUBJECT: NOTICE OF VIOLATION
DWQ Tracking Number: NOV-2013-PC-0065
Stream Standard Violation- Other Waste (In-stream sediment)
Burke County
Response deadline: March 27,2013
Dear Sirs and Madams,
On February 4, 2013 Jonathan Stepp, from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at 4444 Gouge Avenue in Burke County.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary to Hunting Creek, a class WS-IV water body in the Catawba River Basin, were
documented. The subject property listed above is noted to be the primary sediment source. Two
other sources were noted as minor sediment contributors and the responsible parties have been
notified.
As a result of the site inspection,the following violation was identified:
VIOLATIONS
I. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f-Approximately 200 feet of an unnamed tributary to Hunting Creek, a class WS-IV
water body,was impacted by sediment deposition measured to be at least 10 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:: w 296 4500t FAX: 99-7043 ���������
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Mr.Rudisill
February 26,2013
Page 2 of 3
REQUIRED RESPONSE
The DWQ requests that you respond by March 27,2012. Your response should be sent to the
attention of Jonathan Stepp,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 Jonathan Stepp 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,
manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
i
• 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 Jonathan Stepp.
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.

aisill
dary 26,2013
.ge 3 of 3
Should you have any questions regarding these matters,please contact Jonathan Stepp at(828)
296-4500 or jonathan.stepp(a7ncdenr gov .
Sincere! ,
Chuck Cranford,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Karen Higgins, WBSCP Unit
ARO File Copy
Jonathan R. Hoilman
ec: Duke Energy Corporation C/O Eric Shook
Laura Herbert
S:\SWP\Burke\Complaints\Tony Smith Property\NOV-3013-PC-0065.Rudisill.02-2012.doe
r

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director Secretary
February 27,2013
Avery County
National Park Service
Blue Ridge Parkway
Project BLRl WMS NC(1)
DWQ Project 20130134
Approval of 401 Water Quality Certification with Additional Conditions
Mr.Kevin Rose
U. S.Department of Transportation
Federal Highway Administration
21400 Ridgetop Circle
Sterling,Virginia,20166
Dear Mr.Rose:
You have our approval,in accordance with the conditions listed below,for the following impacts in Andrews Creek and
in an unnamed tributary to Andrews Creek, for the purpose of making repairs to drainage structures and headwalls on the
Blue Ridge Parkway at MP 305.03 and 305.08 in Avery County:
Stream Impacts in the Catawba 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
Sites 1 and 2 0 0 19.0 0 19.0 0
Site 3 0 0 7.5 0 7.5 0
Total 0 0 26.5 0 26.5 0
Total Permanent Stream Impacts for Project: 26.51in.ft.
The project should be constructed in accordance with your application dated February 7, 2013 (received February 11,
2013), 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 No. 3883, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Numbers 3. 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOTtI1Ca201111a Phone:[phone]t FAX:[phone] Internet: www.ncwaterquality.org`,_ i An Equal Opportunity 1 Affirmative Action Employer ;Vlatu`"a���/

Mr.Kevin Rose
February 27,2013
Page Two
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
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
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
proj ect.
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. This project has the potential to impact trout waters or other aquatic species of concern. No construction
activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC
determine that a moratorium is applicable, then the requirements of any moratorium shall be a condition of
this 401 Certification. If the Federal Highway Administration does not wish to honor the moratorium,then a
written modification shall be requested.
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 pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
6. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124(a)-(e)] in areas draining to
(ORW)waters. However,due to the size of the project,the Federal Highway Administration shall not be required to
meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. 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.

r.Kevin Rose
r ebruary 27,2013
Page Three
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
exception. 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 or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures such as
sandbags,rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
8. 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 the stream channel shall be
temporary and be revegetated with native riparian species.
9. If multiple pipes or barrels are required,they shall be designed to mimic natural steam cross sections 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. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
18. 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.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. 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 FHWA Engineer
and the on-site project manager.
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.

Mr.Kevin Rose
February 27,2013
Page Four
22. 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.
23. 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.
24. 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.
25. 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.
26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
27. Upon completion of the project (including any impacts at associated borrow or waste sites), the Federal Highway
Administration,Project 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.
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. \
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,
,--0,W.��1-2,
for Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Tasha McCormick,USACE,Asheville Field Office
Dave McHenry,NCWRC
Transportation Permitting Unit
Asheville Regional Office \
,J
130134(Rose)Blue Ridge Parkway Drainage Repairs BLRI WMS NC(l)

Air
WDEEN"R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E,Skvarla, III
Governor Director
Secretary
February 27, 2013
Marc Hehn
Fisery Iss & CO, Trustee, FBO
117 Dorchester Avenue
Summerville, South Carolina 29483
Subject: Request for More Information
401 Water Quality Certification
Apple Cottage Relocation
DWQ Project#2013-0140
Macon County
Response deadline: March 26, 2013
Dear Mr. Hehn:
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:
l. Application Item A. 3. requests Owner Information under which the Water Quality Certification
is to be issued. The North Carolina Administrative Code (15A NCAC 02H .0500)requires that
the applicant be a"person" as defined in the N.C. General Statutes. (NCGS § 143 Ch. 21). Upon
researching the provided ownership information, the listed entity(Fisery Iss & Co., Trustee) does
not meet the definition of a"person." In order for this Certification to be issued, an entity must
be a legal organization to do business in NC (generally as registered with the North Carolina's
Secretary of State). Please provide documentation showing that the owner of the property is
registered to do business in the State of North Carolina.
2. Application Item D. 1. Requests information regarding how impacts to waters were avoided or
minimized. Upon review of the provided site map, it appears that the culvert south of the
proposed driveway, and north of the proposed utility crossings are not necessary in order to
achieve the project need. Please provide a complete discussion as to how impacts were avoided
or minimized, and submit plans for how any excess culvert,that is not necessary, will be
removed and streams restored in those areas.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarolrna
An Equal Opportunity,Affirmative Action Employer

Marc Hehn
Fisery Iss&Co.,Trustee
February 27,2013
Page 2 of 2
Please provide your response in writing to the addresses below prior to March 26, 2013. Four copies of the
required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit
at:
Ms. Karen Higgins
WBSCP 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. 0 11
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: David Brown-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Karen Higgins - WBSCP Unit
County Planning
ARO File copy
S:\S WP\Macon\401 s\Non-DOT\Hehn.AppleCottage.Highlands\Hehen.AppleCottage.Addlnfo.02-26-2013.doc

CEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director Secretary
February 27,2013
Madison County
DWQ Project 20130172
Bridge No. 46
NCSR 1582(Long Branch Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina,28802
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below, for the following impacts in Long Branch for the
purpose of replacing the existing bridge No. 46 with an arch culvert on NCSR 1582(Long Branch Road) in Madison
County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Stream Permanent Temporary Total Stream
in Intermittent Relocation Fill in Impacts in Stream Impacts
Stream(linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
(linear ft) linear ft) linear ft)
Site 1 0 0 43 50 93 0
Total 0 0 43 50 93 0
Total Permanent Stream Impacts for Project: 43 lin.ft. Total Temporary Stream Impacts for Project: 50 linear ft.
The project should be constructed in accordance with your application dated February 20, 2013 (received February 21,
2013), 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 No. 3886, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl thCarolina
Phone:: www.newaterquality.org
45001 FAX: 99 7043 �lltlCraC�lf
Internet: www.ncwaterquality.org Kl
An Equal Opportunity 1 Affirmative Action Employer

Mr.J.J. Swain,Jr.,P.E.
February 27,2013
Page Two
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
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. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall
be removed and the natural grade restored upon completion of the project.
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 Controll`\,
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
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. 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 byNCDWQ. 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.
5. 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.
6. 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 watery
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. ; '`

.r.J.J. Swain,Jr.,P.E.
February 27, 2013
Page Three
7. 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.
8. 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.
9. 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.
10. 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.
11 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.
12. 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.
13. 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.
14. 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.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
17. 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.
18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
19. 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.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
21. 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.
22. 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.
23. 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.
24. 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.

Mr.J.J. Swain,Jr.,P.E. \
February 27,2013
Page Four
25, The Permitee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
26. 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.
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.
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, _
for Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Roger Bryan,Division 13,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
130172(Swain)NCSR 1582 Bridge No.46 Long Branch Road

NCD■m
NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 28,2013
Henderson County
DWQ Project 20111101V.2
TIP No. R-5207A
Approval of 401 Water Quality Certification with Additional Conditions NCSR 1006(Howard Gap Road)
Mr.J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below,for the following impacts in Clear Creek, in two
(2)unnamed tributaries of Clear Creek and in two(2)unnamed tributaries of Mud Creek and adjacent wetlands for the
purpose of improving and widening NCSR 1006(Howard Gap Road)in Henderson County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Streambank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
Site 1 0 0
(linear ft) (linear ft) linear ft
22 28 50 0
Site 2 0 0 0 137 137 0
Site 3 0 0 0 190 190 0
Site 4 0 0 31 29 60 0
Site 5 0 0 56 8 64 0
Total 0 0 109 392 501 0
Total Permanent Stream Impacts for Project: 109 lin.ft.Total Temporary Stream Impacts for Project:392 linear ft.
Wetland Impacts in the French Broad River Basin arian)
Site Fill Fill Excavation Mechanized Hand Area Total Wetland
(ac) (temporary (ac) Clearing Clearing under Impact(ac)
(ac) (ac) Bridge
(ac) (ac
Site 1 <0.01 0 0 0 0 0 <0.01
Site 5 <0.01 0 0 0 0 0 <0.01
Total 0.01 0 10 0 0 0 1 0.01
Total Wetland Impact for Project: 0.01 acres.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone] FAX:[phone] NoPtlCarollna
Internet: www.ncwaterquaiti
An Equal Opportunity\Affi �rr�t
Affirmative
ve Action Employer

Mr.I B. Setzer,P.E.
February 28,2013
Page Two
The project should be constructed in accordance with your application dated February 25, 2013 (received February 25,
2013), 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 No. 3886 corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Numbers 14. 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
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 constructi op-
activities. J
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
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
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. 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 provides
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.

Mr. J.B. Setzer,P.E.
February 28,2013
Page Three
5. All portions of the proposed project draining to 303(d)listed watersheds that are impaired due to biological criteria
exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using appropriate
best management practices(e.g. vegetated conveyances, constructed wetlands,detention ponds, etc.)prior to
discharging to surface waters.
6. 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.
7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
8. 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.
9. 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 Stormwater Best Management Practices.
10. 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.
11. 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.
%F
12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
13. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary
g p ary 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.
14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BUT 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.

Mr.J.B. Setzer.P.E.
February 28,2013
Page Four
23.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
24. 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.
25. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
26. 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.
27. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
28. 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.
29. 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.
30. 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.
31. 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.
32. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
33. 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.
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.
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.

Mr.J. B. Setzer,P.E.
February 28,2013
Page Five
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,
for Charles Wakild,P.E.,Director
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ben DeWit,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
20111101 V.2(Setzer)R-5207A NCSR 1006(Howard Gap Road)

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