DWR SWP Read File Archive Mar 2012

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 1, 2012
Mr. Doug Baumgartner
11131 McClure Manor Drive
Charlotte,NC 28277
Subject: 401 Water Quality Certification-Approval
Doug Baumgartner, Black Forest, Lot 7
DWQ Project# 12-0128
McDowell County
CTB30/Catawba River(Lake James)/ l l-(23) /WS-V; B
Dear Mr. Baumgartner:
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 approximately 0.016 acres of waters above
full pool and 0.016 acres below full pool [approximately 350 linear feet of shoreline] for the purpose of
shoreline.stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control, Water Supply Watershed, and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
r Phone:[phone]\FAX:[phone] NorthCai-ohna
Internet:www.ncwaterquality.org N- aturally
An Equal Opportunity'•Affirmative Action Employer

Mr.Baumgartner
March 1,2012
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.016 acres above Application
full pool
Appx. 0.016 acres below
full pool
[apex. 3501inear feet]
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing,send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office
at(828) 296-4665.
Sincerely,
r
Charles Wakild,P.E., Director '
CW/saw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Ronald Harmon-McDowell County Planning
Carissa Parker—Bennick Enterprises
Wade Harmon—Duke Energy Lake Services
ARO File Copy
S:\SWP\McDowell\401s\Non-DOT\Baumgartner Shoreline stabUPRVL.Baumgartner Lot 7.3 2012.doc

4
WC-DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild;P.E. Dee Freeman
Governor Director Secretary
March 6, 2012
Boyd L Stewart
Sandra Buchanan
5116 Highway-226 S
Bakersville NC 28705
SUBJECT: Compliance Evaluation Inspection
5116 NC Hwy 226 South
Permit No: NCG550113
Mitchell County
Dear Mr. Stewart:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on February 12, 2012. Currently the $60.00 annual fee is delinquent. Efforts should
be made to get the annual fee in as soon aspossible to prevent penalties.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please c me at 828-296-4500.
Sincerely,
I
Jeff Menzel
Environmental Specialist
Enclosure
Cc Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone]\FAX:[phone]� Naturally
www.ncwate[guaiity.g S:\SWP\Mitchell\Wastewater\General\NCG55 SFR\NCG550113 Feb 2012.docx

United States Environmental Protection Agency Form Approved.
E P ^H 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 NCG550113 111 121 12/02/12 117 181 C I 19I S I 201 I
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70131 71 I_I 721 N I 73 L.0 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)
12:00 PM 12/02/12 97/09/01
5116 NC Hwy 226 South
5116 NC Hwy 226 S Exit Time/Date Permit Expiration Date
Bakersville NC 28705 12:20 PM 12/02/12 02/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
H/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Boyd L Stewart,161-226 S Bakersville NC 28705N No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signa e(s/ofector(s)c�� Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
i±
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
3I NCG550113 I'll
t1 12, 12/02/12 17 18I d
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
As noted in previous inspection reports the area around the UV unit should be kept clear for easy access to
the UV unit.
Currently the $60.00 annual fee is delinquent. Efforts should be made to get the annual fee in as soon as
possible to prevent penalties.
F�
Page# 2

Permit: NCG550113 Owner-Facility: 5116 NC Hwy 226 South
Inspection Date: 02/12/2012 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? I_l ■ ❑ n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge n D 0 ■
Judge,and other that are applicable?
Comment: As noted in previous inspection reports the area around the UV unit should
be kept clear for easy access to the UV unit.
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 0 Cl
#Are there any special conditions for the permit? n n n
Is access to the plant site restricted to the general public? n Q ■ n
Is the inspector granted access to all areas for inspection? ■ ❑ n n
Comment: Currently the $60.00 annual fee is delinquent. Efforts should be made to
get the annual fee in as soon as possible to prevent penalties.
Page# 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
March 6, 2012
Joey Dahlberg
J and A Services
1637 US 19 Highway East
Spruce Pine NC 28777
SUBJECT: Compliance Evaluation Inspection
J and A Services
Permit No: NCG550659
Mitchell County
Dear Mr. Dahlberg:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on February 12, 2012. This facility changed ownership in December 2011. J &A
Services in Burnsville, NC is a private company categorized under Pharmacies. The new
owner will need to mail in a change form to get the permit transferred into their
name. The name change is attached with this inspection report.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please all me at 828-296-4500.
Sincerely,
Jeff Men I
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCaT'ol/ina
Phone:[phone]\FAX:[phone] el. �at��+Q�L j�
Internet:www.ncwaterguality.org S:\SWP\Mitchell\Wastewater\General\NCG55 SFR\J&A SFR 2012.docx

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............. .--....- ._..-.._.....-._...
United States Environmental Protection Agency Form Approved,
E P ^/� 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 15I 31 NCG550659 111 121 12/02/12 117 181 Cl 19I 5 I 20I I
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70I_I 711 I 72I N I 73I 'w 174 751 I I I I I 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 12/02/12 07/08/01
Tri-County Christian School
1637 US Hwy 19 E Exit Time/Date Permit Expiration Date
Spruce Pine NC 28777 01:30 PM 12/02/12 12/07/31
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
Mary Terry,Rt 2 Box 1220 Spruce Pine NC 28777//704-765-2969/ No
- Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature s)of pector(s _ Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ S�S�®
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
3I NCG550659 111 12, 12/02/12 17 181 d
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This facility changed ownership in December 2011. J &A Service in Burnsville, NC is a private company
categorized under Pharmacies. The new owner will need to mail in a change form to get the permit
transferred into their name. The name change is attached with this inspection report.
Page# 2

Permit: NCG550659 Owner-Facility: Tri-County Christian School
Inspection Date: 02/12/2012 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ■ n n
Is the facility as described in the permit? ■ 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 n
Comment: The facility has a new owner.
Page# 3

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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
March 6, 2012
Mr. Richard Jennings III, Registered Agent
Cow Rock Mountain, Inc.
P.O. 1459
Cashiers,NC 28717
Mr. Peter A. Paul, Registered Agent
Lonesome Valley Property Owners Association, Inc.
P.O. Box 3049
Cashiers,NC 28717
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
(and 401 Perched Culverts Resolution)
NOV-2012-PC-0008 and 401 Project#2006-1944
Lonesome Valley(near Tansil homesite)
Jackson County
Dear Messrs. Jennings and Paul:
The Division of Water Quality(DWQ)has received correspondence from C1earWater
Environmental Consultants in response to the NOV noted above. The proposal includes the
removal of sediment from an unnamed tributary to Logan Creek. Approximately 100 linear feet of
sediment will be removed from the tributary, manually, and stabilized in an upland location.
In addition,the DWQ also approves the recommendations posed by ClearWater Environmental for
resolution of the noted perched culverts. A splash rock is proposed for Culverts 2 and 7; step pools
for Culverts 4 and 10. The DWQ reminds you that aquatic life passage should be maintained, and
should the structures become de-stabilized, corrective measures must be taken(upon approval
from the DWQ).
Sediment removal and input of structures, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter. If installation of the splash rock and step
pools cannot be met in this time frame, you must submit a schedule of completion to DWQ.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]i FAX:[phone]
Internet: www.ncwaterqualitl.org
An Equal Opportunity!Affirmative Action Employer

Messrs.Jennings and Paul
March 6,2012
Page 2 of 2
Should you have any questions regarding this approval,please contact me at(828) 296-4665.
Sincerely,
Susan A. Wilson, Environmental Engineer
Surface Water Protection
cc: ARO File Copy
US ACOE, Lori Beckwith
Steve Beasley, Jackson County Planning
Clement Riddle, C1earWater Environmental Consultants
S:\SWP\Jackson\Complaints\Lonesome Valley-nr Tansil Site\SedRemovalAPPR and Perched Culv Appry 3 2012.doc
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 6, 2012
Jerry Towson, Commissioner
Lake View Park Commission
Post Office Box 8332
Asheville,North Carolina 28814
Subject: 401 Water Quality Certification-Approval
Beaver Lake Excavation
DWQ Project#2000-1118, Ver. 2
Buncombe County
FRB02 /Beaverdam Creek(Beaver Lake) / 6-82/Class C
Dear Mr.Towson:
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 temporarily impact no more than 900 cubic yards of
open waters for the purpose of sediment removal at the subject property. This approval requires you to follow
the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USAGE Permit Verification.
In addition,you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Erosion and Sediment Control and floodway
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 Not to exceed 900 cu. yds D. 1. b.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
rthCarohna
Internet:www.ncwaterquality.org NoktlCrall,
An Equal Opportunity',Affirmative Action Employer l[

Lake View Park Commission
March 6,2012
Page 2 of 2
Additional Conditions:
1. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
2. Minimum Release from Dams
At no point shall this activity result in a dewatering of downstream of Beaver Lake.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
r
Charles Wakild, P.E., Director
CWlkhb
Eric: GC3687
Certificate of Completion
cc: Barbara Wiggins, CLM
Wiggins Environmental Services, LLC
2 Lornelle Place
Asheville,NC 28804
USACE Asheville Regulatory Field Office
Dave McHenry,NC Wildlife resources Commission
401 Permitting Unit—Central Office
File Copy
S:\S WP\Buncombe\401 s\Non-DOT\BeaverLake\20001118v2.appvl.3-6-12.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
March 6, 2012
University of North Carolina-Asheville
Don Gordon
One University Heights
Asheville NC 28804
Clear Water Well Drilling
Josh Plemmons
PO Box 71
Hot Springs,NC 28743
Patton Construction Group
Jim Patton
PO Box 15054
/ Asheville,NC 28802
SUBJECT: NOTICE OF VIOLATION
NOV-2012-PC-0077
UNCA-Residence Hall
Construction Stormwater Permit NCGO10000
Stream Standard Violation
Buncombe County
Response deadline: March 23, 2012
Dear Messrs. Gordon, Plemmons, and Patton:
On March 2, 2012, Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for University of North Carolina at Asheville
Residence Hall in Buncombe County. Present during this inspection were Jonathan Stepp (DWQ-
Aquifer Protection Section),Tom Baldwin, Jim Patton, Robert Willsey,Alex Gady, Josh
Plemmons as well as coworkers of these gentlemen.
Construction Stormwater Permit NCGO10000, and stream standard violations were noted during
the inspection. Turbidity impacts to an Unnamed Tributary to French Broad River were
documented.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] J\ /t
Internet: www.ncwaterquality.org ��/aturally
An Equal Opportunity i Affirmative Action Employer

UNCA
March 6,2012
Page 2 of 3
As a result of the site inspection, the following violations were identified:
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. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No. 2)Failure to follow Erosion Control Plan, as cited in Division of Land
Resources Notice of Violation dated 3/1/2012,represents a violation of
NCGO10000 Permit.
b. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain
stormwater controls to optimum efficiency as cited by Division of Land Resources
Notice of Violation dated 3/1/2012,represents a violation of NCGO10000 Permit.
c. 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.
d. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
I
discharges, collected weekly and after every half--inch or greater rain event, were J
not recorded and available for review.
II. Stream Standard Violation -Turbidity 15A NCAC 02B .0211 (3)k-An Unnamed
Tributary to French Broad River was impacted by turbid water exceeding 50 NTU,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
The DWQ requests that you respond by March 23,2012. Your response should be sent to the
attention of Linda Wiggs, 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 when you anticipate being in full compliance with your Erosion and
Sediment Control Plan and the NCGO10000 Permit.
b. 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.

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3
c. Minimum Monitoring and Record Keeping — Please provide copies of all
monitoring and record keeping from February 20, 2012 to the time of your
response to this letter.
2. Stream Standard - Turbidity
a. Please submit a Water Treatment Plan(Plan)to this office for review and approval.
The Plan must address how you will discharge water from you facility and not
violate surface waters.
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 Linda Wiggs at(828) 296-4500.
Sincerely,
r
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
S:\SWP\Buncombe\Stormwater\NCGO1 Construction\UNCA\NOV_UNCA March 2012.doc
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RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
March 7, 2012
Mr. Wolf A. Weinhold on behalf of Wolfs Lair Ltd.
Weinhold Property
PO Box 49163
Sarasota, FL 34230
SUBJECT: NOTICE OF VIOLATION
Weinhold Property
DWQ Tracking Number: NOV-2012-SS-0002
Stream Standard Violation- Other Waste (In-stream sediment)
Henderson County
Dear Mr. Weinhold:
On February 16, 2012, Susan Wilson, from the Asheville Regional Office of the Division of Water
Quality (DWQ), conducted a site inspection for Weinhold Property off Pinnacle Mountain Road in
Henderson County. Tim Fox, Henderson County Erosion Control,was also present during the
inspection. This was a follow-up site visit to that conducted on June 2, 2011.
Stream standard violations were noted during the inspection. Sediment impacts to North Prong
Rock Creek, a Class B, Trout, HQW stream in the Broad River Basin were documented.
As a result of the site inspection and file review,the following violations were identified:
VIOLATIONS
1. Stream Standard Violation.- Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—an indeterminate length of stream and tributary was impacted by pockets of sediment
deposition of various amounts throughout the property, in,at minimum,the North Prong
Rock Creek, 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 NOrthCarohna
Phone:[phone],FAX:[phone] Naturally
Internet: www.ncwaterquality.org
An Equal Opportunity t Affirmative Action Employer

Mr.Weinhold
March 7,2012
Page 2 of 2
REQUIRED RESPONSE
No written response is required with this Notice of Violation(NOV). At this time, the DWQ does
not recommend manual clean up of the sediment impacts. However, DWQ requires that you
perform the following:
a. DWQ reminds you that you and/or your logging contractor(s) must comply with the
Sediment and Erosion Control Plan issued by the Division of Land Resources
(DLR) on January 13, 2012 (as well as all modifications outlined in previously
issued Letters of Approval with Modifications for the site). The existing roads must
be stabilized before the DWQ will close out this NOV.
You and/or your contractor must comply with NPDES Construction Stormwater
General Permit NCGO10000 (attached).
b. Prior to any future logging activities, this office must be notified by you and/or your
contractor.
c. Should DLR release the site back to NC Division of Forestry and logging begin
again, Forestry Best Management.Practices must be in place.
Thank you for your attention to this matter. Should you have any questions regarding these
matters,please contact Susan A. Wilson at(828)296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tom Freeman, Freeman Environmental Consulting, LLC (w/attachment)
WBSCP Unit, Karen Higgins
ARO File Copy
Division of Land Resources/ARO, Shawna Riddle
Henderson County Planning
Division of Forest Resources/Henderson County, Mike Byrd
S:\SWP\Henderson\Complaints\Weinhold prop\NOV-2012-SS-0002.Weinhold Prop.3 2012.doc \

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 7, 2012
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 March 1,2012,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 the new I-26 Bridge.
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
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
Upward Road R-4430 Inspection Letter March 2012
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 NofthCarohna
An Equal Opportunity 1 Affirmative Action Employer ,xdtUraffil

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°1T51" Longitude: -82°24'25"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 03/01/2012
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:
Clean out silt at sediment control fence and replace stone near the inlet to the Stage 1 culvert construction.
Repair silt fence near the culvert headwall at the outlet to the culvert.
Reseed and mulch the slope above the 72-inch pipe at Lt.-L-Station 63+00 to 65+00.
Clean out silt at the outlet of the 48-inch pipe Rt.-L-79+80 and repair washed areas. Repair or replace silt fence at the inlet and clean
out silt. Install sediment control fence as needed.
Seed and mulch disturbed areas near the culvert at the stormwater pond.
Page: 1

Project Num: 20081327 Owner: NC DOT PDEA
Inspection Date: 03/01/2012 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? ■ 0 n 0
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: Clean out sediment control devices at the inlet to the Stage 1 Culvert
construction and at outlet of 48-inch pipe at Sta.79+80.
Repair silt fence where needed.
Reseed and mulch the slope above the 72-inch pipe at Station 63+00 to 65+00 and
disturbed areas near the outlet of the stormwater pond.
{
Page: 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
3overnor Director Secretary
March 8, 2012
Jeffrey McCutcheon
50 Logan
Irving, Ca 92620
Marine Construction Company
Tony Gaines
3457 Yorkland Drive
Hickory,NC 28601
Subject: Request for More Information
401 Water Quality Certification
Jeffrey McCutcheon, Lot 29
DWQ Project# 12-0104
Caldwell County
Response deadline: April 10,2012
>ar Mr. McCutcheon:
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. As discussed with your Agent and brother in email dated February 27,2012, questions#7
and #8.a. need to accurately reflect the above and below water level impacts.
2. As discussed during site visit March 6, 2012, question#8.b. needs to accurately reflect the
number of trees to be removed and if any replanting will take place.
Please provide your response in writing to the addresses below prior to April 10, 2012. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] brie
Internet:www.ncwaterqualo.org NO1`t�lCal Oh.17a
-Vitturallr�
An Equal Opportunity 1 Affirmative Action Employer

.._.__...._.__. _.... _ _ _
._... .. ...
Jeffrey McCutchcon
March 8,2012
Page 2 of 2
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
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 Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: US Army Corps of Engineers Asheville Field Office
Karen Higgins-401 Permitting Unit
ARO File copy
Duke Energy-Wade Harmon
S:\SWP\Caldwell\401s\Non-DOTNeCutcheon J,Lot 29\Addlnfo McCutcheon-Jeffrey March 2012.doc

fi A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 8, 2012
Kevin McCutcheon
Germany(E-Copy sent)
Marine Construction Company
Tony Gaines
3457 Yorkland Drive
Hickory,NC 28601
Subject: Request for More Information
401 Water Quality Certification
Kevin McCutcheon, Lot 26
DWQ Project# 12-0105
Caldwell County
Response deadline: April 10, 2012
wear Mr. McCutcheon:
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. As discussed in email dated February 27,2012, questions #7 and#8.a. need to accurately
reflect the above and below water level impacts.
2. As discussed during the site visit March 6,2012, question #8.b. needs to accurately reflect
the number of trees to be removed and if any replanting will take place.
Please provide your response in writing to the addresses below prior to April 10, 2012. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] NorthCarofina
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer

Kevin McCutcheon
March 8,2012
Page 2 of 2
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
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 Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
x
Chuck Cranford, Regional Supervisor 1
Surface Water Protection )
Asheville Regional Office
cc: US Army Corps of Engineers Asheville Field Office
Karen Higgins-401 Permitting Unit
ARO File copy
Duke Energy-Wade Harmon
S:\SWP\Caldwell\401s\Non-DOT\McCutcheon K,Lot26\Addlnfo McCutcheon-Kevin March 2012.doc
\JJ,

4°•
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 9, 2012
Mr. Mark Biberdorf, Town Manager
Town of Fletcher
4005 Hendersonville Road
Fletcher,NC 28732
Subject: 401 Water Quality Certification -Approval
Heart of Fletcher Town Hall
DWQ Project#2011-0155 v2
Henderson County
FRB /UT Cane Creek/6-57-(9)/Class C
Dear Mr. Biberdorf.
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 299 feet of streams for the purpose of a new
Town Hall and associated structures at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3821. This Certification allows
you to use Nationwide Permit 39 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 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.
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. Condition 2 must be met concurrent with, or prior to,these approved impacts.
No other impacts are approved including incidental impacts.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]t FAX:[phone] NorthCarolina
Internet:www.ncwaterquality.org
Natural&
An Equal Opportunity!Affirmative Action Emolover

Mr.Biberdorf
March 9,2012
Page 2 of 3
Impact Plan Location or Reference
Stream 299 linear feet PCN Application C.3., Plans C-101
through C-103
2. Stream Restoration/Relocation and Enhancement
Stream restoration/relocation and enhancement are approved as compensatory mitigation [ref. USACOE
Permit Verification issued February 14, 2012]. Restoration/relocation must take place prior to, or
concurrent with,the impacts associated with this Certification. Any repairs or adjustments to the site
must be made according to the approved plans provided with the application. The enhanced stream
segments (and preservation segments)must be preserved in perpetuity by use of a conservation easement
or other similar mechanism as part of the approved plans. The conservation easement must reflect the
preservation of 466 linear feet of streams, as well as the 30 feet of buffer on each site of the streams (as
indicated on plans), from top of bank.
The following restoration/relocation and enhancement is hereby approved as long as all of the other
specific and general conditions of this Certification are met:
Amount Approved(Units) Plan Location or Reference
Stream Appx. 172 (feet) Ref. C-101 through C-103
Restoration/relocation of plans
Stream Appx. 130 + 164 (feet) Rei C-101 through C-103
Enhancement level II of plans
3. Monitoring Requirement
As-built plans of all restoration reaches including photo documentation and plant survival count must be
submitted to the NCDWQ annually for a period of five (5) years. The first as-built plan shall be
submitted after the completion of the enhancement and preservation,then annually thereafter,
documenting the status and stability of the restored reaches of stream, and including a narrative
description of any necessary maintenance work required. This monitoring shall be in conformance with
monitoring specified in the plan submittal dated February 3, 2012.
4. Restrictive Covenants
Preservation/restrictive covenants for the stream reaches provided as compensatory mitigation must be
recorded on the final deed and plat in the Henderson County Courthouse by August 14, 2012 [ref.
USACOE Permit Verification, Condition 3.].
5. Stormwater Management Plan Requirements
The Town has met the requirement for the Stormwater Management Plan [ref. Condition 12.b of WQC ;'
3821] via Henderson County's Stormwater Phase 2 Post Construction SW 2011-03-01 approval dated
February 27,2012.

iolations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at(828) 296-4665.
Sincerely,
'._ Charles Wakild, P.E., Director
C W/saw
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office—Tyler Crumbley
Henderson County Planning—Natalie Berry
WBSCPU—Karen Higgins
File Copy
S:\SWP\Henderson\401s\Non-DOT\Fletcher Town Hall UT Cane Creek\Fletch Town Hall 2 2012\APRVL.Heart of Fletcher Town Hall.3 2012.doc
l

-
North Carolina Department of Environment and Natural Resources
Division of Water Quality
overly Eaves Perdue Charles Waklid,P.E. Dee Freeman
Governor Director Secretary
March 13,2012
Mr. Thomas Barrett, Senior Scientist
Mulkey Engineers&Consultants,Inc.
Post Office Box 33127
Raleigh,North Carolina 27636
Subject: NCDOT TIP U-5105,Henderson County
Four(4)unnamed tributaries to King Creek in the French Broad River Basin,
040302, Class C Waters
On-Site Determination for Applicability to the Mitigation Rules(15A NCAC 2H .0506(h)
Dear Mr.Barrett:
On February 23, 2012,at your request and in your attendance,Mike Parker,NC Division of Water
Quality(NCDWQ) staff,conducted an on-site determination to review drainage features located east and
west of North Carolina Highway 225 at the intersection of NCSR 1164 (Erkwood Drive)and NCSR 1779
(Sheperd Street)for applicability to the mitigation rules(15A NCAC 2H. 0506(h)). The drainage features
are approximated on the attached map initialed and dated March 13,2012.
Stream SA Perennial within Study Area
Stream SB Perennial within Study Area
Stream SC Perennial within Study Area at Fence to Stream SB
Stream SD Intermittent within Study Area
Wetland WA Wetland is adjacent but not abutting to stream SA
Wetland WB Wetland is abutting to stream SA
NCDWQ has determined that the stream feature identified as"SC"on the attached map is perennial at the
fence line downstream of Mud Creek Baptist Church stormwater pond. Please note that the stream
feature identified as"SD" in the jurisdiction verification request package was not reviewed on site by
NCDWQ and will be considered accurate as presented. Also,this letter only addresses the applicability to
the mitigation rules at the site specifically marked on the attached map as the study area and does not
apply to reaches of the channel or feature outside of the NCDOT project area, or to any other drainage
features in the vicinity.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not
approve any activity within the buffer,Waters of the United States, or Waters of the State. Any impacts
to wetlands or streams must comply with the 404/401 regulations,water supply regulations (15A NCAC
2B .0216), and any other required federal, state and local regulations.
The owner(or future owners)or permittee should notify NCDWQ(and other relevant agencies)of this
determination in any future correspondences concerning this property and/or project. This on-site
determination shall expire five(5)years from the date of this letter.
\, ;SURFACE WATER PROTECTION SECTION-Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 N6fthCa.xOl.Illa.
Phone:[phone] FAX:[phone] Naturally
Internet:www.ncwaterquality.org
An Equal Opportunity,Affirmative Action Employer

Mr. Thomas Barrett
March 13,2012
Page Two
Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation rules may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Brian Wrenn,NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650.
Individuals that dispute a determination by NCDWQ or Delegated Local Authority that"exempts"a
surface water from the mitigation rules may ask for an adjudicatory 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 sixty(60)days of receipt of this notice and the date the affected party
(including downstream and adjacent landowners)is notified of this decision. 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 8:00am and
5:00pm, 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 by 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,NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms.Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
This determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call me at 828-296-4500 or
at [e-mail].
Sincerely,
_ s
X-SX /Z
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Lori Beckwith,USACE—Asheville Regulatory Field Office
Transportation Permitting Unit
Mike Parker-ARO
Stream Call for U-5105,Henderson County

A'
NCDENR
North Carolina Department of Environment and Natural Resources.
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
March 12, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3480
Joseph M Moore, II, PE, Manager
City of Brevard
95 W Main St
Brevard,NC 28712
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00084
City of Brevard
Brevard Collection System
Case No. DV-2012-0008
Transylvania County
Dear Mr. Moore:
' This letter transmits an assessment of civil penalty in the amount of$1,140.00 ($1,000.00 civil
penalty+ $140.00 enforcement costs) against the City of Brevard.
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 City of Brevard. This review has shown
the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00084 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 City of Brevard violated the
terms, conditions or requirements of Collection System Permit WQCS00084 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 City of Brevard.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No hCarolina
Phone:: vvww.ncwat 1 FAX:
.org 9_ZQ Adurally
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

$1000.00 TOTAL CIVIL PENALTY
$140.00 ENFORCEMENT COST
$1400.00 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:
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;

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,Regional Supervisor
Division of Water Quality
2090 US Highway 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 e hours. The Office of Administrative Hearings
accepts filings Monday through Friday bet een the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and on (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
smission. The mailing address for the Office of Administrative Hearings
following the faxed tran
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, Registered Agent
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. i
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 Keith Haynes the Water Quality Section staff of the Asheville Regional Office at
828-296-4500.
Chuck ,Yaanford
Water Quality Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/attachments
Public Information Officer
PERCS Unit Enforcement File w/attachments
Central Files w/attachments
i

ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Transylvania
City of Brevard
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Brevard Collection System ) STIPULATION OF FACTS
PERMIT NO. WQCS00084 ) FILE NO. DV-2012-0008
Having been assessed civil penalties totaling $1 140.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 12, 2012,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

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2012-0008 County: TRANSYLVANIA
Assessed Party: CITY OF BREVARD
Permit No. : WQCS00084 Amount Assessed: $1,140.00
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. 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:

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
March 13, 2012
Mr. Sean Behar
276 Sunset Boulevard
Marshall,North Carolina 28753
SUBJECT: NOTICE OF VIOLATION
Tipton Property
NOV-2012-WQ-0001
Stream Standard Violation- Other Waste
Buncombe County
Response deadline: March 30,2012
Dear Mr. Behar
On March 12, 2012, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at the Tipton Property along Sycamore Road in
Buncombe County.
Stream standard violations were noted during the inspection and file review. Stream impacts to an
un-named tributary to Powell Creek(Lake Julian), Class C, were documented.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation- Other Waste 15A NCAC 02B .0211 (3)f-An un-named
tributary to Powell Creek(Lake Julian), Class C, was impacted by paint waste discharged,
representing a Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
The DWQ requests that you respond by March 30,2012. 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. Stream Standard - Other Waste (In-Stream Sediment)
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] NOrthCarohna
Internet: www.ncwaterquaiveActi Nab gilt;
An Equal Opportunity t Affirmative Action Employer

Sean Behar
March 13,2012
Page 2 of 2
a. Please provide an explanation as to how waste material and wash water will be
managed such that these materials will not reach surface waters.
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.
Sincerely,
LI.
Chuck Cranford,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: NPS Assistance and Compliance Oversight Unit
ARO File Copy
Buncombe County Planning ,
S:\SWP\Buncombe\Complaints\390 Sycamore Road,Arden\NOV2012WQ0001.TiptonProperty.doc
n

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 14, 2012
Mr. Donald R. Cooper
Cooper Riis Inc.
P.O. Box 416
Mill Spring, North Carolina 28756
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0157
Permit No. NCO087122
Cooper Riis Healing Farm WWTP
Polk County
Dear Mr. Cooper:
A review of Cooper Riis Healing Farm's monitoring report for October 2011 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 10/04/2011 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
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 call Janet Cantwell at 828-296-4600.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:;SWPIPolk\WastewaterlMinors�Cooi)erhiis Healing Farm 871221NOV-2012-LV-0157.doc NorthCarolina
�aturall
North Carolina Division of Water,Quality 2090 U.S.Highway 70 .Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.orq ,.. FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman
Governor Director Secretary
March 14, 2012
Charles R. Summey, Town Manager
Town of Forest City
P.O. Box 728
Forest City, N.C. 28043
Subject: Permit No. WQ0035807
Town of Forest City
Assistance with Horsehead Utilities
Wastewater Collection System Extension
Rutherford County
Dear Mr. Summey:
In accordance with your application received March 1, 2012 we are forwarding herewith Permit
No. WQ0035807, dated March 14, 2012 to the Town of Forest City 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 shall be considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0300; 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility 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.
NorthCarolna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX:[phone]
Internet:www.ncwaterquality.orp S:\SWP\Rutherford\Collection Systems\Forest City Collection System\WQ0035807 Forset City Assistance with
Horsehead Utilities.docx

Town of Forest City March 14, 2012 Page
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
Town of Forest City for the construction and operation of a 90 gallon per minute pump station with
duplex pumps, on-site audible and visual high water alarms, and as well as approximately 7,370 linear
feet of 4-inch force main to serve the Assistance with Horsehead Utilities project and the discharge of
8,750 gallons per day of collected domestic/commercial wastewater into the Town of Forest City's
existing sewerage system, pursuant to the application received March 1, 2012 and in conformity with
15A NCAC 2T .0300; 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.
The sewage and wastewater collected by this system shall be treated in the Town of Forest
City's Riverstone Industrial Park Wastewater Treatment Facility (Permit No. NC0087084) prior to being
discharged into the receiving stream.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
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 150B 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.
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4500.
Sincerely, f,
a {'
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Rutherford County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0087084)
Nate Bowe, P.E./McGill Associates, P.A.
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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 §143-215.1 C.
1

PERMIT NO. WQ0035807 Town of Forest City, Assistance with Horsehead Utilities Rutherford County March 14 .
4. 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; 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.
9. 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.
10. 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.
11. Noncompliance Notification: f
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

NO W00035807 Town of Forest City. Assistance with Horsehead Utilities,Rutherford County March 14 2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), 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.
Permit issued this the 14 DAY OF MARCH, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charl Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035807
i
3

PERMIT NO W00035807 Town of Forest C ity, AGSista
ENGINEERING CERTIFICATION — POST CONSTRUCTION d Jtilities Rutherford County March
System Description: permission is hereby granted to the Town of Forest City for the construction and
operation of a 90 gallon per minute pump station with duplex pumps, on-site audible and visual high
water alarms, and as well as approximately 7,370 linear feet of 4-inch force main to serve the
Assistance with Horsehead Utilities project and the discharge of 8,750 gallons per day of collected
domestic/commercial wastewater into the Town of Forest City's existing sewerage system
Complete and submit this form to the Asheville regional office.with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• 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 anv changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S 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 above referenced
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 2T.0300; the Divisioh'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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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 Perm ittebFto appropriate enforcement actions.

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 15, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3527
Mr. Tony Konsul, Regional Manager
Carolina Water Service Inc of NC
P.O. Box 240908
Charlotte,North Carolina 28224-0908
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 NCO022985
Carolina Water Service Inc. of NC
Fairfield Sapphire Valley WWTP
Case No. LV-2012-0036
Jackson County
Dear Mr. Konsul:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$887.00
($750.00 civil penalty+ $137.00 enforcement costs) against Carolina Water Service Inc. of NC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Carolina Water Service Inc. of NC for the month of July
2011. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0022985. The violations which
occurred in July 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc. of NC
violated the terms, conditions or requirements of NPDES Permit NCO022985 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
Carolina Water Service Inc. of NC:
One
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org .6W

_ --. ..... .......
(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
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, `
f" 4"
zO
Chuck Branford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
- Bob Guerra/DWQ Point Source w/attachments
dP,,uc StibaS5`..L'L-20l2 00.,.6.iit:)c

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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0036 County: Jackson
Assessed Party: Carolina Water Service Inc. of NC
Permit No.: NC0022985 Amount Assessed: $887.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
COUNTY OF JACKSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
ADMINSTRATIVE HEARING AND
CAROLINA WATER SERVICE INC OF NC/ ) STIPULATION OF FACTS
FAIRFIELD SAPPHIRE VALLEY )
PERMIT NO.NC0022985 ) FILE NO. LV-2012-0036
Having been assessed civil penalties totaling $887.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 15, 2012, 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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 15, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3541
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-2012-0037
Henderson County
Dear Ms. Childrey:
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 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 July 2011. 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
July 2011 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 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
t'
Mizpah Healthcare Inc.:
ne
NorthCarolina
Naturally
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org A*.-

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.
$100.00 NC0071897, 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:
I. 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

_ssment document. Because a remission request forecloses the option of an administrative
nearing, 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
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments >
DWQ Central Files w/attachments `
Bob Guerra/Point Source w/attachments
James & James Environmental/ORC w/attachments
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0037 County: Henderson
Assessed Party: Mizpah Healthcare Inc. / Henderson's Assisted Living
Permit No. : NC0071897 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 ENVIRONMEi.
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
MIZPAH HEALTHCARE INC. / STIPULATION OF FACTS
HENDERSON'S ASSISTED LIVING )
PERMIT NO. NCO071897 ) FILE NO. LV-2012-0037
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 March 15, 2012, 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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 15, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3534
Asheville Phoenix Properties
Brookside Village Association
1263-A Sweeten Creek Road
Asheville,North Carolina 28803
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO083313
Brookside Village Association
Brookside Village WWTP
Case No. LV-2012-0038
Henderson County
Dear Sir or Madam:
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 Brookside Village Association.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Brookside Village Association for the month of July 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0083313. The violations which occurred in
July 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Brookside Village Association
violated the terms, conditions or requirements of NPDES Permit NCO083313 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
Brookside Village Association:
NoithCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]-<Q`
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0083313, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for ROD -Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0083313, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for ROD - 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. 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 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,
Chuck dfanford, Regional/§upervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
James & James Environmental/ORC w/attachments
S:\SWP\Henderson\Wastewater\Minors\Brookside Village 83313\LV-2012-0038.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0038 County: Henderson
Assessed Party: Brookside Village Association
Permit No. : NC0083313 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. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME,
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BROOKSIDE VILLAGE ASSOCIATION/ )
BROOKSIDE VILLAGE )
PERMIT NO. NCO083313 ) FILE NO. LV-2012-0038
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 March 15, 2012, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
March 15, 2012
Charles R. Abernathy, County Manager
McDowell County
60 East Court Street
Marion, North Carolina 28752
Subject: Permit No. WQ0035815
McDowell County
Maple Leaf Sports Complex
Water and Sewer Service
Wastewater Collection System Extension
McDowell County
Dear Mr. Abernathy:
In accordance with your application received March 5, 2012,we are forwarding herewith Permit
No. WQ0035815, dated March 15, 2012, to McDowell County 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 shall be considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0300; 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility 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.
one N Carolina
Aahmally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NQ 28778
Phone:[phone] FAX[phone]
Internet:www.ncwaterquality.org

McDowell County March 15, 2012 Page
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
McDowell County for the construction and operation of approximately 850 linear feet of 6-inch gravity
sewer to serve 21 plumbing fixtures in new and existing facilities as part of the Maple Leaf Sports
Complex project, and the discharge of 5,250 gallons per day of collected domestic wastewater into the
Town of Marion's existing sewerage system, pursuant to the application received March 5, 2012, and in
conformity with 15A NCAC 2T .0300; 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.
The sewage and wastewater collected by this system shall be treated in the City of Marion's
Corpening Creek Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into
the receiving stream.
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 150B 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.
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4500.
Sincerely,
tl
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Terry DePoyster, McDowell County Facility Maintenance
ARO, Surface Water Protection (WWTF Permit No. NC0031879)
Randy Hintz, P.E./McGill Associates
Surface Water Protection Section Central Files
PERCS Files
S:ISWPIMcDowelllCollection SystemsIMcDowell, County of1WQ0035815 Maple Leaf Sport Complex
McDowell County.doex

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the, wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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 §143-215.1 C.
t

-
PERMIT NO W00035815 McDowell County. Maple Leaf Sports Complex March 15 201�
4. 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:
5. 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 yin an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings sha;ll'be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions'and limitati'ons;contained in this permit; 15A NCAC 2T .0300; 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.
9. 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.
10. 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 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

NO W00035815 McDowell County, Maple Leaf Sports Complex March 15. 2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division''approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2) 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.
Permit issued this the 15 DAY OF MARCH, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Mkild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035815
r;
3

PERMIT NO W00035815 McDowell County Maple Leaf Sports Complex March 15 2U
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the McDowell County for the construction and operation of approximately
850 linear feet of 6-inch gravity sewer to serve 21 plumbing fixtures in new and existing facilities as part
of the Maple Leaf Sports Complex project, and the discharge of 5,250 gallons per day of collected
domestic wastewater into the Town of Marion's existing sewerage system.
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• 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.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S 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 above referenced
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 2T .0300; 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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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 Permitter to appropriate enforcement actions.

4•�
WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 15, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3558
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 WWTP
Case No. LV-2012-0040
Henderson County
Dear Ms. Childrey:
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 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 July 2011. 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
July 2011 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, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
NorthCaroha
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwaterouality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0074110, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0074110, 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. 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:
L 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

. .............
1,repare 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,
7 &onal
Chuck-Cranford, Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
James& James Environmental/ORC w/attachments
SLi}�`. tell do nA\as G.i-a tci liinor Nh>3In1!I]I'V v�Assisted 1.°p ing 7,4110 I V-?If!12-0040.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0040 County: Henderson
Assessed Party: Mizpah Healthcare Inc. / Mountain View Rest Home
Permit No.: NCO074110 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONM> ,
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
MIZPAH HEALTHCARE INC./
MOUNTAIN VIEW REST HOME ) STIPULATION OF FACTS
PERMIT NO. NCO074110 ) FILE NO. LV-2012-0040
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 March 15, 2012,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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RUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
March 16, 2012
Howard Smith, Manager
Wade Hampton POA
Post Office Box 2286
Cashiers, NC, 28717
Subject: Permit No. WQ0035812
Wade Hampton POA
Lift Station Improvements
Wastewater Collection System
Jackson County
Dear Mr. Smith:
In accordance with your application received February 27, 2012, we are forwarding herewith
Permit No. W00035812, dated March 16, 2012, to Wade Hampton Property Owners Association 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 shall be considered a part of this permit and is therefore
incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0300; 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility 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.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa, NC 28.78 OneNOrthCarolina
Phone:[phone] FAX:[phone] �a�ura!!t�
Internet:www.nmater uality.ora

._... _._._... ...
Wade Hampton POA Lift Station Improvements March 16, 2012 Pagt
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
Wade Hampton Property Owners Association for the construction and operation of an 80—gallon per
minute pump station (Station 1-B) with duplex pumps, on-site audible and visual high water alarms, and
a portable generator receptacle with telemetry; as well as an 80—gallon per minute pump station
(Station S) with duplex pumps and a portable generator receptacle with telemetry; to serve a
residential subdivision as part of the Lift Station Improvement project, and the discharge of no
additional gallons per day of collected domestic wastewater into the Wade Hampton POA's existing
sewerage system, pursuant to the application received February 27, 2012 and in conformity with 15A
NCAC 2T .0300; 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;
The sewage and wastewater collected by this system shall be treated in the Wade Hampton
Wastewater Treatment Facility (Permit No. NC0062553), prior to being discharged into the receiving
stream.
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 150B 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.
If you need additional information concerning this matter, please contact Keith Haynes at (828)
296-4500.
Sincerely, ,7
for Cha�ies Wakild, P.E , Director
Division of Water Quality
cc:
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0062553)
William G. Lapsley &Associates
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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 §143-215.1 C.
L ,
1

PERMIT NO WQ0035812 Wade Hampton POA Lift Station Improvements Jackson County March 16 20
4. 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; 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.
9. 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.
10. 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.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

cRMIT NO W00035812 Wade Hampton POA Lift Station Improvements Jackson County March 16 2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), 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.
Permit issued this the Sixteenth of March, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1<7
for Charles�Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035812
3

PERMIT NO W00035812 Wade Hampton POA, Lift Station Improvements Jackson County March 16 2i,
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
an 80—gallon per minute pump station (Station 1-13)with duplex pumps, on-site audible and visual high water
alarms, and a portable generator receptacle with telemetry; as well as an 80—gallon per minute pump station
(Station S)with duplex pumps and a portable generator receptacle with telemetry; to serve a residential
subdivision as part of the Lift Station Improvements project and the discharge of no additional flow
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection
system extension
• 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.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final 1
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 above referenced
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 2T .0300; 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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778 r
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.

AAA, -
ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
caves Perdue Charles Wakild,P.E. Dee Freeman
arnor Director Secretary
March 16,2012
Mr.Andrew T.Nottingham
Assistant State Hydraulics Engineer
1590 Mail Service Center
Raleigh,North Carolina 27699-1590
Subject: EXEMPTION from Stormwater Management Permit Regulations
Bridge No. 146 over Stony Creek on NCSR 2173
BD-5113C
Buncombe County
Dear Mr.Nottingham:
The Asheville Regional Office of the Division of Water Quality received your letter and Stormwater
Management Permit Application for the Bridge No. 146 replacement project in Buncombe County on March 15,
2012. Based on our review of the submitted project details you do not appear to be proposing a development
activity at this site that would be subject to the stormwater requirements as provided for in Title 15A NCAC 02H
.1000. Because the classification of Stony Creek is WSIl;Trout,HQW,these activities are subject to Title 15A
NCAC 02B .0104. Based on the application review,the proposed activities listed below,meet the requirements
of the Title 15A NCAC 02B .0104.
1. Sheet flow on grass shoulders along the roadway.
2. Grassed roadway ditches.
3. Outlet protection with rip rap.
4. No bridge deck drains.
This exemption applies only to the State Stormwater Management Permit for the currently proposed
activity. If at any time in the future,development of any part of this site is planned, as defined in 15A NCAC
02H .1000, or if the proposed activities differ in any manner from what is shown on the plans on file with the
Division,you must submit the project for review of the applicability to the stormwater management rules. If you
have any question concerning this matter,please contact me at(828)296-4500.
Sincerely,
l
Michael R. Parker
Environmental Senior Specialist
cc: Ed Green,Div. 13,Maintenance Engineer
Transportation Permitting Unit
File Copy
DOT SW Exemption Letter BD-5113C
North Carolina Division of Water Quality,Asheville Regional Office
One
Location:2090 U S Highway 70,Swannanoa,North Carolina 28778 1 �—+
Phone:[phone] FAX:[phone] NOrthCarollna
Internet:www.ncwaterquality.org Atiturallif
An Equal Opportunity\Affirmative Action Employer
. . _. ... . ............

_A 4", "A
WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director. Secretary
March 161 2012
Sally Sandy, City Manager
City of Morganton
P.O. Box 3448
Morganton, North Carolina 28680
Subject: Permit No. WQ0035813
City of Morganton
U-2551 Enola Road Project
Wastewater Collection System Extension
Burke County
Dear Ms. Sandy:
In accordance with your application received March 1, 2012, and additional information received
on March 12, 2012, we are forwarding herewith Permit No. W00035813, dated March 16, 2012, to the
City of Morganton 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 shall be considered a part of this
permit and is incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which 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.
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
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility 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.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ,
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone] FAX:[phone]t
Internet:www.ncwaterguali .org

City of Morganton March 16, 2012 Page
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 City of Morganton for the construction and operation of approximately 1979 linear feet of
8-inch gravity sewer as part of the U-2551 Enola Road Project, and the discharge of 0 gallons per day
of collected domestic wastewater into the City of Morganton's existing sewerage system, pursuant to
the application received March 1, 2012 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 apart of this permit;
The sewage and wastewater collected by this system shall be treated in the City of Morganton's
Wastewater Treatment Facility (Permit No. NC0026573) prior to being discharged into the receiving
stream.
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 150B 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. .
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4500.
Sincerely, '
for Charl6s Wakild, P.E., Director
Division.of Water Quality
cc: Burke County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0026573)
Ali Koucheki, PE, NCDOT
Surface Water Protection Section Central Files
PERCS Files
SASWP►BurkelCollection SystemslMorganton Collection SystemlW(10035813 U-2551 Enola Road Projectl
.docx

NORTH C,AROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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 §143-215.1 C;
1

PERMIT NO.WQ0035813,City of Morganton, U-2551 Enola Road Project,Burke County March 16,2u
4. 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.
5. 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.
6. Upon completion of construction and prior to�operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified shall be submitted with
each partial certification. Mail the Engineer's.Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27899-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. 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.
9. 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.
10. 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 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:

40.W00035813,City of Morganton,U-2551 Enola Road Project,Burke County March 16,2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above,occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2),, Part 11 of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 16th day of March, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
a z
f
for Charles akild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035813
3
._. ........ .. ..... ..... ...

. .._....... ... ......._..._.. .
PERMIT NO.WQ0035813,City of Morganton, U-2551 Enola Road Project,Burke County March 16,2,
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Morganton for the construction and operation of
approximately 1979 linear feet of 8-inch gravity sewer as part of the U-2551 Enola Road Project, and
the discharge of 0 gallons per day of collected domestic wastewater into the City of Morganton's
existing sewerage system.
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• 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
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S 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 above referenced -
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 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's,M.inimum 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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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.
i ;

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 16,E 2012
Sally Sandy, City Manager
City of Morganton
P.O. Box 3448
Morganton, North Carolina 28680
Subject: Permit No. WQ0035814
City of Morganton
Dixie Boulevard Sewer Line Extension for
James Tool
Wastewater Collection System Extension
Burke County
Dear Ms. Sandy:
In accordance with your application received March 2, 2012,we are forwarding herewith Permit
No. WQ0035814, dated March 16, 2012, to the City of Morganton 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 shall be considered a part of this permit and is incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12
regarding future flow allocation to the subject wastewater collection system.)
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
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility 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.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE,
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 4
Phone:[phone] FAX:[phone]q*-/
Internet:www.ncwaterquali!y.org

...... .... .... ...... _ _
City of Morganton March A6, 2012 Page
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 City of Morganton for the construction and operation of approximately 250 linear feet of
8-inch gravity sewer to serve manufacturing restrooms as part of the Dixie Boulevard Sewer Line
Extension for James Tool project, and the discharge of 1250 gallons per day of collected domestic
wastewater into the City of Morganton's existing'sewerage system, pursuant to the application received
March 2, 2012 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;
The sewage and wastewater collected by this system shall be treated in the City of Morganton's
Wastewater Treatment Facility (Permit No. NC0026573) prior to being discharged into the receiving
stream.
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 150B 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.
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4500.
S'inrerely,.
OV
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Burke County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0026573)
Mark A. Young, PE, 305 East Union Street, Suite 100, Morganton, N.C. 28655
Surface Water Protection Section Central Files
PERCS Files
F1
SASWPIBurkelCollection SystemslMorganton Collection SystemlWQ0035814 Dixie Boulevard Sewer Line J'
Extension for James Tool .docx

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit;' '15A NCAC .0200; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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 §143-215.1 C.
l

PERMIT NO.W00035814,City of Morganton, Dixie Boulevard Sewer Line Extension for James Tool,Burke County March 16,2U.
7
4. This permit shall not be transferable. In'the;�eve.nt there is a desire for the wastewater collection
facilities to change ownership,or there is a!riarrie 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified shall be submitted with
each partial certification. Mail the Enginedr's,'Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC,27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. 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.
9. 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.
10. 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 26 .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 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

.40.WQ0035814,City of Morganton,Dixie Boulevard Sewer Line Extension for James Tool,Burke County March 16,2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), 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.
12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection
facilities only. Permitted flow (0.00125 MGD) shall be counted as part of SOC WQ S10-005 part V.
allocated flow of 1.150 MGD.
Permit issued this the 16th day of March, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1<7
for Charles-Nakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035814
' t
3

PERMIT NO.WQ0035814,City of Morganton, Dixie Boulevard Sewer Line Extension for James Tool, Burke County March 16,2,.
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Morganton for the construction and operation of
approximately 250 linear feet of 8-inch gravity sewer to serve manufacturing restrooms as part of the
Dixie Boulevard Sewer Line Extension for James Tool project, and the discharge of 1250 gallons per
day of collected domestic wastewater into the City of Morganton's existing sewerage system.
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• 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 foran v changes resulting in non-compliance with this permit regulations or
minimum design criteria
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
l as a duly registered Professional Engineer in the State of North Carolina, having r
been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced
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 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.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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.

i
A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor q Director Secretary
March 16, 2012
Jeffery Wells
Wells, Jenkins and Wells, Meat Processing, INC.
145 Rollins Road
Forest City, N.C. 28043
Subject: Permit No. WQ0035821
Wells, Jenkins and Wells, Meat
Processing, INC. Meat Market Retail
Wastewater Collection System Extension
Rutherford County
Dear Mr. Wells:
In accordance with your application received March 8, 2012 we are forwarding herewith Permit No.
WQ0035821, dated March 16, 2012 to Wells, Jenkins and Wells, Meat Processing, INC. 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 shall be considered a part of this permit and is therefore
incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which' requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0300; 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility 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.
ne
NorthCaralna
Natdlralllf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone] FAX:[phone]q*-/
intemet:www_ncwnternnnlitt,nru _ __

Wells,Jenkins and Wells;Meat Processing,INC. March 16,2012 Page 2
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 Wells, Jenkins and Wells, Meat Processing, INC for the construction and operation of a 21
gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and as
well as approximately 125 linear feet of 2-inch force main to serve the Wells, Jenkins and Wells, Meat
Market Retail project and the discharge of 400 gallons per day of collected domestic/commercial
wastewater into the Town of Forest City's existing sewerage system, pursuant to the application
received March 1, 2012 and in conformity with 15A NCAC 2T .0300; 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.
The sewage and wastewater collected by this system shall be treated in the Town of Forest
City's Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the
receiving stream.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
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 150B 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.
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4500.
Sincerely,
for Chafes Wakild, P.E., Director
Division of Water Quality
cc: Rutherford County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0087084)
Scott Roach, Project Manager Odom Engineering, PLLC
Surface Water Protection Section Central Files
PERCS Files
SASWRRutherfordlCollection SystemslForest City Collection System1WQ0035821 Wells Jenkins
Wells.docx

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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 §143-215.1 C.
1

PERMIT NO.WQ0035821 Wells Jenkins and Wells Meat Processing, INC. Rutherford County March 16.2012
4. 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life I
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; 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.
9. 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.
10. 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 213 .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 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

r NO W00035821 Wells Jenkins and Wells Meat Processing INC Rutherford County March 16.2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), 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.
Permit issued this the 16th DAY OF MARCH, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035821
3

.... . ..--..
PERMIT NO.WQ0035821 Wells Jenkins and Wells Meat Processing. INC. Rutherford County March 16.2012
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description: permission is hereby granted to Wells, Jenkins and Wells, Meat Processing, INC
for the construction and operation of a 21 gallon per minute pump station with duplex pumps, on-site
audible and visual high water alarms, and as well as approximately 125 linear feet of 2-inch force main
to serve the Wells, Jenkins and Wells, Meat Market Retail project and the discharge of 400 gallons per
day of collected domestic/commercial wastewater into the Town of Forest City's existing sewerage
system,
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• 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
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I. as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑l'full fime)the construction of the above referenced `-
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 2T .0300; 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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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.

Ari'�"A
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 16, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3589
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit NCO036641
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LV-2012-0043
Henderson County
Dear Mr.Nash:
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 Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of September 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
September 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the
terms, conditions or requirements of NPDES Permit NCO036641 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Fletcher Academy Inc.:
None
rthCarolina
Naturally
";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 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$.00 NC0036641, 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 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$100.00 TOTAL CIVIL PENALTY
$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. 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 �\t�
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
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
James & James Environmental/ORC w/attachments
5'.aWt'.11.cn(ier,c)n,i a t i 3ter.illul()rsi'leicl3er Academy 3604Pq.,4'-'t,I'-if0--i3.ilo

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0043 County: Henderson
Assessed Party: Fletcher Academy Inc.
Permit No.: NC0036641 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. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
FLETCHER ACADEMY INC. / ) STIPULATION OF FACTS
FLETCHER ACADEMY WWTP )
PERMIT NO. NCO036641 ) FILE NO. LV-2012-0043
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 March 16, 2012,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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 16, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3572
Mr. Marcus Jones
Henderson County Utilities
100 North King Street, Suite 210
Hendersonvlle,North Carolina 28792-5053
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086070
Henderson County Utilities
Western Justice Academy WWTP
Case No. LV-2012-0042
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 August 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086070. The violations which occurred in
August 2011 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:
None
rthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 4K
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 NC0086070, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average 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. 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.
Sincerel
Chuck Ci'a/ford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
Mark B. Jones/ORC w/attachments
.`,4tii'=i 7dcr,i1.11%ast � i r1 'lin, ;west'emjtjseiC�:Aca-dem 6070 LA;

................._... ........
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0042 County: Henderson
Assessed Party: Henderson County Utilities/ Western Justice Academy
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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
HENDERSON COUNTY UTILITIES / ) STIPULATION OF FACTS
WESTERN JUSTICE ACADEMY )
PERMIT NO.NCO086070 ) FILE NO. LV-2012-0042
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 March 16, 2012,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 16, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3565
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
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 NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2012-0041
Caldwell County
Dear Mr. Thomas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,324.50 ($2,187.50 civil penalty+ $137.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Lenoir for the month of July 2011. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0023736. The violations which occurred in July 2011
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023736 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 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 City of Lenoir:
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone],
Internet:www.ncwaterguality.orq

. . .. _... . . . . .... . .._.. ....._.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$625.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,250.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc
$2,187.50 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$2,324.50 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 r<,

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, 3
j
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
5 s E :C:alrllNell tt xtece iter.ltuiiicit,.ar%..C,Tunpklu'd r� reek,3 1W 1.V-12-0041.di c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0041 County: Caldwell
Assessed Party: City of Lenoir/ Gunpowder Creek WWTP
Permit No.: NCO023736 Amount Assessed: $2,324.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
- violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF CALDWELL AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CITY OF LENOIR/ GUNPOWDER CREEK STIPULATION OF FACTS
PERMIT NO. NCO023736 )
FILE NO. LV-2012-0041
Having been assessed civil penalties totaling $2,324.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 16,2012,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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 19, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3596
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
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 NCO066796
Buncombe County Schools
Leicester Elementary School WWTP
Case No. LV-2012-0044
Buncombe County
Dear Mr. Hall:
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 Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Buncombe County Schools for the month of September
2011. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066796. The violations which
occurred in September 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066796 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
Buncombe County Schools:
One
NorthCarolina
Naturally
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 NC0066796, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0066796, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - 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. 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
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,
r
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
RPB Systems Inc. /ORC w/attachments
S:'a11I'`.13unc sik2l�c�1`ai,t atd,%Ii ors'A...ei X-4cl-Flcmcmar� 66791i111_V-2O12-0044,doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0044 County: Buncombe
Assessed Party: Buncombe County Schools / Leicester Elementary
Permit No.: NCO066796 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. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF BUNCOMBE AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
BUNCOMBE COUNTY SCHOOLS / STIPULATION OF FACTS
LEICESTER ELEMENTARY )
PERMIT NO. NCO066796 ) FILE NO. LV-2012-0044
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 March 19, 2012, 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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 19, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3602
Mr. Bob Frye
Town of Highlands
210 North Fourth Street
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 NCO021407
Town of Highlands
Highlands WWTP
Case No. LV-2012-0045
Macon County
Dear Mr. Frye:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00
($250.00 civil penalty+ $137.00 enforcement costs) against the Town of Highlands.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Highlands for the month of June 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0021407. The violations which occurred in
June 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Highlands violated the
terms, conditions or requirements of NPDES Permit NCO021407 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, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Highlands:
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
,.
Internet:www.ncwateraualitv.ora

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0021407, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Cone.
$250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$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. 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
1. Submit payment of the penalty: t�
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 J
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, 4
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments .
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments 4/
LtaYta �t��Ili(jIM1 t;ghialuk 1AW1112140TI .013-0045.dm:

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0045 County: Macon
Assessed Party: Town of Highlands
Permit No.: NC0021407 Amount Assessed: $387.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF MACON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF HIGHLANDS
STIPULATION OF FACTS
/ )
HIGHLANDS WWTP )
PERMIT NO.NCO021407 ) FILE NO. LV-2012-0045
Having been assessed civil penalties totaling $38 7.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 19, 2012, 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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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0045 County: Macon
Assessed Party: Town of Highlands
Permit No.: NC0021407 Amount Assessed: $387.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that-you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

.. ...._.......__... .
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF MACON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF HIGHLANDS
STIPULATION OF FACTS
/ )
HIGHLANDS WWTP )
PERMIT NO. NCO021407 ) FILE NO. LV-2012-0045
Having been assessed civil penalties totaling$387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 19, 2012, 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
n.
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 19, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3619
Mr. Cameron McHargue
Town of Spindale
P.O. Box 186
Spindale,North Carolina 28160
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 NCO020664
Town of Spindale
Spindale WWTP
Case No. LV-2012-0046
Rutherford County
- Dear Mr. McHargue:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,387.00 ($1,250.00 civil penalty+ $137.00 enforcement costs) against the Town of Spindale.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Spindale for the month of June 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020664. The violations which occurred in
June 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Spindale violated the
terms, conditions or requirements of NPDES Permit NCO020664 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
the Town of Spindale:
None
rthCarolina
)Vatura!!y
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 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0020664, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0020664, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$1,250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$1,387.00 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-
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 o£
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) ~f
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 Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
4`.Sb'P\Ri�thcr(t>rci\��'atit��i�t ;lii�nicipaitii�ind lzWWTP2066-IV-2012-0046.doc-

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0046 County: Rutherford
Assessed Party: Town of Spindale
Permit No. : NC0020664 Amount Assessed: $1,387.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF RUTHERFORD AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
THE TOWN OF SPINDALE/ ) STIPULATION OF FACTS
SPINDALE WWTP )
PERMIT NO.NCO020664 )
FILE NO. LV-2012-0046
Having been assessed civil penalties totaling$1,387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 19, 2012, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE ��
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
March 19, 2012
Tony Dyer, Assistant Vice President
Citizens South Bank
Post Office Box 68
Hiawassee, Georgia, 30546
Subject: Permit No. WQ0035816
Citizens South Bank
Deerfield Inn
Wastewater Collection System Extension
Clay County
Dear Mr. Dyer:
In accordance with your application received March 5, 2012, we are forwarding herewith Permit
No. WQ0035816, dated March 19, 2012, to Citizens South Bank 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 shall be considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0300; 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility 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.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,SwannanoaN�C28778
Phone:[phone] FAX:[phone]OR;/ NorthCarolina
Internet:www.ncwaterquality.ore A1i7f1/t+1r//1/

Citizens South Bank March 19, 2012 Page 2
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
Citizen South Bank for the construction and operation of: a 25—gallon per minute pump station with
duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with
telemetry; as well as approximately 370 linear feet of 2-inch force main to serve a 20 room motel as
part of the Deerfield Inn project, and the discharge of 2400 gallons per day of collected domestic
wastewater into the Clay County existing sewerage system, pursuant to the application received March
5, 2012 and in conformity with 15A NCAC 2T .0300; 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;
The sewage and wastewater collected by this system shall be treated in the Clay County Water
and Sewer Wastewater Treatment Facility (Permit No. NC0026697) prior to being discharged into the
receiving stream.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
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 150B 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.
If you need additional information concerning this matter, please contact Keith Haynes at (828)
296-4500.
Sincerely
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Clay County Health Department
ARO(WWTF Permit No. NC0026697)
Haney Consulting Engineers, PA
Clay County Water and Sewer
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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.
1

PERMIT NO W00035816 Citizen SoAlth Bank Deerfield Inn lay County March 19 2012
4. 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life -J
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; 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.
9. 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.
10. 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 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

PERMIT NO. WQ0035816, Citizen South Bank Deerfield Inn, Clay County March 19. 2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), 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.
Permit issued this the Nineteenth Day of March, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles W kild, P.E., Director'`
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035816
3

PERMIT NO WQ0035816 Citizen South Bank Deerfield Inn Clay County March 19 2012
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
a 25—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a
portable generator receptacle with telemetry; as well as approximately 370 linear feet of 2-inch force main to
serve a 20 room motel as part of the Deerfield Inn project, and the discharge of 2400 gallons per day of collected
domestic wastewater
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• 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.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
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 above referenced
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 2T .0300; 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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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.

_jRTH CAROLINA
_-OF CLAY Permit No. WQ0035816
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known.as the COMMISSION; and
CITIZENS SOUTH BANK—(Deerfield Inn) , a coiporation/general partrt4rshp registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELK)PER.
WITNESSETH: LL
1. The DEVELOPER is the owner of the certain lands lying in CLAY ; County,upon which'::it is
erecting and will erect dwelling units and other improvements, saidiievlopmentto be known
as DEERFIELD INN (hereinafter tie Development). . ...
2. The DEVELOPER desires,to construct a wastewater collection sygt trr with pumps,°wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the N/A (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re-constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re-construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto,the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance.with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
- DEVELOPER's successor.
Fnura• r,�v mini D^ 1 --

r
4. Th.,DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal
appurtenances thereto are part of the common elements and shall thereafter be properly maintained
- operated in conformity with law and the provisions of the permit for construction, operation, repair, an,
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System,beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development,the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without \'
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance,repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL CITIZENS SOUTH BANK
MANAGEMENT COMMIS�JQN Name of DEVELOPER
Charles Wakild, P.E., Director (Signature)
Division of Water Quality
TONY DYER Assist Vice President
Print Name and Title
bad:,
(Date) T'(Date)
7L X rrX TfV1 1)1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
March 20, 2012
David Day,P.E.
Scenic View Terrace,LLC
6 Roberts Road
Asheville,North Carolina 28803
Subject: Notice of Violation and Recommendation for Enforcement
Project# 2008-0386 Ver. 3
Incident Closure
Buncombe County
Dear Mr. Day:
The Division of Water Quality(DWQ)has received the as-built plans stamped and sealed by Aaron Banks,
PLS, related to the Notice of Violation issues at Scenic View Terrace.
DWQ has reviewed the information provided and has determined that the culvert removal and channel
restoration performed have satisfactorily resolved the violations noted in the subject Notice of Violation.
The DWQ appreciates your attention to this matter. Should you have any further questions, please contact
me at(828)296-4657.
Sincerely,
Kevin Barnett
Environmental Specialist
Surface Water Protection Section
cc: Scott Jones,US Army Corps of Engineers
Laura Herbert,P.E.,Division of Land Resources,ARO
Buncombe County Planning
ARO File Copy
S:\SWP\Buncomb
e\401s\Non-DOT\Sc
enicViewTerrace\NOV Closure.2 2012.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naturall'y
An Equal opportunity\Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 22, 2012
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 March 8,2012,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB
Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge
construction,pipe installation and roadbed preparation.
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,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221 March 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Intennet:wwwmwatergualily.ora NorthCc`l.rohna
An Equal Opportunity\,Affirmative Action Employer ;Vatuy a L y

ill
`�,;

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: 03/08/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title:
Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker
Secondary Inspector(s): Phone: [phone]
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
N Permit(401 WQC)
Inspection Summary:
Work is underway at the bridge over the Broad River.
The Floyds Creek Bridge deck has been poured.
Grading continues to move toward US 74.
Repair silt fence at Station 483.
Repair sloughing banks below culvert at Station 274.
Repair washed areas in the median between Station 217 and Station 221.
Page: 1

Project Num: 20081809 Owner: NC DOT PDEA
Inspection Date: 03/08/2012 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? 0 0 0 f1
Are the culverts and/or filled areas installed properly? ■ n ❑ 0
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 ❑ ❑ 0
Comment: Repair silt fence at Station 483 and check silt fence on the project.
The embankment below the culvert at Station 274 is sloughing and needs to be seeded
and matted.
Repair washed areas in the median from Station 217 to Station 221.
�J
Page: 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 22,2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspections
DWQ Project 10-1017
TIP No.U-2550B
NC Highway 18 @ I-40
Burke County
Dear Mr. Swain:
On March 21,2012, 1 inspected the construction work on TIP Project No.U-255013,NC Highway 18 at
Interstate 40 in Burke County. The inspections included compliance with the 401 Water Quality Certification
and review of Construction Stormwater records.
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,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
R-2550B NC Highway 18 coil I-40 March 2012 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.ncwatemuality.ora NofthCaroli�n/a
An Equal Opportunity!Affirmative Action Employer �atul'all'J

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: 03/21/2012
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:
Permit(401 WQC)
Inspection Summary:
1. Temporary seed the area adjacent to 1-40 on the southwest side of the project.
2. Install silt fence and other control measures at the inlet to the stormwater pipe south of the Waffle House.
3. Seed and matt other bare areas such as the cut slope adjacent to the westbound 1-40 on ramp,at the cross vanes on the
stream relocation,etc.
4. Complete stream relocation.
Page: 1

Project Num: 20101017 Owner: NC DOT PDEA
Inspection Date: 03/21/2012 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? ■ ❑ 0 0
Are the culverts and/or filled areas installed properly? ■ ❑ ❑ 0
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0 0 0
Comment: TEMPORARY SEED AREA ADJACENT TO AND ON SOUTHWEST SIDE
OF 1-40.
INSTALL SILT FENCE AND OTHER CONTROLS AT INLET TO STORMWATER PIPE
SOUTH OF WAFFLE HOUSE.
STREAM RELOCATION IS COMPLETE EXCEPT FOR A SHORT SECTION BELOW
PIPE. THE STREAM RELOCATION SHOULD BE COMPLETED THIS WEEK.
J
Page: 2

DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 20, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3732
Mr. Bentley Parlier
Linville Resorts Inc.
11 Linville Avenue
Linville,North Carolina 28646
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 NCO039446
Linville Resorts Inc.
Linville Resorts WWTP
Case No. LV-2012-0047
Avery County
Dear Mr. Parlier:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00
($250.00 civil penalty+ $137.00 enforcement costs) against Linville Resorts Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Linville Resorts Inc. for the month of June 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0039446. The violations which occurred in
June 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Linville Resorts Inc. violated the
terms, conditions or requirements of NPDES Permit NCO039446 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.l(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
Linville Resorts Inc.:
None
rthCarolina
- Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.or4

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0039446, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Conc.
$250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$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. 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
r 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 eanford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments 4N'
Bob Guerra/Point Source w/attachments
Scott Vasgaard/ORC w/attachments
i 647.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0047 County: Avery
Assessed Party: Linville Resorts Inc.
Permit No.: NCO039446 Amount Assessed: $387.00
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. 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
COUNTY OF AVERY AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
LINVILLE RESORTS INC. / ) STIPULATION OF FACTS
LINVILLE RESORTS WWTP )
PERMIT NO.NCO039446 } FILE NO. LV-2012-0047
Having been assessed civil penalties totaling $387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 20, 2012, 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
`t
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 20, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3749
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
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 NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2012-0049
Caldwell County
Dear Mr. Thomas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,699.50 ($1,562.50 civil penalty+ $137.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Lenoir for the month of September 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in
September 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023736 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, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the City of Lenoir:
NorthCarohna
Natna!!ty
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 o9f%.
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.
$312.50 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,250.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Cone.
$1,562.50 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$1,699.50 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. 1,
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,
_7
Chuck Cranford, Regi6nal Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments ` v�
S:S kP\("aIdw::El,l`<t tt, ft r: li11Jk:;pa1\UIttpotit.lcr Creek 23 +6S_ ?GIZ-0049.doi

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0049 County: Caldwell
Assessed Party: City of Lenoir/Gunpowder Creek WWTP
Permit No.: NC0023736 Amount Assessed: $1,699.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

...._......... _ ....... ......
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN4
COUNTY OF CALDWELL AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CITY OF LENOIR/
STIPULATION OF FACTS
)
GUNPOWDER CREEK WWTP )
PERMIT NO.NCO023736 ) FILE NO. LV-2012-0049
Having been assessed civil penalties totaling $1,699.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 20, 2012,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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman
Governor Director Secretary
March 20, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3756
Mr. Garland Norton, Mayor
Town of Old Fort
P.O. Box 520
Old Fort,North Carolina 28762-0520
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 NCO021229
Town of Old Fort
Old Fort WWTP
Case No. LV-2012-0048
McDowell County
Dear Mr.Norton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00
($250.00 civil penalty+ $137.00 enforcement costs) against the Town of Old Fort.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Old Fort for the month of July 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0021229. The violations which occurred in
July 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Old Fort violated the
terms, conditions or requirements of NPDES Permit NCO021229 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
the Town of Old Fort:
NorthCarolina
Naturally
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.
$250.00 NC0021229, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
$250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$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:
l. 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,
�� wP
Chuck Ciaanford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
5 �tll'.Vl�l�ti.+'e(!' 1 �ste�i3tt"\lttnic;pzt;{)Id F()J_I Ilk—W]i )I 2E7'.3 V-2Gt2-()048.LIoC

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0048 County: McDowell
Assessed Party: Town of Old Fort
Permit No.: NCO021229 Amount Assessed: $387.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF MCDOWELL AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF OLD FORT/ ) STIPULATION OF FACTS
OLD FORT WWTP )
PERMIT NO.NCO021229 )
FILE NO. LV-2012-0048
Having been assessed civil penalties totaling$387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 20, 2012, 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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94
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 21, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3763
Mr. Cameron McHargue
Town of Spindale
P.O. Box 186
Spindale,North Carolina 28160
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 NCO020664
Town of Spindale
Spindale WWTP
Case No. LV-2012-0053
Rutherford County
Dear Mr. McHargue:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00
($250.00 civil penalty+ $137.00 enforcement costs) against the Town of Spindale.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Spindale for the month of July 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020664. The violations which occurred in
July 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Spindale violated the
terms, conditions or requirements of NPDES Permit NCO020664 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
the Town of Spindale:
No thCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone] QV
Internet:www ncwaterpuality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0020664, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0020664, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Cone.
$250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$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:
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 Crdiford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
S `� k-PLRueLerfi,)r(i'% v t,-v;<ttci.J,1t€oicii),a3'Spindrl WWIt' 066-N.1 1 ''(il?-�i�3.ittc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0053 County: Rutherford
Assessed Party: Town of Spindale
Permit No. : NC0020664 Amount Assessed: $387.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF RUTHERFORD AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF SPINDALE
STIPULATION OF FACTS
/ )
SPINDALE WWTP )
PERMIT NO. NCO020664 ) FILE NO. LV-2012-0053
Having been assessed civil penalties totaling $387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 21, 2012, 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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NCDEWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 21, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3770
Mr. Radford L. Thomas, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
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 NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2012-0050
Caldwell County
Dear Mr. Thomas
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$449.50
($312.50 civil penalty+ $137.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Lenoir for the month of October 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in
October 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023736 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
the City of Lenoir:
One
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone] <3,1h1\
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Conc.
$312.50 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$449.50 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:
L 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.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,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
S; L1 F'vC'aIdI-,cit Gi s�i �i�i r���tai�i�ilmI'`�A itIIIpc>wder( rem:?3� ,`..[.V-)01 2 t)O,(t cli?c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0050 County: Caldwell
Assessed Party: City of Lenoir
Permit No.: NC0023736 Amount Assessed: $449.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF CALDWELL AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CITY OF LENOIR ) STIPULATION OF FACTS
GUNPOWDER CREEK WWTP )
PERMIT NO. NCO023736 )
FILE NO. LV-2012-0050
Having been assessed civil penalties totaling $449.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 21, 2012, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
March 22, 2012
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 March 20,2012,I inspected the construction project on the US Highway 19 Project in Yancey County
between Jacks Creek Road and Double Island Road. Construction continues along most of the project with
heavy grading,utility construction and culvert installation.
Please continue to 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: Randy McKinney,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 19 R-2519A March 2012 hispection 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 NofffiCarolina.
An Equal Opportunity 1 Affirmative Action Employer
.�►��rt'rNnllrr

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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: 03/20/2012
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:
E Permit(401 WQC)
Inspection Summary:
Inspected project from Jacks Creek Road to Double Island Road.
All streams appeared to be clear.
Heavy construction continues on the east side of the project.
Please ensure that all bare areas are seeded and mulched within two weeks and that all sediment and erosion control structures are
maintained properly.
Page: 1

Project Num: 20071134 Owner: NC DOT PDEA
Inspection Date: 03/20/2012 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? MOOD
Are the culverts and/or filled areas installed properly? ■ n 0 n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0000
Comment: Reviewed project. Heavy construction is underway on the east side of the
project.
Please ensure that all bare areas are seeded and mulched within two weeks and all
sediment and erosion control structures are properly maintained.
All of the sites appeared to be in compliance with the 401 Certification.
All streams appeared to be clear.
Page: 2

4;'�T
Y, ___
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
March 22,2012
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 19/19E
DWQ Project 07-1134
Individual Certification No.3706
TIP Nos. R-2518A and R-2518B
Madison and Yancey Counties
Dear Mr. Swain:
On March 20,2012,I inspected the construction project on the US Highway 19/19E Project in Madison and
Yancey Counties. Construction continues along most of the project with heavy grading,bridge construction,
pipe installation and paving activities underway. Please pay particular to attention to the construction areas
near the Madison-Yancey County line and the bridge construction sites.
Please continue to 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: Randy McKinney,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 19/19E March 2012 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.ncwaterauality.ora NofthCarolina
An Equal Opportunity!Affirmative Action Employer XaturvIfil

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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. 03/20/2012
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: 0 Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected project from Jacks Creek Road to Double Island Road.
All streams appeared to be clear.
Heavy construction continues on the east side of the project.
Please ensure that all bare areas are seeded and mulched within two weeks and that all sediment and erosion control structures are
maintained properly.
Page: 1

Project Num: 20071134 Owner: NC DOT PDEA
Inspection Date: 03/20/2012 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?
■ 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?
■ nnn
Comment: Reviewed project from 1-26 to Jacks Creek Road.
Construction continues from one end to the other with heavy construction taking place
near the Madison-Yancey County line and at the Bald Creek and Cane River Bridges.
Construction has started on the stream restoration work on the unnamed tributary to the
Cane River.
Page: 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Director Secretary
Governor
March 22, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3725
Mr. Roger Gosnell
75 Sleepy Gap Road
Arden, North Carolina 28704
Subject: Illegal Discharge
26 Uncle Drive
Asheville, North Carolina 28806
Dear Mr.Gosnell:
This Office recently observed wastewater running from your property at 26 Uncle Drive in Buncombe
County onto the ground and then into a nearby creek. This letter is to advise you that this type of discharge
is a violation of North Carolina General Statute 143-215.1(6). This is a repeat occurrence at this location
and was first observed in January 2010.
By this letter,this Office is requiring that you repair the pump station insuring that it can properly
handle the pumping of waste water off the property to where it makes connection with the MSD
sewer. Future discharges of this type without a valid permit will be considered to be a violation of the
aforementioned General Statute and could be subject to the assessment of a civil penalty.
As authorized by NCGS 143-215.6A, a civil penalty may be assessed for any failure to secure a permit
required by NCGS 143-215.1 or for violation of any classification, standard, limitation or management
practice established pursuant to NCGS 143-214.1 or 143-215. The Environmental Management
Commission is empowered to assess civil penalties of not more than twenty five thousand dollars ($25,000)
per day per violation for as long as the violation continues. Any future discharges observed by DWQ
personnel could result in the recommendation for an enforcement action.
To prevent further action, carefully review these violations and deficiencies and provide a report to
this office as to the corrective actions taken within fifteen (15)working days of receipt of this letter.
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
at 828/296-4500.Your prompt attention to this matter is greatly appreciated.
Sincerel r
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc;.Asheville Files
Steve Jones/ Buncombe Co. Health Department
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarohna
Phone: [phone]\FAX:[phone] Natural[Y
Internet:www.ncwate[quality.org S:\SWP\Buncombe\Z-Loose Do
cs\26 Uncle Drive 2012.docx

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 22,2012
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 10-0125
TIP No.R-2824
NCSR 1546(Lovelady Road)
Burke County
Dear Mr. Swain:
On March 21,2012,I inspected the construction work on TIP Project No.R-2824,NCSR 1546 (Lovelady
Road)in Burke County. Grading and paving of the roadway were underway during the inspection.
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:Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
R-2824 NCSR 1546 March 2012 Inspection Letter
-- SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
110
Internet:www ncwaterguality.org NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer ;Vaturallry

Wetland Inspection Report
Project Num: 20100125 Version: 1 Status: Issued
Project Name: NCDOT-SR 1546(R-2824) Project Type: Replace bridge with bridge
County: Burke Region: Asheville
Location: NCDOT-SR 1546(R-2824)
Latitude: +35°45'36" Longitude: -81°32'60"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection_Date: 03/21/2012
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 project and discussed with DOT personnel.
Grading,shoulder work and paving are underway.
Seeding and mulching to be performed next week.
Project appears to be in good shape.
l
Page: 1

Project Num: 20100125 Owner: NC DOT PDEA
Inspection Date: 03/21/2012 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?
■ 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?
■ nnn
Comment: Project consist of grading, shoulder work and paving.
The project sediment and erosion control devices appear to be in good shape.
Page: 2

NDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 23, 2012
Mr. Radford L Thomas
City of Lenoir
PO Box 958
Lenoir N.C. 286450958
SUBJECT: Collection System Inspection
Lenoir Collection System
Permit No: WQCS00035
Caldwell County
Dear Mr. Thomas:
Enclosed please find a copy of the Collection System inspection conducted on
February 23, 2012. The facility was found to be in Compliance with permit WQCS00035.
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 ca a at 828-296-4500.
Sincerely, '
Jeff Menzel ' V
Environmental Specialist
Enclosure
cc: PERCS Files
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolliina
Phone: [phone]\FAX:[phone] �Qtur+Q[Lj/
Internet:www ncwatercivality.org qPr
S:\SWP\Caldwell\Collection Systems\Lenoir Collection System\WQCS00035 CEI 02 2012.docx

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Compliance Inspection Report
Permit: WQCS00035 Effective: 07/01/09 Expiration: 06/30/17 Owner: City of Lenoir
SOC: Effective: Expiration: Facility: Lenoir Collection System
County: Caldwell PO Box 958
Region: Asheville
Lenoir NC 286450958
Contact Person: Radford L Thomas Title: Phone: [phone]
Directions to Facility:
System Classifications: CS3,
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NCO023736 City of Lenoir-Gunpowder Creek WWTP
NCO023981 City of Lenoir-Lower Creek WWTP
Inspection Date: 02/23/2012 Entry imeK 10:00 AM Exit Timee::Q-004:00 PM
Primary Inspector: Jeff Menzel ' 3 ����s 0'' Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling
Permit Inspection Type: Collection system management and operation
Facility Status: ■ Compliant Q Not Compliant
Question Areas:
Miscellaneous Questions 0 Performance Standards N'Ope'ration&Maint Regmts 0 Records
Monitoring&Rpting N Inspections Pump Station N Manhole
Reqmts
Lines
(See attachment summary)
Page: 1

Permit: WQCS00035 Owner-Facility: City of Lenoir
Inspection Date: 02/23/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Inspection Summary:
From 2010 to 2012 the City has reported 17 sewer overflows.The City is making progress in terms of compliance with the
requirements of its collection system permit. The City now has a collection system Capital Improvements Plan and Spill
Response Action Plan meeting permit requirements. Currently the City is converting its sewer map over to a GPS format.
The City already has public education materials for the handling of grease in English; a Spanish version may also be
helpful.
With the assistance of Mike Coffey, over half of the City's pump stations were observed during this inspection.All of the
pump stations observed appear to be well managed by City staff. The inspector will visit the remaining pump stations at a
later date.
No violations of permit requirements or applicable regulations;were observed during this inspection.
Page: 2

Permit: WQCS00035 Owner-Facility: City of Lenoir
Inspection Date: 02/23/2012 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? 0000
What educational tools are used?
Handouts,mailings.
Is Sewer Use Ordinance/Legal Authority available? ■ 0 n n
■
Does it appear that the Sewer Use Ordinance is enforced? nnn
■
Is Grease Trap Ordinance available? nnn
Is Septic Tank Ordinance available(as applicable, i.e.annexation) ■ n n El
List enforcement actions by permittee, if any,in the last 12 months
None documented in the last 12 months.
Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑
Does CIP address short term needs and long term\"master plan\"concepts? ■ n
Does CIP cover three to five year period?
■. nnn
Does CIP include Goal Statement? ■ Cl n
11
Does CIP include description of project area? ■ n ❑ n
■ nnn
Does CIP include description of existing facilities?
'�_, ■
Does CIP include known deficiencies? nnn
Does CIP include forecasted future needs? ■ 0 0 0
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
At the time of inspection the CIP was in draft form waiting to be reviewed and approved by the Town's
Council,therefore the CIP budget and annual revenue will not be disclosed in the report.
Is system free of known points of bypass? ■ 0 ❑ n
If no,describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ n
#Does the sign include:
■ nnn
Instructions for notification?
Pump station identifier? ■ n n n
24-hour contact numbers ■ n 0 n
If no, list deficient pump stations
Page: 3

Permit: WQCS00035 Owner-Facility: City of Lenoir
Inspection Date: 02/23/2012 Inspection Type: Collection System Inspect Non Sampling P 9 Reason for visit: Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? 0 0 0 n
Number of pump stations 16
Number of pump stations that have SCADA 16
Number of pump stations that have simple telemetry 0
Number of pump stations that have only audible and visual alarms 16
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? (_7 ❑ C)
#If yes,date implemented?
Describe:
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ n Q 0
Are records available that document pump station inspections? 00 n 0
Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ Q f_1 0
Are non-SCADA/telemetry equipped pump stations inspected every day? 0 n 0
Are records available that document citizen complaints? 0 0 0 0
#Do you have a system to conduct an annual observation of entire system? ■ 0 0 0
#Has there been an observation of remote areas in the last year? E 0 0 n
Are records available that document inspections of high-priority lines? ■ n 0 fl
Has there been visual inspections of high-priority lines in last six months? ■ ❑ 0 01
Comment: The system consists of approximately 209 miles of sewer line.
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? 000
Does supervisor review all log books on a regular basis? ■ ❑ I_l 0
Does the supervisor have plans to address documented short-term problem areas? ■ 0 0 0
What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas?
As needed.
Are maintenance records for equipment available? ■ [I 0 CI
Is a schedule maintained for testing emergency/standby equipment? 0 ❑ D Q
What is the schedule for testing emergency/standby equipment? weekly/monthly
Page: 4

Permit: WQCS00035 Owner-Facility: City of Lenoir
Inspection Date: 0 2/2 312 01 2 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Do pump station logs include:
Inside and outside cleaning and debris removal? ■ 0 fl Q
Inspecting and exercising all valves? ■ 0 n ❑
Inspecting and lubricating pumps and other equipment?
■ nnn
Inspecting alarms,telemetry and auxiliary equipment?
■ nnn
Is there at least one spare pump for each pump station w/o pump reliability? ■ ❑ n (l
Are maintenance records for right-of-ways available? ■ 0 [i n
Are right-of-ways currently accessible in the event of an emergency?
■ nnn
■
Are system cleaning records available? nnn
Has at least 10%of system been cleaned annually? ■
What areas are scheduled for cleaning in the next 12 months?
High priority and problem areas are scheduled for cleaning.
Is a Spill Response Action Plan available? ■ Q ❑
Does the plan include:
■
24-hour contact numbers nnn
Response time ■ 0 0
Equipment list and spare parts inventory ■ 0 0 Cl
■ n
Access to cleaning equipment nn
Access to construction crews,contractors,and/or engineers
■ nnn
Source of emergency funds ■ [I Cl
Site sanitation and cleanup materials ■ ❑ n n
nnn
Post-overflow/spill assessment ■
Is a Spill Response Action Plan available for all personnel?
■ nnn
Is the spare parts inventory adequate? ■ ❑ ❑ 0
Comment:
Yes No NA NE
Records
Are adequate records of all SSOs,spills and complaints available?
■ nnn
Are records of SSOs that are under the reportable threshold available? ■ n 0 0
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ o 0
If yes, is there a corrective action plan? ■ nnn
Is a map of the system available? ■ nnn
Page: 5

Permit: WQCS00035 Owner-Facility: City of Lenoir
Inspection Date: 02/23/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
Does the map include:
Pipe sizes
■ nnn
Pipe materials ■ n n n
Pipe location ■ n n n
Flow direction ■ n If n
Approximate pipe age n ■ n n
Number of service taps n ■ n
Pump stations and capacity ■ 1=1 n
If no,what percent is complete? 90%
List any modifications and extensions that need to be added to the map
The City is currently working on acquiring a GPS sewer map.
#Does the permittee have a copy of their permit? ■ n ❑ n
Comment:
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? ■ ❑ n
Are public notices and proof of publication available? ■ nnn
#Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ n ❑ n
#Is permittee compliant with all compliance schedules in the permits? n n
If no,which one(s)?
Comment:
1 - Meadow wood pump station
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? ■ n n
Is it accessible in all weather conditions? ■ n n n
#Is general housekeeping acceptable? ■ ❑ ❑ n
Are all pumps present? ■ n Cl n
Are all pumps operable? ■ n n n
Are wet wells free of excessive debris? ■ n n n
r=.
Are upstream manholes free of excessive debris/signs of overflow? ■ i l n n
Page: 6

Permit: WQCS00035 Owner-Facility: City of Lenoir
Inspection Date: 02/23/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine
- Are floats/controls for pumps/alarms operable? ■ n n n
Is"auto polling"feature/SCADA present? ■ n n ❑
Is"auto polling"feature/SCADA operational? ■ n n n
Is simple telemetry present? n n n ■
Is simple telemetry operational? n In n ■
Are audio and visual alarms present? ■ n n Cl
Are audio and visual alarms operable? ■ ❑ 0 n
Is the Pump station inspected as required? ■ n ❑ n
Are backflow devices in place? ■ Cl n n
Are backflow devices operable? n n n ■
Are air relief valves in place? ■ ❑ ❑ n
Are air relief valves operable? ■ ❑ ❑ n
# Is an emergency generator available? ■ ❑ ❑ n
Can the emergency generator run the pumps? ■ n n D
Is the pump station equipped for quick hook-up? ■ Cl n n
Is the generator operable? ■ ❑ n
#Is fuel in tank and sufficient? ■ n n n
Is the generator inspected according to their schedule? ■ n n n
Is a 24-hour notification sign posted? ■ n fl 0
Does it include:
Instructions for notification? M 0 ❑ Q
Pump station identifier? ■ n n n
Emergency phone number ■ n ❑ n
Is public access limited? ■ 0 n n
Is pump station free of overflow piping? ■ ❑ n n
Is the pump station free of signs of overflow? ■ 0 ❑ n
Are run times comparable for multiple pumps? yes
Comment: Over half of the City's pump stations were observed during this inspection.
All of the pump stations observed appear to be well managed by City staff. The
inspector will visit the remaining pump stations at a later date.
Page: 7

AQ;=
NCENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 26, 2012
Ms. Cherie Sidhu
1420 Stonegate Dr.
Shelby,NC 28150
Subject: 401 Water Quality Certification -Approval
Cherie Sidhu, Lot 55
DWQ Project# 12-0050
McDowell County
CTB30/ Catawba River(Lake James) / l l-(23) /WS-V;B
Dear Ms. Sidhu:
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 approximately 0.05 acres of waters above
,_ full pool and 0.05 acres below full pool [approximately 980 linear feet of shoreline] 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 3885. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control, Water Supply
Watershed, and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] NofthCarolina
Internet:www.ncwaterquality.org
An RmRl Onnortunity 1 Affrrnativa Action 1=mnlnvar

Ms.Sidhu
March 26,2012
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Waters Appx. 0.05 acres above Application
full pool
Appx. 0.05 acres below
full pool
[appx. 980 linear feet]
(acres)
No impacts have been approved without USArmy Corp of Engineer approval.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office
at(828) 296-4665.
Sincerely,
V
Charles Wakild, P.E., Director
CWlsaw
Enc: GC3885
Certificate of Completion
cc: Tyler Crumbley- USACE Asheville Regulatory Field Office
Ian McMillan- WBSCPU
Ronald Harmon-McDowell County Planning
Carissa Parker—Bennick Enterprises
Wade Harmon—Duke Energy Lake Services
ARO File Copy
s

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid,P.E. Dee Freeman
Governor Director Secretary
March 26, 2012
Joseph M. Moore, Manager
City of Brevard
95 West Main Street
Brevard, North Carolina 28712
Subject: Permit No. WQ0035839
City of Brevard
Cottages at Brevard
Wastewater Collection System Extension
Transylvania County
Dear Mr. Moore:
In accordance with your application received March 14, 2012, we are forwarding herewith
Permit No. WQ0035839, dated March 26, 2012, to the City of Brevard 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 shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 or any
individual system-wide collection system permit issued to the Permittee
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0300; 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility 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.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 No thCaTohna
Phone:[phone] FAX:[phone] Natura!!b,
Internet:www.ncwaterguality.org

CITY OF BREVARD MARCH 26, 2012 Page 2
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 City
of Brevard for the construction and operation of approximately 821 linear feet of 8-inch gravity sewer; to
serve 72 bedrooms as part of the Cottages at Brevard project, and the discharge of 8640 gallons per
day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to
the application received March 14, 2012 and in conformity with 15A NCAC 2T .0300; 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;
The sewage and wastewater collected by this system shall be treated in the Brevard
Wastewater Treatment Facility (Permit No. NC0060534) prior to being discharged into the receiving
stream.
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 150B 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.
If you need additional information concerning this matter, please contact Keith Haynes at (828)
296-4500.
Sincerely,
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Transylvania County Health Department
Asheville Regional Office, Surface Water Protection NCO060534
Odom Engineering, PLLC
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 26 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
1

PERMIT NO. WQ0035839,CITY OF BREVARD, COTTAQES AT BREVARD TRAN YLVANIA QQ. MARCH 2 201-
4. 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; 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.
9. 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.
10. 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.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

HERMIT NO W00035839 CITY OF BREVARD COTTAGES AT BREVARD TRANSYLVANIA CO MARCH 26, 012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), 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.
Permit issued this the twenty-sixth day of March, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00035839
3

PERMIT NO W00035839 CITY OF BREVARD,COTTAGES AT BREVARD TRANSYLVANIA CO MARCH 26. 2012
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
approximately 821 linear feet of 8-inch gravity sewer; to serve 72 bedrooms as part of the Cottages at
Brevard project, and the discharge of 8640 gallons per day of collected domestic wastewater
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• 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.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S 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 above referenced
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 2T.0300; 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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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
Beverly Eaves Perdue Charles Wakild,,P.E. Dee Freeman
Governor Director Secretary
' i
March 26, 2012
Jim Hensler,CEO
Horsehead Corporation
4955 Steubenville Pike Suite 405
Pittsburgh, PA 15205
Subject: Permit No. WQ0035840
Horsehead Corporation
Horsehead Corp. Sewer Collection
System
Wastewater Collection System Extension
Rutherford County
Dear Mr. Hensler:
In accordance with your application received March 15, 2012, we are forwarding herewith Permit No.
WQ0035840, dated March 26, 2012, to the Horsehead Corporation 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 shall be considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit :Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0300; 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility 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..
NorthCarolina
Naturally
i
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone] FAX:828 2F043
Internet:www ncwaterquality.
S:\SWP\Rutherford\Collection Systems\Forest City Collection System\WQ0035840 Horsehead Corp.Sewer Collection System.doex

Horsehead Corporation March 26, 2012 Page 2
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 for the construction and operation of approximately 1930 linear feet of 6-inch
gravity sewer to serve 350 employees as part of the Horsehead Corp. Sewer Collection System
project, and the discharge of 8750 gallons per day of collected domestic/commercial wastewater into
the Town of Forest City's existing sewerage system, pursuant to the application received March 15,
2012, and in conformity with 15A NCAC 2T .0300; 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.
The sewage and wastewater collected by this system shall be treated in the Town of Forest
City's Riverstone Industrial Park Wastewater Treatment Facility (Permit No. NC0087084) prior to being
discharged into the receiving stream.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
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 150B 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.
If you need additional information concerning this matter, please contact Jef Menzel at (828)
296-4500.
Sincerely,
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Rutherford County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0087084)
David Odom, P.E. Odom Engineering
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; 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.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. 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 .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be 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-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. 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,,,
i
I

.PERMIT NO W00035840 HQRSEHEAQ QQRR SEWER COLLECTtON RUTHERFORD MARCH 26 2012
4. 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.
5. 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.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy, of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life \`
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; 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.
9. 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.
10. 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 NCGO10000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water auality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours --r'
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

r2MIT NO W00035840 HORSEHEAD CORP SEWER COLLECTION RUTHERFORD MARCH 26 2012
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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
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 (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), 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.
Permit issued this the 26 DAY OF MARCH, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charlos'Wakild, P.E., Director
- Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035840
3

_ _
�F'
� \i
�_,
'\
�/

rt IT NO W00035840, HORSEHEAD CORP SEWER COLLECTION, RUTHERFORD MARCH 26 2012
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the Horsehead Corporation for the construction and operation of
approximately 1930 linear feet of 6-inch gravity sewer to serve 350 employees as part of the
Horsehead Corp. Sewer Collection System project, and the discharge of 8750 gallons per day of
collected domestic/commercial wastewater into the Town of Forest City's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• 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.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
l 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 above referenced
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 2T .0300; the Division of Water Ouality's(bivision)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
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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.

`\I,_�
/\/�.:
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WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 26, 2012
Mark Byrd
6081 HWY 226 N
Bakersville NC 28705
Subject: 401 Water Quality Certification - Approval
Byrd Project (Deed Book 450; Pg 705)
DWQ Project# 12-0140
Mitchell County
FrB /UT N Toe/B Tr
Dear Mr. Byrd:
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 0.09 acres of wetlands and 80 feet of streams
r the purpose of access at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3692. This Certification allows
you to use Nationwide Permit 40 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and trout buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) lan Location or Reference
Stream 80 (feet) S 1
Wetlands 0.09 (acres) W 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] NorthCarolina
Internet:www.ncwaterquality.org
AahmallY
An Equal Opportunity 1 Affirmative Action Employer

Mark Byrd
March 26,2012
Page 2 of 2
No impacts have been approved without US Army Corp of Engineer approval.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Charles Wakild, P.E irector
CW/lsw
Enc: GC3692
Certificate of Completion
cc: USACE Asheville Regulatory Field Office '
401 Permitting Unit—Central Office
File Copy
S:\S\kT\Mitche11\401 s\Non-DOT\Byrd\Approval.byrd.march2012.doc

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 26, 2012
Mr. Keith Rudman
1412 W. Lexington St.
Chicago, IL 60607
Subject: 401 Water Quality Certification -Approval
Cherie Sidhu, Lot 55
DWQ Project# 12-0282
McDowell County
LTN/Bear Creek Lake (Tuckaseegee River)/2-79-(5.5) /WS-III, B, Tr
Dear Mr. Rudman:
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 approximately 0.16 acres of waters above
full pool and 0.19 acres below full pool [approximately 1400 linear feet of shoreline] 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 3885. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Jackson County Erosion and Sediment Control,
Water Supply Watershed, and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] NofthCai ohna
Internet:www.ncwaterquality.org Naturall'ff
An Fn—t nnnnrhinih�'.affirmalivo Artinn rmnlnucr

._......... ..
Mr.Rudman
March 26,2012
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Waters Appx. 0.16 acres above Application
full pool
Appx. 0.19 acres below
full pool
[apex. 14001inear feet]
No impacts have been approved without US Army Corp of Engineer approval.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at [phone].
Sincerely,
Charles akild, P.E., Di ctor
CWlsaw
Eric: GC3885
Certificate of Completion
cc: Tyler Crumbley-USACE Asheville Regulatory Field Office
Ian McMillan- WBSCPU
Robert Shelton-Jackson County Planning
William Owen—Owen Grading
Lisa Leatherman—Duke Energy Lake Services
ARO File Copy
S:\SWP\Jackson\401s\Non-DOT\Bear Lake Heaven Peninsula\APRVL.Bear Lake Heaven Peninsula.3 2012.doc
r'�

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 26,2012
Marisue Hilliard, Forest Supervisor
United States Forest Service
160 Zillicoa Street, Suite A
Asheville,North Carolina 28801
Subject: 401 Water Quality Certification -Approval
USFS—Kimsey Creek Bank Stabilization
DWQ Project#2012-0186
Macon County
LTN03 /Kimsey Creek/2-57-10/Class C; Tr. ORW
Dear Mrs. Hilliard:
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 60 linear feet of streams for the purpose of
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 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to'
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Stream Standard
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 60 (linear feet) S1 and S2
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]t FAX:[phone] NorthCarolina
Internet:www.ncwaterquality.org
aturagil
An Fmial Onnnrtunity 1 Affrmativa Alfl—Gnnln.,ar

United States Forest Service
March 26,2012
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
828-296-4657.
Sincerely,
Charles Wakild, P.E., Dire c r
CWlkhb
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
SAS WP\Macon\401s\Non-DOT\KimseyCreek\12-0186.appvl.3-23-2012.doe

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 26, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3787
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 WWTP
Case No. LM-2012-0010
Henderson County
Dear Ms. Childrey:
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 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 October 2011.
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
October 2011 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.:
None
rthCarolina
Naturally
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 NC0074110, 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 NC0074110, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$.00 For 0 of the 1 failures to properly monitor CHLORINE in violation
of NPDES Permit No. NC0074110.
$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.
Sincerely,
Chuck Gre'nford, Regional Supervisor
Surface Water Protection Section
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Point Source w/attachments
James & James Environmental/ORC w/attachments
ti`t`]'.i{ua 1;:n',�t�ste�sat r 1i��;n's 1t a�,tztui`"ict .AlsistA I i hig?,1 Ht .l,li_?

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2012-0010 County: Henderson
Assessed Party: Mizpah Healthcare Inc. /Mountain View Rest Home WWTP
Permit No.: NC0074110 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. § 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.l(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
COUNTY OF HENDERSON AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
MIZPAH HEALTHCARE INC. / ) STIPULATION OF FACTS
MOUNTAIN VIEW ASSISTED LIVING WWTP )
PERMIT NO. NC0074110 ) FILE NO. LM-2012-0010
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 March 26, 2012,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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tit d = 70101870 0003.0874 8103
M. atelyn Marie Hesselbirg Trust
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —70101870 0003 0874 8080
Michael Otto Hesselbirg and Lera Marie Hesselbirg
55 Beacon Hill Road
Franklin,North Carolina 28734
SUBJECT: NOTICE OF CONTINUING VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Sunny Lane Property
NOV-2011-SS-0025
Stream Standard Violation-Other Waste(In-stream sediment)
Macon County
Response deadline: December 15,2011
Dear Mr. Hesselbirg:
On June 3,2011,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality
(DWQ)conducted a site inspection of property located at 397 Sunny Lane in Macon County. Matt Mason
with the County Erosion Control program was also in attendance during the inspection. Macon County
records indicate that the owner of the property with PIN 6582229191 is listed as Michael O. Hesselbirg,
Trustee of the Katelyn Marie Hesselbirg Trust, dated 26 February 2010. Macon County records indicate
that the owner of the adjoined property with PIN 658221,7782 is listed as Michael Otto Hesselbirg and wife,
Lera Marie Hesselbirg.
DWQ staff observed evidence of land disturbing activities on the subject site that have resulted in
sedimentation impacts to a downstream pond and sedimentation impacts to an un-named tributary to North
Fork Coweeta Creek, classified as(Class B waters)within the Little Tennessee River Basin. From DWQ
observations and file review,these stream impacts were to greater than 300 linear feet of stream which
includes the impacted pond. Sediment depths observed to be approximately 3 inches in places along the
stream feature and are much deeper in the pond.
On August 2,2011,DWQ staff conducted a follow-up site inspection and observed that the impacts noted
on June 3,2011 remain in the stream and pond. On June 23, 2011,DWQ issued a Notice of Violation and
Recommendation for Enforcment(NOV),however,this document was unclaimed. On September 7,2011,
DWQ sent the NOV via first class mail. DWQ has not received any response or correspondence to the
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOPthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �aturRll�
Internet: www.ncwaterquality.org
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 26, 2012
Macon County Sheriff's Department
Attn: Civil Process Division
5 West Main Street
Franklin,North Carolina 28734
SUBJECT: Service of Certified Letter r
To Whom It May Concern:
The enclosed certified letter needs to be served to the following individual:
Mr. Michael Otto Hesselbirg
55 Beacon Hill Road
Franklin,North Carolina 28734
The certified letter is a Notice of Continuing Violation and Recommendation for
Enforcement package concerning a violation of the North Carolina Division of Water
Ouality's Stream Standards pertaining to land disturbing activities resulting in sedimentation
impacts affecting tributary to North Fork Coweeta Creek.
Once-the letter has been served,please return the green card,signed and dated by Mr.
Hesselbirg, and the completed Return of Service letter in the enclosed self-addressed/stamped
envelope. The fee of$30.00, check#2410875, for this service was sent to your office in
advance.
Since
Y, vin Barnett, Environmental Specialist
Surface Water Protection Section
Asheville Regional Office
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOCthCarolina
Internet: www,ncwaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the day of
2012, and together with the document(s) was served as follows:
On the day of 52012, at the following place:
(Fill in the address where the document was delivered)
and was delivered to Mr. Michael Otto Hesselbirg personally.
If not served on the named individual, please state reason:
Fee $ 30.00 , Sheriff
Paid $ 30.00, Check#2410875, sent in advance to the Macon County Sheriff s Department
By: NCDENR Controller's Office
Date
Thank you for your time and should you'Ihave any questions,please contact me, Kevin
Barnett, at(828) 296-4500.
Please return this form to: Re: Michael Otto Hesselbirg
Surface Water Protection Section Macon County,NC
NC Division of Water Quality
2090 US Highway 70
Swannanoa,North Carolina 28778
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623 6748 NOrthCarolina
Internet: www.ncwaterquality.org Naturally
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 28, 2012
Larry Callicutt
Town of Bryson City
PO Box 726
Bryson City NC 28713
SUBJECT: Compliance Evaluation Inspection
Bryson City WWTP
Permit No: NCO026557
Swain County
Dear Mr. Callicut:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted at the subject facility on March 14, 2012. The facility
was found to be in Compliance with permit NC0026557.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff has any questions, please do not hesitate to contact me at
828-296-4500.
Sincerely,
Keith Hayrfes
Environmental Senior Specialist
Enclosure
cc: Everette Lamar Williams, ORC
Central Files
Asheville Files
S:\SWP\Swain\Wastewater\Municipal\Bryson City WWTP 26557\CEI3.14.12ietter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarollina
Phone:[phone]\FAX:[phone] Naturally
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 I N I 2 1 .51 31 NCO026557 111 121 12/03/14 117 181 C I 19I S I 20I_I
Remarks
21111111111111111111111111 IIII IIIIIIII 111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 701 ( 71 UI 72I N I 73 W 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
08:00 AM 12/03/14 07/11/01
Bryson City WWTP
US Hwy 19 W Exit Time/Date Permit Expiration Date
Bryson City NC 28713 10:00 AM 12/03/14 12/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
U/
Everette Lamar Williams/U
Everette Lamar Williams/ORC/828-498-2211/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Larry Callicutt,PO Box 726 Bryson City NC 28713//828-488-3335/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Flow Measurement Operations&Maintenance 0 Records/Reports 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
00/4
ARO WQ//828-296- 5
Keith Haynes
€, f
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 NC0026557 111 12I 12/03/14 117 18I CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Overall the plant appeared to be properly and adequately maintained. Continued effort in locating sources
of grease is recommended.
Page# 2

Permit: NCO026557 Owner-Facility: Bryson City WWTP
Inspection Date: 03/14/2012 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ n
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ (l n D
Judge,and other that are applicable?
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? 0 0 n
Is flow meter calibrated annually? N n 0 0
Is the flow meter operational? ■ 0 0
(If units are separated)Does the chart recorder match the flow meter? ❑ ❑ ■
Comment:
Pump Station-Influent Yes No NA NE
Is the pump wet well free of bypass lines or structures? n 0 n
Is the wet well free of excessive grease? ® n ❑ n
Are all pumps present? ❑ ❑
Are all pumps operable? 0000
Are float controls operable? n ❑ 0
Is SCADA telemetry available and operational? ® ❑ [I 0
Is audible and visual alarm available and operational? ® Cl n ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical 0
Are the bars adequately screening debris? ® ❑ 0 n
Is the screen free of excessive debris? ® 0 n 0
Is disposal of screening in compliance? ® Q ❑ n
Is the unit in good condition? ® ❑
Comment: The current barscreens are temporary until the new screens can be
installed.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® ❑ ❑ Cl
Page# 3

Permit: NCO026557 Owner-Facility: Bryson City WWTP
Inspection Date: 03/14/2012 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n 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
Is the site free of excessive floating sludge? ■ Cl n n
Is the drive unit operational? ■ n n n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately''/of the sidewall depth) ■ n n n
Comment: Two plants so clarifier for each.
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 ■
Are the diffusers operational? ■ n 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? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/I) f_I n n ■
Comment:
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ■ n ❑ n
(Sodium Hypochlorite) Is pump feed system operational? ■ n n n
Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ n n n
Is the level of chlorine residual acceptable? n n n ■
Is the contact chamber free of growth,or sludge buildup? n ■ n n
Is there chlorine residual prior to de-chlorination? ■ n n n \
Page# 4

Permit: NC0026557 Owner-Facility: Bryson City WWTP
Inspection Date: 03/14/2012 Inspection Type: Compliance Evaluation
Disinfection-Liquid Yes No NA NE
Comment: There was a small amount of grease on the surface.
De-chlorination Yes No NA NE
Type of system? Liquid
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n
Is storage appropriate for cylinders? ■ n n n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Are the tablets the proper size and type? n n ■ n
Comment: Calcium Thiosulfate feed ratio is 2 to 1
Are tablet de-chlorinators operational? n n ■ n
Number of tubes in use? 0
Comment:
Solids Handling Equipment Yes No NA NE
Is the equipment operational? ■ n n n
Is the chemical feed equipment operational? n n ■ n
Is storage adequate? ■ In n n
Is the site free of high level of solids in filtrate from filter presses or vacuum filters? ■ n n n
Is the site free of sludge buildup on belts and/or rollers of filter press? ■ n n n
Is the site free of excessive moisture in belt filter press sludge cake? n n n ■
The facility has an approved sludge management plan? ■ n n n
Comment: A new building for the press is to be built soon.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Page# 5

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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
March 29,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-Bridge 419
US Highway 19-23-74
TIP No.B-3656
Haywood County
Dear Mr. Setzer:
On March 15,2012, I inspected the construction work at the new bridge site on US Highway 19-23-74 in
Haywood County. Most of the bents for the new bridge have been completed.
Please continue to 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: Mitchell Bishop,P.E.
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setter)B-3656 Inspection Letter March 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] T�TOne+L,
Internet:www.ncwaterguality.org NorthCarohna
An Equal Opportunity!Affirmative Action Employer ;Vaturalllf

Wetland Inspection Report
Project Num: 20100745 Version: 1 Status: Withdrawn
Project Name: NCDOT-Bridge No.419 on US 13/23/74 Project Type: Replace bridge with bridge
County: Haywood Region: Asheville
Location: NCDOT-Bridge No.419 on US 13/23/74
Latitude: +35°31'54" Longitude: -82°50'32"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 03/15/2012
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: 0 Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
The project site appeared to be in good condition.
New bridge bents have almost been completed.
Please ensure that all stormwater paper work is maintained and is up to date.
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: The project appeard to be in good condition.
New bents have almost been completed.
�i�1II
J
Page: 1

YY�NAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 29, 2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NCSR 1112
Chambers Farm Road
TIP No.B-3187
Macon County
Dear Mr. Setzer:
On March 15,2012, I inspected the construction work for the new bridge over the West Fork Pigeon River on
NCSR 1112(Chambers Farm Road)in Haywood County. Construction includes grading in preparation of
bridge construction. Sediment and erosion control structures appear to be maintained and working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
—' performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
i
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,PE
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1112(Chambers Farm Road)hispection Letter March 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterauality.org NorthCarolina
An Equal Opportunity!Affirmative Action Employer a i=��l�f

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Site Inspection Report
Site Number: WT000188
Site Name: B-3187 NCSR 1112 Chambers Farm Road
Site Address:
County: Haywood Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT-Division 14
Inspection Date: 03/15/12
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:
0 Permit(401 WQC)
Inspection Summary:
Inspected construction areas of project.
Construction is underway on realigning existing roadways on both sides of river.
Bridge construction has not started.
Sediment and erosion control structures are operating properly.
Page: 1

Site Number: WT000188 Owner: NCDOT-Division 14
Inspection Date: 03/15/12 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? ■ 0 ❑ n
Are the culverts and/or filled areas installed properly? ■ 0 0
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ ❑ 0 0
Comment: Inspected construction work for B-3187 NCSR 1112 Chambers Farm Road.
Sediment and erosion control structures appear to be operationg properly. There was
no evidence of any sediment leaving site.
Construction activities consist of realignment of existing roadways. Bridge construction
has not started.
Page: 2

NCDE NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
March 29, 2012
Andrew G. Bradley,Affairs Environmental VP
Unimin Corporation
258 Elm Street
New Canaan, CT 06840
Subject: NOTICE OF VIOLATION
NOV-2012-DV-0069
Permit No.NC0000175
Quartz/Feldspar Facility
Mitchell County
Dear Mr. Bradley:
A review has been conducted of Unimin Quartz Operation's wastewater overflow 5-Day Report submitted
by Unimin Corporation. This review has shown the subject facility to be in violation of the requirements
found in Permit NC0000175 and/or G.S. 143-215.1(a)(1). The violation(s)that occurred are summarized
below.
Area Violation Date Description Violation Type
Wastewater Overflow 02/21/2012 Wastewater Overflow Discharge
57,600 Gallons Without Valid
Permit
Remedial actions as described in Unimin's response letter dated February 24,2012 should be taken to
prevent a reoccurrence of this event.Please notify this office as these installations occur at the facility.
Your cooperation in this matter is greatly appreciated. If you should have any questions,please do not
hesitate to contact Jeff Menzel at 828-296-4658.
Sincerely, �, K
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Steve Wilson,ORC-Quartz/Feldspar Facility
ARO File copy
DWQ Central Files
PERCS Units
S:\SWP\Mitchell\Wastewater\lndustrial\Unimin Quartz Feldspar 00175\NOV-2012-DV-0069.3.28.12.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone] NOI'ChCarOlina
Internet:www.ncwateraualitV.org ;Vatuidil&

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
_.3everly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
March 29, 2012
Mr. Keith Rudman
1412 W. Lexington St.
Chicago, IL 60607
Subject: 401 Water Quality Certification—Approval (Corrected Copy)
Bear Lake Heaven, LLC - Peninsula
DWQ Project# 12-0282
Jackson County
LTN/Bear Creek Lake (Tuckaseegee River)/2-79-(5.5)/WS-III, B, Tr
Dear Mr. Rudman:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
9pproval has been granted to place fill within or otherwise impact approximately 0.16 acres of waters above
,all pool and 0.19 acres below full pool [approximately 1400 linear feet of shoreline] 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 3885. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Jackson County Erosion and Sediment Control,
Water Supply Watershed, and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
NorthCarol111a
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
AMWAY

Mr.Rudman
March 29,2012
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters Appx. 0.16 acres above Application
full pool
Appx. 0.19 acres below
full pool
[appx. 1400 linear feet]
No impacts have been approved without US Army Corp of Engineer approval.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings;,6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4665.
Sincerely, -
,r.
Charles Wakild, P.E., Director
CW/saw
cc: Tyler Crumbley- USACE Asheville Regulatory Field Office
Ian McMillan- WBSCPU
Robert Shelton- Jackson County Planning
William Owen—Owen Grading
Lisa Leatherman—Duke Energy Lake Services
ARO File Copy
S:\SWP\Jackson\401s\Non-DOT\Bear Lake Heaven Peninsula\APRVL.Bear Lake Heaven Peninsula Corrected copy.3
2012.doc

Xx
A'riA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 30, 2012
Kevin McCutcheon
Germany(E-copy sent)
Marine Construction Company
Tony Gaines
3457 Yorkland Drive
Hickory,NC 28601
Subject: 401 Water Quality Certification -Approval
Kevin McCutcheon, Lot 26
DWQ Project# 12-0105
Caldwell County
CTB /Lake Hickory/ l l-(53) WS-IV CA
Dear Mr. McCutcheon and Mr. Gaines:
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 0.020 acres of open waters (162 linear feet)
for the purpose of shoreline stabilization, and 0.06 acres of buffer for the purpose of construction access, at the
subject property. This approval requires you to follow the conditions listed in the attached Certification
and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General 30 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to)Erosion and Sediment Control and Catawba Buffer
regulations. Please refer to 15A NCAC 02B.0243 (6) Temporary Roads for requirements, as well as, 15A
NCAC 02B.0243 (5) for Diffuse Flow requirements.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarollna
An Equal Opportunity 1 Affirmative Action Employer
Naturally

Kevin McCutcheon/Tony Gaines
March 30,2012
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters below lake 0.009 (acres) #7
level
Waters above lake 0.011 (acres) #8.a.
level
Buffer 0.06 (acres) #8.a.
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 you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Charles Wakild, P.E., Director
CW/lsw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
Duke Energy-Wade Harmon
S:\SWP\Caldwell\401s\Non-DOT\McCutcheon K,Lot26\ARPL.KMcCutcheonMarch 2012.doc

{
NCDERORm
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
March 30, 2012
Jackson County
NC PFH 102-1(2)
TIP B-4472
DWQ Project 20120283
NC SR 1737(Caney Fork Road)
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 Caney Fork Creek,
_.i for the purpose of replacing Bridge No. 80 on NCSR 1737(Caney Fork Road) in Jackson County:
Stream Im acts in the Little Tennessee 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)
Zone 1 0 0 185 210 395 0
Zone 2 0 225 0 240 465 0
Total 0 225 185 450 860 1 0
Total Permanent Stream Impacts for Project: 185 lin.ft. Total Temporary Stream Impacts for Project: 450 linear ft.
Total Bank Stabilization for Project: 225 lin.ft.
The project should be constructed in accordance with your application dated March 15, 2012 (received March 16, 2012),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Nos. 3687 and 3689, corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Numbers 3 and 13. 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 NorthCar�lina
Phone:[phone]M FAX:[phone] Internet: www,ncwaterquality.org
An Equal Opportunity;Affirmative Action Employer

Mr.Kevin Rose
March 30, 2012
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, an%'-�,
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Contro�__
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. The Federal Highway Administration will need to adhere to all appropriate in-water work moratoria
prescribed by the North Carolina Wildlife Resources Commission.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr),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
(WS-I,WS-II, ORW,HQW,Tr-pick applicable)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,

Mr. Kevin Rose
March 30, 2012
Page Three
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. Demolition and Removal of the old bridge structures must follow US Army Corps of Engineers requirements.
10. 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.
11. 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.
12. 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.
13. 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.
14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
15. 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.
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.
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.

Mr.Kevin Rose
March 30,2012
Page Four
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 o�J
discovery.
33. 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.

Mr.Kevin Rose
March 30,2012
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
Attachments Division of Water Quality
cc: Lori Beckwith, USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
J
120283(Rose)B-54472 NCSR 1737(Caney Fork Road)

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i
f_.,,

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves Perdue Charles Wakild, P.E.
Governor Director Dee Freeman
Secretary
March 30, 2012
Jeffrey McCutcheon
50 Logan
Irving, Ca 92620
Marine Construction Company
Tony Gaines
3457 Yorkland Drive
Hickory,NC 28601
Subject: 401 Water Quality Certification -Approval
Jeffrey McCutcheon, Lot 29
DWQ Project# 12-0104
Caldwell County
CTB /Lake Hickory/ 11-(53) WS-IV CA
Dear Mr. McCutcheon and Mr. Gaines:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above. pp
Approval has been granted to place fill within or otherwise impact 0.013 acres of open waters (115 linear feet)
for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General 30 when issued by the US Army Corps of Engineers(USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Erosion and Sediment Control and Catawba Buffer
regulations. The construction pathway is less than 2,500 square feet, refer to 15A NCAC 0213.0243 (6)
Temporary Roads for requirements.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location:2090 US,Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
Internet:www.ncwaterquality.org N0r/thCa.rolina.
An Equal Opportunity 1 Affirmative Action Employer j�d�Z&iii4

I 1 i
Jeff McCutcheon/Tony Gaines
March 30,2012
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters below lake 0.005 (acres) #7
level
Waters above lake 0.008 (acres) #8.a.
level
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. \
If you do not accept any of the conditions of this Certification you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Iz `�,
111/7-K
Charles Wakild, P.E., Director
CW l[sw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
Duke Energy-Wade Harmon
S:\SWP\Caldwell\401s\Non-DOT\McCutcheon J,Lot 29\ARPL.JMcCutcheonMarch 2012.doc