DWR SWP Read File Archive June 2009

"Y-IrTVA
A*'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
June 1, 2009
Troy Muse
Muse 23/74 West, LLC
Post Office Box 716
Clyde, North Carolina
Subject: Plan Approval
Peddler's Square
Haywood County
Dear Mr. Muse:
The DWQ has completed the review of your plan associated with the subject project listed above. Approval has been
granted to place fill within or otherwise impact waters for the purpose of commercial development at the subject property.
This approval is for the purpose and design that you described in your plan. If you change your project,you must notify
us and may be required to submit a new plan.
1. All work shall be completed on, or before close of business, August 1,2009.
2. The work shall be monitored at the completion of the proposed work and as-built drawings developed. This shall
be submitted in report form to the Asheville Regional Office within 30 calendar days of completion of the work.
3. No work shall be performed (installation nor repair/maintenance/modifications) during the trout moratorium
(October 15 through April 15).
This letter completes the review of your plan by the Division of Water Quality. If you have any questions, please contact
Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
feIY/see, v -- ----------
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
GAWPDATA\DEM WQ\Haywood\401 s\Muse.PeddlersSquare.planapproval.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOrthCarollna
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity\Affirmative Action Employer

,� -
j,
__

i ®yo
T
NCDENR
North Carolina department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 1, 2009
Glen Frank
Wilderness Creek Falls
20019 Highway 64 West
Murphy, North Carolina 28906
Subject: 401 Water Quality Certification - Approval
Wilderness Creek Falls
DWQ Project# 08-1287 Version 2 - Modification
Cherokee County
HIW02 1-93-1 GOISE5 Class C
HIW02 1-92 GO SE8 Class C
Dear Mr. Frank:
The DWQ has completed the review of your 401 Water Quality Certification modification
application associated with the subject project listed above.
Approval has been granted to place fill within 300 linear feet of streams, 0.0772 acres of
wetlands and the restoration of 1,356 linear feet of streams for the purpose of residential
development along your 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 3705. This
Certification allows you to use Regional General Permit 29 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 General 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) Stormwater, 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
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 110
Phone:[phone] FAX:[phone] ��
Customer Service:1-877-623-6748 Oise Cal®1111
Internet:www.ncwaterquality.org Nor �1"��j�
An Equal Opportunity`.Affirmative Action Employer at62

Glen Frank
June 1,2009
Page 2 of 4
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
Streams 20 (linear feet) Plan Impact# 3
Streams 10 (linear feet) Plan Impact# 4
Streams 30 (linear feet) Plan Impact# 5
Streams 10 (linear feet) Plan Impact # 7
Streams 20 (linear feet) Plan Impact # 11
Streams 30 (linear feet) Plan Impact # 12
Streams 15 (linear feet) Plan Impact# 14
Streams 10 (linear feet) Plan Impact# 17
Streams 5 (linear feet) Plan Impact# 27
Streams 20 (linear feet) Plan Impact# 28
Streams 40 (linear feet) Plan Impact# 29
Streams 10 (linear feet) Plan Impact# 30
Wetlands 0.0022 (Acres) Plan Impact#18
Wetlands 0.006 (Acres) Plan Impact# 19
Wetlands 0.069 (Acres) Plan Impact# 26
1. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the NC Ecosystem Enhancement Program
(EEP) to meet a porton of the required mitigation requirement. This has been determined
by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR—Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The
EEP should be contacted at(919) 733-5205 if you have any questions concerning
payment into a restoration fund. You have 60 days from the date of this approval to
make this payment.
Compensatory River and Sub-basin
Mitigation Number
Required
Stream 784 (feet) Hiawassee (HIW02)

,en Prank
June 1,2009
Page 3 of 4
2. Impervious Surface Thresholds
You have indicated an impervious surface a1 °a of less than 20% in the PCN Application
dated October 27, 2008 and approved by this written 401 Water Quality Certifcaiion.
You are reminded that if a compliance inspection determines that you have triggered
Condition No. 12 in GC No. 3705, you will be required to develop, submit for DWQ
approval, and implement Stormwater Management Plans. The stormwater management
plan must include construction plans, specifications, stormwater BMP worksheets, and
supporting calculations. The stormwater best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual.
3. Turbidity Standard
The turbidity standard of 50 NTUs (I\iephelometric 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.
4. The water release structure for the impoundment to remain in place must be designed for
mid-column release during normal flows and during low flow conditions it must also
provide for low flow release to the downstream channel.
Performance Thresholds:
1. Within 30 days of issuance of this Certification, dewatering of the two impoundments
slated for stream restoration shall be accomplished from the surface via a skimmer or
pump down. The discharge of either drawdown procedure shall not destabilize the
downstream stream segment, and shall be discharged at non-erosive velocities. All
drawdown shall be completed prior to August 30, 2009.
2. Prior to August 30, 2009, both impoundments slated for removal will be breached and all
spoils carried off to high ground with appropriate measures to control erosion.
3. Prior to September 30, 2009, stream restoration shall begin. Within 100 days of issuance
of this Certification, stream restoration shall be complete, and buffer replanting shall
begin. Necessary steps such as regular watering and fertilization shall be performed on
all planted material. Plantings shall be in accordance with the Guidelines for Rigarian
Buffer Restoration (attached).
4. On, or before, June 30, 2009, you shall submit as-built surveys of all restoration reaches
(including the reclaimed mine area); including, photo documentation and survey
reference points. Annually, for a period of five (5) years, these reference points shall be
resurveyed and photographed, and a report submitted by August 1 of each consecutive
year, documenting the status and stability of the restored reaches of stream, and include a
narrative description of any necessary maintenance work required.

Glen Frank
June 1,2009
Page 4 of 4
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 828-296-4500.
Sincerely,
r �
-� Coleen H. Sullins, Director
CHSIkhb
cc: USACE Asheville Regulatory Field Office
Wildlife Resources Commission—David McHenry
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Cherokee\401 s\WiIdernessCreekFalIS\08-1287.Ver2_Approval.Mod iti cat ion.doc

MEMO TO: Elizabeth Kountis
FROM: Roy Davis
DATE: June 1, 2009
SUBJCT: Lake Adger
Proposed Use as Raw Water for Public Water Supply
Broad River Basin
Henderson/Polk Counties
This is prepared in response to questions raised in your May 8, 2009 E-
mail to Roger Edwards relating to the request to reclassify the Green River above
the Lake Adger dam to WSIII. I will go ahead and mention that the Green River
is also impounded by Duke Power's Lake Summit dam which is located above
Lake Adger.
You asked about existing NPDES wastewater discharges. You mentioned
NCG020133 (BV He( ick-Green River Quarry), NC0078697 (Six Oaks Complex),
NCG550309(L.M. Arr . t, Jr., single family residence), and NCG500110 (Duke
Power-Tuxedo Hydro). 1-hese represent the known dischargers to the Green
River basin upstrearn of the Lake Adger dam. Six Oaks is authorized to
discharge treated wastewater to the headwaters of Lake Summit. This treatment
facility is yet to he built. B.V. Hedrick plans to expand the quarry and begin stone
washing operations in response to market demands. Given that wash water will
be recycled, this should in no way preclude the use of the water shed as a
source of raw water for a public water supply.
Mr. Arnett's is the only single family residence treatment permit above
Lake Adger dam.
The water shed is primarily forested with some agriculture taking place on
the river bottom land. Individual homes are found in many parts of the water
shed. A cluster of homes are to be found around the periphery of Lake Summit.
A large housing development is taking place around Lake Adger on land recently
turned loose by Duke Power. You can see this development on Google Earth.
I am aware of no one contemplating requesting a new NPDES for a
wastewater discharge to the water shed.
You asked whether anyone would have concern about the proposed
reclassification. I seem to remember concerns voiced by residents of the upper
part of the water shed; maybe when we went to public notice and hearing
regarding the assignment of the HQW supplemental classification to the upper
reaches of the River. Since writing this I received a voice mail message from
Mark Dearwalt (my spelling), 828-606-9425, representing the Green River

Community Association in which he said that his community was "up in arms"
and asking that someone come to speak to the Association members regarding
this proposed reclassification.
It is my opinion that the Green River as impounded in Lake Adger would
be satisfactory for use as a source of raw water for a public water supply.
Attached is a map done by Chuck Cranford showing the water shed, location of
permitted facilities and other features. Chuck Cranford, Keith Haynes, Wanda
Frazier and Janet Cantwell contributed to the information contained in this
memorandum.
Xc: Roger Edwards
Chuck Cranford
G:\WPDATA\DEMWQ\TXTRMD\Lake Adger.doc

O p r(D
s
m o °m
a
C.
v c7
00 `� n
.a v
e �V� CD
r
D p v' m �✓n CD
O (n
-+, --a O o
w �ry
C ~ 13 N
C.
fV CD
COCD
CD
CD
r
1 c�
�1� ,
_ l
s
C(D o
ti
csi
o Z
,

i
/�`�,,
��
,�,,

fi
••
NCDENR
North Carolina department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 1, 2009
MEMORANDUM
To: John Dorney, Supervisor
Program and Policy Development Unit
Brian Wrenn, Supervisor
Transportation Permitting Unit
Through: Roger Edwards, Supervisor f
Surface Water Protection Unit
Asheville Regional Office
From: Michael R. Parker
Environmental Senior Specialist
Asheville Regional Office
Subject: Corps of Engineers Stream Call
Thomas Property
Madison County
I was advised of a situation in the last few weeks concerning the filling (piping) of a stream adjacent to the
widening of US Highway 19 in Madison County. Representatives of the NC Department of Transportation
(NCDOT) advised me that Taylor and Murphy Construction Company, Inc, was planning to pipe approximately
230 linear feet of a stream on the property of Mr. and Mrs. David Thomas.
On May 5, 2009, Mr. Roger Bryan, NCDOT, Division 13, Environmental Officer looked at the stream, where
we found salamanders, caddisflies and a crayfish. This was a quick look at the stream but both Mr. Bryan and I
thought the stream was perennial. Mr. Bryan advised me that Mr. Thomas had hired Baker Engineering to
evaluate this stream (UT1) and another stream (UT2) on the property and that a representative of Baker
Engineering had submitted information [Attachment A] to the US Army Corps of Engineers (USACE) stating
that the stream was ephemeral. Mr. Bryan also indicated that a representative of the USACE, Asheville Field
Office, had made a final jurisdictional determination that the stream was ephemeral (Attachment B1.
On return to the Asheville Regional Office, I contacted Ms. Liz Hair, USACE, and discussed with her what I
had observed and found in the stream. As a note for clarity, we are only concerned with UT Ms. Hair
indicated that the representative from Baker Engineering had a stream rating of 7.75 and found no
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa.NC 28778-8211
(gnu, :3231 2"3 4500 FAX.32"209�n 3
I������V.V V"LJV-' J 111 t1/\ V" J:1"!V`tJ One
Customer Service:1'-877-623-6748
Internet:www.ncwaterguality.org North Carolina
lltlll",�Cly
An Equal Opportunity`•,Affirmative Action Employer

John Dorney Memo
June 1, 2009
Page Two
macrobenthos, fish, amphibians, crayfish or other live animals in the stream. Ms. Hair said that she would have
to discuss my findings with the Asheville Field Office, Supervisor, Mr. Scott Jones.
On May 18, 2009, Mr. David Baker, USAGE called and advised that he had discussed the situation with Ms.
Hair and wanted to discuss my findings. I explained to Mr. Baker what I had found during my initial
investigation. Mr. Baker said lie would review the file and get back with me. Mr. Baker indicated that we
might need to have a meeting on site to discuss the situation. After a week or so I had not heard from Mr. Baker
and decided to go to the stream and make a formal stream evaluation. On May 21, 2009, Ms. Kathy Tyndall,
Environmental Specialist, SWP, Asheville Regional Office, went to the site and conducted a formal stream
evaluation. Ms. Tyndall used a sweep net and both of us visually inspected the stream for signs of life. The
results of the biological evaluation are included as attachment 3. The stream evaluation form was also
completed by Ms. Tyndall and myself and we rated the stream at 25.5. See Attachment C. Pictures of the
stream were also taken and they are included as Attachment D.
When I returned to the office, I contacted Mr. David Baker by telephone and advised him of my findings. He
asked if he could have copies and I took copies the rating form and pictures to the USACE Asheville Field
Office. Mr. Baker and I discussed the findings and he indicated that he did not know what the COE would do
since a formal jurisdictional determination (JD) had already been made.
Mr. Baker and Mr. Steve Chapan, USACE, went to the site on May 22, 2009, to look at the stream and
completed a stream evaluation form. They rated the stream as 21. See Attachment E.
On May 26, 2009, 1 went to the USACE Field Office and met with Mr. Baker and discussed his findings and he
indicated that neither he nor Mr. Chapan had found any stream life in the area that is proposed for fill. Mr.
Baker gave me copies of the Baker Engineering submittal )Attachment Al and of the USACE stream
evaluation form for UT 1.
On May 28, 2009, Mr. Baker sent an email message to Mr. Ricky Tipton, District Engineer, NC Department of
Transportation, [Attachment F1, stating that Mr. and Mrs. Thomas had agreed to reduce the amount of piping
from the original proposal by approximately 30 to 40 feet but that the May 4, 2009 Notification of Jurisdictional
Determination remains in effect.
When I looked at the project on June 1, 2009, the stream had been filled.
The stream in question is an unnamed tributary to Ivy Gap Branch and is classified as WS-11 waters. As you
can see based on my evaluation the stream should have been classified as perennial and not as an ephemeral.
The USACE did not look at the stream until they had made a jurisdictional determination.
If the Division of Water Quality does not have authority to make stream determination calls, we are going to
continue to loose streams.
Any help you can you can provide to help correct this type of situation would be greatly appreciated.
\_J
cc: Miike Purifier, ADO

ATTACHMENT "A"
E Nfichaei Baker Engineering, lace
\!� 797 Haywood Road
Suite 201
J Asheville, North Carolina 28806
February 24,2009 828-350-1408FAX [phone]
Asheville Regulatory Field Office
US Army Corps of Engineers
ttr ` 1 Attn: Ms. Amanda Jones
151 Patton Avenue, Room 208
Asheville,NC 28801-5006
Subject: Request for USACE review and approval of jurisdictional determination for two unnamed
tributaries to Ivy Gap Branch, French Broad River Basin—CU#06010105, Madison County,
NC.
Dear Ms. Jones:
Enclosed with this letter are jurisdiction forms and other pertinent information that are being submitted
for review on behalf of Mr. and Mrs. David Thomas of Mars Hill,North Carolina. We are providing this
information for your agency's determination of jurisdiction over segments of the aforementioned
tributaries relative to the Clean Water Act.
Mr. and Mrs. David Thomas of 5684 U.S.Highway 19, Mars Hill,NC 28754, would like to place fill on a
steeply sloping field that they presently use for agricultural purposes. The North Carolina Department of
Transportation(NCDOT) is conducting a road widening project on U.S. Highway 19 approximately nine
miles northeast of Mars Hill in Madison County and adjacent to the Thomas's property. Mr. and Mrs.
Thomas have requested that the contractor for NCDOT place excess soil from the road construction
project in the field on their property. Their purpose is to level this field so that it better serves their
agricultural needs.
The NCDOT previously received a permit for the placement of fill in UTI to its current right-of-way on
the Thomas property,just downstream(less than 20 feet) from the confluence of UTI and UT2. In order
for the Thomas' to have fill placed on their property, the field where UTI is located would be filled
including placing a pipe in the channel and filling UTI within the field. An additional tributary,UT2, is
located adjacent to the field and would also be filled to a lesser degree. While the valley of UTI appears
to be natural, UT2 has been dredged and possibly moved some time in the past. UTI and UT2 are small,
first order tributaries to Ivy Gap Branch, a small stream that flows south beside U.S. Highway 19 to the
Middle Fork of Little Ivy Creek. Ivy Gap Branch is located in a water supply watershed according to the
N.C. Division of Water Quality(NCDWQ).
Stream identification forms developed by the NCDWQ were used to assess the stream characteristics of
UTI and UT2 where filling is proposed. We have found these tributaries to be ephemeral within the
review area of this jurisdictional determination request. UTI currently functions as a grassy swale which
conveys stormwater flow from the field and the forested watershed upslope. UT2 is also likely to carry
overland flow from precipitation although the channel did not show evidence of hydrology despite a 0.24
inch precipitation event within 24 hours of a site visit. The attached jurisdictional determination forms,
stream identification forms and photographs taken of the site should provide the information needed to
evaluate this request. We are also available to meet with you to further discuss the project, if needed.

Little ivy Greek Watershed
Watershed Area:46.39 Sq.
i 1 —
r •i+ 31i ti — 'L I h o--`� r ��- '
_ a � �®°� �'�f I s - '' I I 1 �i �"'- {F` ' ' � I`i. f ,: - � � ..�dC ,•. �� I r,`r t fl �
_ •'. �� � 7 ., I •4'al [i 8 r t � 5--' �...��.,02,�� -t , - y t �i't F t
t
t.� NCDOT Right-of-way stake
(end of review area) t w �._ '
ICI 11111r
i� U`12(not shown on USGS topo map)
C 1
fl Y r
4.. 4�. \ � - •-J [ --✓I � r 1. I�.'�I I Isla-� ...,_��'s � -�• ;
�� �t',y({y s I 1 �' �'I I --�-• ! � ,I � /_ �� � I t 1i f Jt� _ -�$•¢�y�.'6°'rraa_I tt -
�4,_.-ty •�ti t t f Y l y ` ` �� — I �l :_[ i \1 _.h'i
�;' k '� -.��; � ! �•.F F i I •.�•_� I-.,• -, .mac I��1_ �"J
'`�•� N— I� i� E 1 � 7; �•1 Fif ttr7 �� ZI Y I I I . II
e r 4Y Ir UT r` i
,•vx 4 f •t'-�.-. `i I r I {r,��J`[�R-y��ill[: "_ 1 r#r s.�.' `t 11 ','� + -_' I I t I LL , , 1
x.'1s4,s. r t l (�� --.- J y t,f4'�},�. �• f 1 c tF�r r i 1 r r*i I 1 I I� 1 f r<' 1 I`f � I r ` i . a-` _ �'.I� ; .:
fi I "t � ,`'t I tea:.,, �q;, ' I �,•.•c ~... J F'71+ II '- "w.. iE f s � 4�a. 1 r r� F s 5 1 { I
t,i •.•,,�.�rF�`- y�= �F 1'Ir''� I C_� I � I [ Irr 1,. �+f ('�+ r'" E- ,- I�:I ' �. ,y � j` --
`_"� � � t Y"� `k'` � -1 S _ .l 4� � � I. \ - r^tw,^`� �4 ., f! I•1 I 1� �I_. r �. � f I � ��'I
r� J Ri a+ I I V •'� .y+t""" s ♦�r I 1t�,, : I i tea,, 51I
! Ifs 1� F; I�1 -�/ - J !�'� r 'r T [ - �I I.7 r-"� .' I �1 t t�.—_.�__ "t✓
14
t t •.�,.i ' s f 1 _ i t--!-- )IJ '' ' '' -t I j s 1 t t '�
I r t I S {
� �'. `:` � t��R'i 'i4 �" .f•r- f �la r ,�(f s 1'ti- f��r r� '�� — : �, 1 +
.r� }
° ,�1 ,� ' '� �� � t 5 ' `� - r5� I _ } �ti'4�` l �J.ct .�i �`k 1s,,o` ,�•` �� r y(,� t
_' —'.. °�,''^:, •�,� +I f � r } I sF t L \Y�t� � "�.l}ij� '""",�- t�`I �""• 9 � is L
�-.t f J i - +•�'`., b 5. .I r i �'d I l ,f wi } „. l IEEE I1 _� F t",,
' dc5 Ir J,r� 1 r! �� .-�+'•t,- �'1 r � I I ..a 1 �.}� i t t-.. ! 4
J '•. I 1 -••, � ' ! (k r � �.,r t'" -"F t t.[t II � � I y s t" � y.
n4. �! ' a 'i,�`,• ti-_��5k#,�� � '4 I 71-� i•� f._....�.. '� - 1 F r� Y'�„- ''/�� � `I ' .I��li ;S �. .r t I J x J I r+.+, .`;•ti' _ �:
i' ..'.r— 'y+�. t t• I,f�� t F
l� �. 1
ili � .y�F a .',''S , `_ '—� j! �Y ,� tl' — ''pit l I l � � �, � •�� r . .,�;yr�k�4'41�� f `\ �
LEGEND:
Figure 1 USGS Topographic Map
Streams (Bald Creek quadrangle)
Drainage area
Thomas Property
r Jurisdictional Determination
Madison County,NC
MENWOMMM 0 4D0 800 1,600 3'
Feet

4orth CarGURa Division of Water Quality Stream Identification Form. Version 3.1
Project:Aso D.¢E.
- _ .l :3rt fs5 I' 3 Latitude, 3S° S3` a•S" tom) _
Evaluator: , C iew,\0n< m� Site:Wr!- r-iEt-p Longitude. av ?-JP !-7'kit
'fotaP Points `7,75
Stream is at least intermittent County:M,401S�t„j ether
i >19 or erennial(f>30 e.g. Quad Name- s Z�
A. -omorphology (Subtotal= �_a � Absent Weald Moderate Strong
1 ntirluous bed and bank 0 1 2 _ 3
2. _` iuosity _0 1 2 3
3. In-channel structure:riffle i sequence 0 1 2 3
4. Soil texture or stream substr ink 0 1 2 3
5. Active/relic floodplain 0 2 -
6. Depositional bars or benches _ 1 2 -- 3
7. Braided channel --- CNR(CS
- - -- I 2 _--- 3
8. Recent alluvial deposits 1 23
9a. Natural levees 1 2 3
10.Headcuts 1 2 3
11. Grade controls 0.5 1 1.5
12.Natural valley or drainageway13. Second or greater order channel on existi Yes=3
map or other documented evidence. Zi
'Man-made ditches are not rated;see discussions in manual
B.Hydrology (Subtotal )
14. Groundwater flow/discharge 0 1 2 3
.5. Water in channel and>48.hrs since rain, or 0 2 3
Water in channel--dry or growing season
16.Leaf litter 1.5 1 0.5. 0
17. Sediment on plants or debris © 0.5 l 1.5
IS.Organic debris lines or piles(wrack lines) 0.5 1 1.5
19.H dric soils(redoximo hic features) resent? No Q. Yes= 1.5
C.Biology (Subtotal= S
20b. Fibrous roots in channel 3 2 1 0
2lb.Rooted plants in channel 3
22. Crayfish 0.5 1 1.5
23. Bivalves 1 2 3
24.Fish - 0.5 1 1.5
25.Amphibians V )7 0.5 1 1.5
26.Macrobenthos note diversi and abundance ( 0.5 1 1.5
27.Filamentous al ae;periphyton I 2 3
28. Iron oxidizing bacteria/fungus. 0.5
29 b. Wetland Plants in streambed FAC=0.5 FACW .7 OBL=1.5 SAV=2.0 Other=0
b Items 20 and 21 focus on the presence of gland.plants. Item 29 focuses on the presence of aquatic or wetland plants.
No es:(use back of fonn for additional notes) {{ (( l ` Sketch:
iell
C fJt Wa 0, I o&` S A AA f"�l_ 1 �r�l©ot.0 156' CC��+�
-I�.L 4�5`kr2A'Yt O'C'�'A2 �i�a�ft'�^�5,1 t5 fi(a55G{} UNl2s5 SFt0gZ� �tt W���,',r.
RY i�.trt r�3Qr..:i4Gar f 6. �.�$ 4A -M'S£aif.Gs

�' ar
�41y,�'aa
' 'resstl �,ss, '4
L�3j� ti r �€ yx�o
, $h^a s s��'Ism,
.
/
at ��• .�•r•�,�� '�� i, >~� �c£�i'f�t" 'w,xCF,,t r .i�p t14�{1, �^,,4`�'r
,Lz�''1Tsy���,�,� i.,, 4¢,•�11s Xr s'� a'SW�d�'��t'�'f��y�,._. ;.
�J•t''l.,,Sy�i�'Sl.�`s`+,�_�� i.,'. r.�e+�ih'�tp�'�a';k'>
,.nt a`�'' r rs,.; '�srl'_. +tF
ty
• .r # _ 5 rF 1 -1
-a@e7z .r� �Jr `�' Yr�y'"•e., r i i L�„� ���,-,c�.,�a x1��t t �.a.��f��H,t"'�" 4,Se
'1IYd J . vr�y„g
�,,�

f:
Confluence of
UT1 and UT2.
x
* yam NCDOT Right-of
1 way stake ti IN
.m?S r 11
.yam -c•�..`4!r�� t ''sra it r �'�� r tir, �a � `'�•�.2'2w '`a
Photo 3: UT1 facing downstream(highway project in background).
�.at`' C. '�.^6-•n^a e- ,� f )Mi .c'+?� [t''tr d;� r'�r �✓ _ ,r
O •,`p�<��—i-lQ.1w �� SS,,'U ry�� try��WS.�. ��ir'� _ �,',
Photo Point 4. UT 1 looking upstream.

area marked by stake. L-
'�'u� -�• � Jam, "�`-.{�< iSs� �
"f Y K t ' �r.��• ' ,r, f
Photo Point 5. Facing downstream,project boundary marked by stake. Stake marks
NCDOT Right-of-way. Channel becomes intermittent somewhere
below this stake.

•Y•'..S' � _ f 4 1 y {
Little Ivry Creek Watershed
` HUG#06010105
VVatershed Area:46.39 Sq.
N Ot.,4j� r e1 +•`
— J I � Fy�y°'O- rr�I+ •� � 1 I � � i�`. �.� i�,.� _ •� I t I'', � +\ ..,,"�` �t["fir �.. �i�I r,'r I -- If(r ,�`�� j ,_
UY
' v Ii i � I L ct 4t`. F f i ; 4 ', •I'� I' i r> � ' �{ 14 r
+k t fie. 11sr51 / r i ( t I i t
I .+-,._ .- I� } � �� `l l 'Ir r\', '7 1 ! � t/I �� -wt.z�.• � .-_ •, II I=
NCOOT Right-of-way stake
(end of review area)
i�.} .�, rc,k r�"'�`\ �s r 1 I j I I ,�r � �'• 'f�i� I �'g�.' .-_ i},+j �`` I�'�"`---� --
-
�UT2(not shown on opo map) �.
USGS t
`6I,t
r�
L +! t k '.;'+k, � � t �"•a.e�,y�^� \, '. � t 1 j i;..,_-. � .. �t r g
4, �4r
[ U T1
`t L I I�',. ,�j i -,1�-' k �(I I /f r ill �• s r. � i t � _ �I
�' t ' }t ._ ! i ��l `�t.,4 V�-i r_•f �.j 1.. 1 r �f ;._ �I I I I - _ y �.l -�.
\+`�` r. ; _ _1 II I I ' �•�r t �rlE: I i I I 1 � I E,' I I I I/ � i J �.�`, R.r , `
t
E ill~', ^Y-Tr,�J r'!' �s n, .,.'''_"`` t ti 7.
� 1 !
r. [ { t vf� 1'1 ft`'i .4 � I l:• f '��.,✓ r I I•t� r C Itt I�`I F r .--� � i, i i
'j + f� �let'`��-s....if{ �� F�" I I f� F r `»f - (� - .-•,. +I r' 1 `` ter!� F II� ��t� it � t. _ l y �T r� �.,
4 i s
y: I •k.
,e i�
,`�•',� � �_+ l �tt �.�,'\..-'� ] f.-Jt C{�. �.� rl,�<� r.r �+ <`:a .i 1 t J � tt�I+ f fill
•.y{ i f /: -•+i,... .f r
}f rlrt } f 1 r,L 'r4, j J, > �{ f ''•I
k 5 i 1 ����t t � 1 {� _ �,.f' j J 41'� t rS }.1:�1�'�,,� �tY• -....,;� 'k� t' {�``�o..�+"�'$=P •� r ,(
A.
o
till 1•t•'. .,^�t•� � t!'f��� I1 4+y �1 i��lL 4fY I� 'tiJ]'4�� I it tl,+'t y\ 4'.�. ' 6 ::�1 ^�I �'�r i� I f� L. l.ti e
+§` F �''•t�` , t�a f+; (,f`..:- � �`�� I � t,�� t} `'�«•` I � •r�,f 4 �YS'\ S'+� .ti:,> Y '�•4,1 'cord„ ,�.._ ems.
•.�,es.�y t y �4 •P G>.--,1 t t L it { _( t tt� � I rl I. �1�'" ` � + � ��-f`I�� �J t,.,,;,� t
,.� � r i t:._t { �.•• Lr `f� I �i,,+, _ s s � I t \ s4 !� r, __ r ___ _ - -`
LEGEND: Figure 1 USGS Topographic Map
l —Streams (Bald Creek Quadrangle)
-' Drainage
Thomas Property
area
Jurisdictional Determination
a; --- ':: .fi �`.�.,•'� ..•. :t'wz �s 0 400 800 1,600 Madison County,NC
Feet
C 6 �

Forth-Carolina Division of Water Quality Stream Identification F'ocrha. Version 3.1
- Mateo Proect•ot E�`�tt A-s psop, Utitudea `
Evaluator: --^�� Site:vlz-Fwrs-tr t, Longitude. ,7> Z ' l � VV
-
Other
Stream is at least intermittent Cornntya A AVISO0 e.g. Qa aclNarnee Galt' 1'cee 1?
a >19 or erennaal i >3P
A.Geomorphology (Subtotal= ��-� Absent Weak Moderate Strong
1'. Continuous bed and bank _ 0 l 2 3
2. Sinuosity -�� 1 2 3
3. In-channel structure:riffle-pool sequence 00 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 __ 1 2 3
_6. Depositional bars or benches -- _ l 2 3
7. Braided channel _---_--------- - ( - 1 2 - 3
8. Recent alluvial deosits _ - 0 1 2 3
9'. Natural levees _ _ _ 1 2 3
10.Headcuts 0 1 2 3
11.Grade controls 0 0.5 1.5
12.Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing USGS or NRCS No 0 Yes=3
map or other documented evidence.
'Man-made ditches are not rated;see discussions in manual
B.Hydrology (Subtotal= 0 �)
14 Groundwater flow/discharge 1 2 3
.5.Water in channel and>48.hrs since rain, or
Water in channel-- or growingseason 1 2 3
16.Leaf litter 1.5 1 0.5
17. Sediment on plants or debris 0.5 1 1.5
18.Organic debris lines or piles (wrack lines) 0.5 1 1.5
19.Hydric soils(redoximorphic features)present? No=9 Yes= 1.5
C.Biology (Subtotal=_ .5 )
20b.Fibrous roots in channel 3 2 1 0
2lb.Rooted plants in channel _ 3 1 0
22.Crayfish 0.5 1 1.5
23,Bivalves 1 2 3
24.Fish 0.5 1 1.5
25.Amphibians 0.5 1 1.5
26.Macrobenthos(note diversity and abundance) _ 0.5 1 1.5
27. Filamentous algae;periphyton 0 1 2 3
28. Iron oxidizing bacteria/fungus. _ 0 1 0.5 1 1 1.5
29 b.Wetland plants in streambed FAC,L0.5 FACW=0.75 OBL=1.5 SAV=2.0 Other=0
b Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants.
Notes:(use back of form for additional notes) t Sketch:
( E `
s 4v 3Y•h£F� (1 ;. aa Vi�V - UQZ/� eXut�sa eR {v Q�li `, {tee. 1r

Thomas Property: UT2
Photo Log - Channel Conditions
1.
f:
Photo 1:Typical conditions of UT2 channel (facing upstream).

February 13, 2009
Ms. Loretta Beckwith, Project Manager
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Reference: Agent Authorization and Site Access Authorization
Jurisdictional Stream Determination
Mr. and Mrs. David'Thomas Property
5684 U.S. Highway 19E
Mars Hill,Madison County,North Carolina
Dear Ms. Beckwith:
As the property owner, I am hereby authorizing you and/or other employees of the U.S. Army
Corps of Engineers (USACE), Asheville Regulatory Field Office,to enter and inspect the above-
referenced project site. I understand that this site inspection will result in determination of the
jurisdictional status of the property's surface waters under the USACE Section 404/401
Regulatory Program.
Additionally, as the property owner, I hereby authorize Michael Baker Engineering, Inc. to act as
my authorized agent regarding submittal of a formal request for a stream determination on my
property.
Please contact me if you need additional information.
Sincerely,
. e
wner Sigma ure) (Print Name`
(Phone No. }
(Address)

North Carolina Division of Water Quality-Stream Identification Form; Version 3.1
Date: Project: " Latitude �j- 6,V,-'5 3
i )-2-' 0e "'_9z
Evaluator: Site: - Longitude:
Total Points: Other
Stream is at least intermittent �, County: � �` e.g.Quad Name: � -
if>_19 or erennial if>X
A. Geomorphology (Subtotal= [ l ) Absent Weak Moderate Strong
1'. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 2 3
3. In-channel structure:riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 1 2 3
6. Depositional bars or benches 0 2 3
7. Braided channel 0 2 3
8. Recent alluvial deposits 0 2 3
9 a Natural levees 0 1 2 3
10. Headcuts F� 2 3
11. Grade controls 0 0 1 1.5
12.Natural valley or drainageway 0 0.5
13.Second or greater order channel on existing
USGS or NRCS map or other documented No=0 Yes=3
evidence.
a Man-made ditches are not rated:see discussions in manual
B. Hydrology. Subtotal= •Si
14. Groundwater flow/discharge 0 1 2 3
15.Water in channel and>48 hrs since rain, or 0 1 Q 3
Water in channel-a or growing season
16. Leaflitter 1.5 1. 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18.Organic debris lines or piles(Wrack lines) 0 0. 1 1.5
19.Hydric soils(redoximorphic features)present? No=0
C. Biology (Subtotal= 3,5
20°.Fibrous roots in channel 3 0 1 0
21°.Rooted plants in channel 3 2 1 0
22.Crayfish 0 0.5 1 1.5
23.Bivalves 0 1 2 3
24.Fish 0 1 1.5
25.Amphibians V 0.5 1 1.5
26.Macrobenthos(note diversity and abundance) 0.5 1 1.5
27. Filamentous algae;periphyton 0 1 2 3
28.Iron oxidizing bacteria/fungus. 0 0.5 1 1.5
29°.Wetland plants in streambed FAC=0.5; FACW=0.75; OBL=1.5 SAV=2.0; Other=0
Items 20 and 21 focus on the presence of upland plants,Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)
v- �

North Carolina Division of Water Quality- Stream Identification Fora; 'version 3.1
Date: F°. _. "`;' Project € �� 1s ,. Latitude:
Evaluator: 444,x e �` Longitude:
Total P irlts: Other `',f / 'C
Stream is at least intermittent g°'� County eg. Quad Name.
if>_ 19 or pereonia!if>_3 .
;0 n n� _
A. Geornorphology (Subtotal - Absent Weak Moderate ;< Strong
1a. Continuous bed and bank 0 1 3
2. Sinuosity 0 3
3. In-channel structure: riffle-pool sequence 0 1 _ 3
4. Soil texture or stream substrate sorting 0 1 3
5. Active/relic floodplain 0 2 3
6. Depositional bars or benches 0 1 2 _ 3
7. Braided channel _ _ 2 3
8. Recent alluvial deposits 0 2 3
9 a Natural levees 1 2 3
10. Headcuts 1 2 3
11. Grade controls _ 0 0.5 1
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented No Yes=3
evidence.
a Man-made ditches are not rated;see discussions in manual
B. Hydrology (Subtotal = , _)
14. Groundwater flow/discharge 0 1 2 3
15.Water in channel and>48 hrs since rain, or 0 1 2 3
Water in channel--dry or growing season
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 1 1.5
18. Organic debris lines or piles(Wrack lines) 0 1 1.5
19. Hydric soils(redoximorphic features) present? No=0 Yes=
C. Biology (Subtotal = )
20b. Fibrous roots in channel _3 0
215. Rooted plants in channel 3 2 � 0
22. Crayfish 0 01 1 1.5
23. Bivalves -� _1_ 2 3
24. Fish 0 0.5 1 1.5
25.Amphibians 0 0.5 1 1.5
26. Macrobenthos(note diversity and abundance) 0 _ 0_.5 1.5
27. Filamentous algae; periphyton _ _0 2 3
28. Iron oxidizing bacteria/fungus. 0.5 1 1.5
29 b Wetland plants in streambed FAC=0.5; F_ACW=0.75; OBL= 1.5 SAV=2.0; Other
Items 20 and 21 focus on the presence of upland plants,Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)
C, Arc r

APPENDIX- Compari on Between Version 2.0 and 3.1 Scoring Forms.
VERSION! 2.0 FORM Veer �s 3.x Forms
Primary Field Indicators
I. Geomorphology _ -
1 Is there a riffle-pool sequence? _ _- In-channel structure: riffle-pool sequence
2) Is the USDA texture in streambed different from Soil texture-Substrate sorting
surrounding terrain? _ __ _ Renamed attribute
3 Are natural levees present? _ _9. Natural L.e_v_ees
4 Is the channel sinuous? 2. Sinuosity___
5 Is there an active or relic)floodplain present? 5. Active/relic floodplain
6 Is the channel braided? _7. Braided channel
7 Are recent alluvial_depositss esent? -- 8. Recent alluvial deposits
8 Is there a bankfull bench present? 6. Depositional bars or benches
9 Is a continuous bed&bank present? _ 1. Continuous bed and bank
10) Is a 2 order or greater channel(as indicated on topo 13. Second or greater order channel on existing
map and/or in field) present? USGS or NRCS ma
II. Hydrology
1 Is there a groundwater flow/discharge resent? 14. Groundwater flow/discharge
III. Biology
1 Are fibrous roots present in streambed? 20. Fibrous roots in channel
2 Are rooted plants present in streambed? 21. Rooted plants in channel
3) Is periphyton present? �27. Filamentous algae; periphyton
__ Version 2.0 items combined
4 Are bivalves resent? 23. Bivalves
Secondary Field Indicators ,
I.Geomorphology
1 Is there a head cut present in channel 10. Headcuts_
2 Is there a grade control point in channel 11. Grade_Control
3 Does topography indicate a natural draine way? - 12. Natural Vallev and drainageway
II. Hydrology
1 Is this ear's(or last's) leaf litter present in streambed? 16. Leaflitter
2 Is sediment on plants or debris) present 17. Sediment on plants
3 Are wrack lines resent? 18. Or anic debris lines or piles Wrack lines
4 Is water in channel and>48 hrs. since last known rain? 15. Water in channel and>48 hrs since rain. or
5) Is there water in channel during dry conditions or in Water in channel-dry or growing season
growing season? (Version 2.0 items combined)
6)Are hydric soils present in sides of channel(or in 19. Hydric soils(redoximorphic features)
headcut resent?
III. Biology -
1)Are fish present? 24. Fish
2 Are amphibians resent? 25. Am-hibians
3)Areaquatic turtles resent? DELETED No aquatic turtles ever scored
4 Are crayfish resent? 22. Cra fish
5 Are macrobenthos present? 26. Macrobenthos
6 Are iron oxidizing bacteria/fungus resent? 28. Iron oxidizing bacteria/fungus
7 Is filamentous algae present? *27. Filamentous algae; periphyton
8 Are Wetland Plants in Streambed? 29. Wetland plants in streambed

( ATTACHMENT "a "
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2009-00400 County: 111adison U.S.G.S.Quad: Bald Creek
NOTIFICATION OF JUMSDICTIONAL DETERA INATION
Property Owner/Agent: 1°✓1r. and Mrs.David Thomas
Address: 5684 US Highway 19
Mars Hill.NC 28754
Telephone No.:
Property description:
Size(acres) Nearest Town Mars Hill
Nearest Waterway Ivvv Creek River Basin French Broad
USGS HUC 06010105110020 Coordinates 35.8989 N/-82.4714 W
Location description The nroiect site is located at 5684 US Highway 19 Mars Hill in Madison County.North
Carolina.35.8989 N and-82.4714 W
Indicate Which of the FoIlo`ving,ADDIV:
A. Preliminary Determination
Based on preliminary information,there may be on the above described property. We strongly suggest you have this
property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered final,a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are on the above described property subject to the permit requirements of Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this determination may be
relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the on your property delineated. Due to the size of your property and/or our present
workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For more timely
delineation,you may wish to obtain a consultant. To be considered fmal,any delineation must be verified by the Corps.
The on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest
you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once
verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,
provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five
years.
- The have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below on Unless there is a change in the law or our published regulations,this determination may be relied
upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S.,to include wetlands, present on the above described property within the proposed
project area which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344).
Unless there is a change in the law or our published regulations,this determination may be relied upon for a period
not to exceed five years from the date of this notification.
1

Action Id.2009-00400
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program please contact Liz Hair at 828-271-7980.
C. Basis For Determination
The stream channels on the property are ephemeral and unnamed tributaries to Ivy Creek which flows into the French Broad
River and ultimately flows to the Gulf of Mexico.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination,you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification
of Appeal Process(NAP)fact sheet and request for appeal (RFA)form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
District Engineer,Wilmington Regulatory Program
Attn: Liz Hair,Project Manager
151 Patton Avenue,R;�om
Asheville,North Care' 8 s 0 1
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for
appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by July 4,2009. ,
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: _Liz Hair ,
Issue Date: May 4,2009 Expiration Date: May 4,2014
SURVEY PLATS,FIELD SKETCH, WETLAND DELINEATION FORMS,PROJECT PLANS,ETC.,MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
2

Y
"',t 4•,}+-.�i"'5��'£',7 >. x-$ `.�.s. ' ,.- ,y 3 �' .1 'Y. t r,�'+.a.-�.y r z 4} r �,,;.. -qgco u 's 1
.+' , t 'Y, t.t�
OTIFCTIDfi 0E �4 L
1- .1 naav �a
x
Tu.Ti�= P _
. � ,y.7�... �X 3F'= .. �..se. �4�;F i ,.;r`��-' a r:..�. r� _.,--'�..� '�-�-t=� :�,,,��.x�4"a�"y3"•r+r.�� d"-3 "'X-x ��5=" � b'�'F'c :.
I .
:� licant: Mro and Mrs. David Thomas File Number: 2009�00400 Date: May 4,2009
t�ached is: _ See Section below
INITLAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT(Standard Permit or Letter ofpermission) B
PERMIT DENLA-L C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTI3N I The f©Ilowang tdenfifies dour rights acid options Tegar,d�ng ate ad.mYiitstrai�ve appeal ofte:above
deczs�on_ Additional mformatton mad be found athttp/Iwww usace army niiU�etlfirietronslcw/cecwole or
Corps reuiatons at'33FR Part331
A: INITIAL PROFFERED PERMIT: You iiiay accept or object to the permit.
® ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of she LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and condition and approved juz� i.onal determinations associated with the permit.
® OBJECT: If you object to the permit(, : idard or LOJ of certain terms and conditions therein,you may request that the
permit be modified accordingly.You must complete Sectio : ::;I of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the
permit to address all of your concerns, (b)modify the permit to address some of your objections, or(c)not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
4

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps ,
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approv ed\
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new(
information for further consideration by the Corps to reevaluate the JD.
,SECTION
II REQUEST:FOR.APPEAL or QBTECTIOTS TO AEI„ tITILPROFFERED PERMIT=
_.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
1
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT.OF CONTACT FOR QLESTIQNS.OIA lNFO.RNIATION
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Liz Hair, Project Manager Mr. Michael F. Bell, Administrative Appeal Review `l
USACE, Asheville Regulatory Field Office Officer
151 Patton Ave CESAD-ET-CO-R
RM 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28806 60 Forsyth Street, Room 9M15
828-271-7980 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the oppomuuty to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Atta: Liz Hair, Project Manager, Asheville
Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
5

ATTACHMENT "C"
North Carolina Division of Waller Quality---Stream Identification Form; Version 3.1
Date f hi'r' Project f , f'r r ;° Latitude:
_.
Evaluator: °r j�-r P / / t� Longitude:
lotai ('oint` Other
Stream is at least intermittent s) my ,'`J', C' t "' e.g. Quad Name.
if 19 or perennial if'..3 4-
A. Geomorphology (Subtotal _) `Absent Weak Moderate Strong
1a. Continuous bed_ and bank _ 0 1 3
2. Sinuosity_ _ 0_ � 3
3. In-channel structure: riffle-pool sequence 0
4. Soil texture or stream substrate sorting _ 0 _
5. Active/relic floodplain _ 0 2_- _ 3
6. Depositional bars or benches 0 _ 1�1 - 2 __3
7. Braided channel 2 3
8. Recent alluvial deposits 0 2 3
9 a Natural levees 1 2 3
10. Headcuts _1 2 3_
11. Grade controls 0 0.5 1
12. Natural valley or drainageway 0__L 05 1 1.5
13. Second or greater order channel on ee istin-
USGS or NRCS map or other documented No Yes=3
evidence.
a Man-made ditches are not rated;see discussions in manual
B. Hydrology Subtotal
14. Groundwater flow/discharge 0 1 2 3
15.Water in channel and>48 hrs since rain, or 0 1 2 3
Water in channel--d or growingseason
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 1 1.5
18. Organic debris lines or piles(Wrack lines) 0 1 1.5
19. Hydric soils(redoximorphic features)present? No=0 Yes=
C. Biology (Subtotal
20b. Fibrous roots in channel _ 3 _ 0
21b. Rooted plants in channel 3 2 + _ 0
22. Crayfish 0 0- 1 1.5
23. Bivalves -- 1 2 3
24. Fish 0 0.5 1 1.5
25.Amphibians _ 0 0.5 _ 1 _ 1.5
26. Ma_crobenthos(note diversity and abundance) 0 0.5
2.7. Filamentous algae; periphyton _ 0 2 3
28. Iron oxidizing bacteria/fungus. 0.5 1 1.5
29 b.Wetland plants in streambed FAC=0.5; FACW=0.75; OBL= 1.5 SAV=2.0, Other
Items 20 and 21 focus on the presence of upland plants,Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)
e� 51

;,
`�._.�'
�__
`��J
- -

AT 1/^►iiHlY1Jill
am
a� r s
�y!y�
xr � f

:-
r`"��;;
�.:..
<��

x
!`c 'ram t,q, .:� r � E s aid�€7 �a r ,.� •' x ..- - �'�"'" � J 'G�' 'r �+�
KIN
a
VFX,�f lKi61 }y Y 5 � ;sd qlf s S, l}
x Jp r -4�f
WW
t � yr� .* vc^•, ^i - � �t Y� � vq �6 k ��,s�R�.,,�'S-� �`�.`"a,
� � +��,bs':,3�y+,f`7.i �`,s,�prr� �° �b W+r ,�C'� �f. ` s -�•;.•.. �� � -i:-^`eh +w �-Y� k � 4
� r'ads� yy"°4 '� � � •�>� s �" �,��� ����� � t; w� t zx 4 x�.� 6 � +�z -K '�a�'
r•
a
V

`� 1�n .}.�!1 � oaf 4� •F 6.�' A ,. � '!4� ,
'� fro! .g, �.1,t '' � }-a3`^vs,tt w•:. .>•F s > ,07
A _y �t � 't:_ t � �"` '.}FSs1�41•,� Lys �L�b4;'�nf � �. :� �p "� =`�`-. `ki``� ��, �`
,k 1
)x
�i� �� "ry{���'6..Y !\a � $1 Ss� � 4 � ` '.t�u',Rly k� � _ �-, ,xy`,- .✓r.�. t �
K7t` ;� t i4' !� """" -, w,�,y�F �'R-.may„- "'`,,`'}���1'M�7��' �,- •- * � ,2
1
1µ,4��r� ♦ �� $f eF���JA Yr ' � � .��y��„� �� �
3 4,
x u az� ri 7
4 � I

\�
'' ....
( J
- ..
``�

u.
.t
x
�3,4Y-: ! 1 a• t '* 1w
,.lRp `"d / 7 �h !S '' r •'t" -, <, '`�h' ti ; i?' #P-4 P r M-.
1M r r u •y" 1:
;. �r�`P,� •�, x°/d*.t.,�+��t �,N s'f �sr,�,,�,t��fi4 .�T s .�,w/i,.�f,.• '� pyy&"t' ;.r�+.y,,'�.r
`. � e� .rs. .�"." 7,�,.,.' c '4•t'"# ati`'Yaz`... y� � � t^' `-' 3" � �5,. .,��T s• � r r-�,� `�Y s+f.,�9f
3a 'p/
�� a r.« .r�.y�f�' x N��� r /'y �,.. t�'y�� rd����• °:f 3N � '�'"5 r F=�" a, ,Sr 4, �c�?
Fs S.,R ;
r�. R":,„.s s:. •. >� r r €':. r •,�, _.�� • �y v,;..i.�„
.,� At of - � s � � .� a �j�� � •�`x ' ,{
i
i
� fi

\\
�,
3�
�,j

'•,. §9 x�,: ar x. �:`#t
kO
r1nit
Z- �zs
>x,�.n.� ti?'�,a 6 R •r4 ,a � s4,+ r ✓i
•+ ° t'_�, �:` �,t>r �_.. .+..''�� '. r-. � *�_- �a,�s.r"a t r�a x _a,:.. '��'4^'m .J.,.,°,,�k ry �+"'SJ� r .� r
I -Z
�'`•'�;��>�•rid^ '"� '4'•'�' i .., r, ``'E"� �5!. � v✓ �f �. d ''. ,
NX
`` y -,.:: r CAI ' `� 1 , tyI' � ��� ' � i e �6.�°i 1't g�! '"•t`
iII
� � � � "• -:� �Ys�' i ,. � r r,�r:.r a,,�x�.,ti �4. �a �� s �+ ,��ti�7.;� {��'A�z' a
r
A�
C
w w �
y:
z

Ji
h y
-,''
I ILI
R
fty
OWN
- tr
{ E
�,,r
�._t�..-, � - � '� � �. �a�:x M. tee•., r ..ram' a� ._.. .. �"� �... .�_� _.,. :. �

n�a,
u �bt�lkx E
aw iw ' t rA ri� ~v sy':+ fr�vF�` wx ^iy
k •" f ,� " 'M1 4 � t lk
.�' s'* r°;~ •"'�,3 r r `� s � yr s rr� 4 � �''Y
75.
WV
col
4 r
A, PN-
"Wea'+ g _�A`ns, +�° xi, ✓ '" 'ea"�?` »:.
�'
f1
} t y �n��i"t ����'�'"`- '1 $_ � A d�L��°3 7,7 x� ��tf�a � ,4' � / Si ^.c�4.✓r d "�;
�Y .w:✓ �..' v.. / } .' 'gar 5` S P ppi-,

ka°
f a 1
S,.
f'7
�S t �
ilk r
F 2z"AES PIF:' 5iy �� !T' ^,�2
X7
i? �'
�` � ��e ,y��,.�lyb kit �� •'�'. ik,r fr �. ��� ,�-. +P n �'���y� e,� tit i� 7 "�'� s �a $
£ y d R{ i
I
'A rp
,

ATTACHMENT "E"
North Carolina Division of Water Quality-Stream Identification Forim; Version 3.1
C1ate: Project: ' lratiitude: & �
/ Sife Longitude
Evaluator. (` � v - -- -- -- --
LK�3_ial Hcsint d I Y i Other
am is atleasi]ntermittent Gauestr >`� e. Quad Name: h tom.
9 or erennial it>_30 � '� g•
A. Geomorphology (Subtotal=_ Absent Weals Moderate Strong
la. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 2 3
3. In-channel structure:riffle-pool sequence 0 1 J22 3
4. Soil texture or stream substrate sorting 0 _ 3
5. Activelrelic floodplain --_ � 1 2 3
6. Deposifianal bars or benches _ 0 2 3
7. Braided channel _0 2 3
8. Recent alluvial deposits 0 2 3
9 a Natural levees 0 1 2 3
10. Headcuts ` 2 3
11. Grade controls 0 0 1 1.5
12.Natural valley or drainageway 0 0.5 1
13. Second or greater order channel on existing
USGS or NRCS map or other documented No=0 Yes=3
evidence.
a Man-made ditches are not rated:see discussions in manual
B. Hydrology Subtotal=
14. Groundwater flow/discharge 0 1 2 3
15.Water in channel and>48 hrs since rain, or 0 C�l 3
Water in channel-d or growing season
16. Leaflitter 1.5 1 0.5 0
17.Sediment on plants or debris 0 0.5 1 1.5
18.Organic debris lines or piles(Wrack lines) 0 0. 1 1.5
19. Hydric soils(redoximorphic features)present? No=0 Yes=1.5
C. Biology (Subtotal= 315 )
20b.Fibrous roots in channel 3 D 1 0
21b.Rooted plants in channel 3 2 1 0
22.Crayfish 0 0.5 1 1.5
23. Bivalves 0 1 2 3
24.Fish 0 � 1 1.5
25.Amphibians 0 0.5 1 1.5
26.Macrobenthos(note diversity and abundance) 0.5 1 1.5
27. Filamentous algae;periphyton 0 1 2 3
28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5
29 b.Wetland plants in streambed FAG=0.5; FACW=0.75; OBL=1.5 SAV=2.0; Other=0
Items 20 and 21 focus on the presence of upland plants,Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)
i
�-�-ram---

�\
�_;JJ
L��

A I I AL;HM17-N I "F-
:er, Mike
rom: Baker, David K SAW [[e-mail]]
'ent: Thursday, May 28, 2009 11:13 AM
a'o: Tipton, Ricky A
Cc: [e-mail]
Subject: David and Elaine Thomas property
Rick-This is to confirm our earlier telephone conversation regarding our reevaluation of the jurisdictional determination on
the Thomas property adjacent to US Highway 19. The property is proposed to be utilized for disposal of earthen waste
material from the ongoing highway construction. Mr. and Mrs. Thomas have agreed to reduce the amount of piping from
the original proposal. The segment of culvert to be eliminated extends from the existing culvert near the upslope woods
line downslope approximately 30-40-feet. Our May 4, 2009 Notification of Jurisdictional Determination to the Thomas's
remains in effect and can be relied upon provided that the referenced upslope segment of the drainage remains in it's
natural condition. If you have any further questions please give me a call.
DaviCl K. Ralwr
Pf-oiect 'Wurn.tger
Ishel•ille Rc;t I'dulruy 11ield Oflicc
1?1 Patron,I venue, Room 08
Ishc vdle. NC'18801-5otffi
rrrrrr•rret. claviil.k.htzkcr'�i`usacre.arnw.�nil
web: http://www.saw.usace.army.mil/wetlands/
The Wilmington District is committed to providing the highest level of support to the public. To help
s ensure we continue to do so, please complete the Customer Satisfaction Survey located at our
website at http://regulatory.usacesurvey.com/ to complete the survey online.
1

�\
�_
_,_._,
i
i
`_

kv'
� •NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
,tune 2, 2009
City of Lenoir
Mack Edmisten
801 West Ave.
Lenoir, NC 28645
Subject: 401 'Water Quality Certification - Approval
Project Name
Lenoir Raw Water Intake
DWQ Project# 09-0239
Caldwell County
Catawba River-Lake Rhodhiss
Dear Mr. Edmisten:
The DWQ 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 0.26 acres of open waters for the purpose of raw
water intake installation 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 3699. This Certification allows
you to use Nationwide Permit 12 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 General 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) Sediment and Erosion Control and
Stormwater 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 0.26 (acres) 01-Temp
Buffers 5000 (s uare ft.) B I-Temp
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877.623-6748 1 r OT t11CdrO11T1�1
Internet:www.ncwaterquality.org
'VaturulCy
An Equal Opportunity 1 Affirmative Action Employer

Lenoir Water intake
.tune 2,2009
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 Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS/lsw
Enc: GC3699
Certificate of Completion
cc: USACE Asheville Regulatory Field Office '
401 Permitting Unit—Central Office
ARO Water Supply Section
File Copy
Central Files
McGill and Associates
Wesley Wightman
1240 19`I' Street Lane NW
Hickory,NC 28601
G AW PDATA\DEM WQ\Caldwell\40 l s\09-0239Approval.doc

MCVENR
North Carolina Derjartnn of Erivironment and Natural Resources
3 i Join Ui `l,"a 1.0,1 ?iity
Beverly Eaves Perdue Goleen 111. Sullins Dee Freeman
Governor Director Secretary
June 2, 2009
Mr. Ronnie A. Sloan, Vice-President
WestCare Health Corporation
68 Hospital Road
Sylva, North Carolina 28779
Subject: Permit No. WQ0034084
WestCare Health Corporation
New Medical Office Building(s)
Wastewater Collection System Extension
Jackson County
- Dear Mr. Sloan:
In accordance with your application received on May 21, 2009 we are forwarding herewith
Permit No. WQ0034084, dated June 2, 2009, to WestCare Health 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 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 2H .0227 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 2H .0200; 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.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

VVeeKCareHemlth Corporation June 2. 2OOD Page
\
|D accordance with the provisionsOf Article 21Of Chapter 143' General Statutes OfNorth /
Carolina 8samended, and other applicable L@vVS. Rules, and Regulations, permission is hereby
granted to WestCare Health Corporation for the construction and operation of approximately 1,235 �
linear feet of 8-inch diameter gravity sewer-, a 'I 36---gallon per minute sewage pumping station with
duplex pumps, audible and visual high water alarms, and @portable emergency power generator
receptacle with telemetry 8S well 8S approximately 26 linear feet Of4-iOCh diameter force main (Userve
medical offices and the discharge of 10.800 g8||OOS per day of collected domestic vv@SteVV@to[ into the
TuCh8SeigBe Water and Sewer Authority's (T\&'8/\) existing sewerage system, pursuant tOthe
application received OO May 21. 2O08 and iO conformity with 15/\ NC/\C2H .O2U0-1 the Division's
Gravity Sewer Minimum Design Criteria adopted F8b[U8[y 12' 1996 as applicable; the Division's
&1iniDlU0 Design Criteria for the Fast-Track Permitting Of Pump Stations and FV[C8 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 S8vv8g9 and vV8St8Vvoter collected hy ii|iS system Sh3|| be treated in the T\8/GAVVaetew/8t8r
Treatment Facility (Permit No. N("['O39578\ o[to being discharged into the receiving stream.
If any porta, requirenoanto, or limitations contained in this permit are unacoepteb|e, you have the
right to request an udiudioutory hearing upon written request within 30 days following receipt of this
permit. This request 0u�d be in the form Of@written p8tition, oonfuFDliDQ to Chapter 150B of North
Carolina General 8tatUteS, and filed with the Office 0fAdministrative Hoo[ingS, 8714yW8i| Service
C8Ot8[, Fl@|8igh, NC27OSS'6714. Unless such demands are Dl8d9, this permit shall be final and
binding.
If you need additional information concerning this matter, p|e8S8 contact Roy Davis at (828)
298-4500.
8iO0S[8|y.
� W
forCo|88D H. GUUins, Director
Division of Water{)uo|dv
Co: Jackson County Building Inspector
AR(]. Surface Water Protection 8&n&TF Permit NO. NCO039578\
Charles J. Chriaty, PE
Joe Cline, TVVSA
Water Quality Central Files
PEF<CGFi|eo

NORTH C'AROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPART MENT C. F ENVIR r_Nl AND NATUR�'.L RESOURCES
WESTC.ARE 1-i r'I CORPORATION
NEW ME[.)iGAL i ICE BUILDING(S)
JAGKSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERN41T WQ0034084
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitation&
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the core ions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer linimum 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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
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.
1

Permit Nc). WO0034084 WestCare Health Corporation Medical Office Building(s) Jackson County, June 2. 2009
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 docurnentation 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 211 .0200; 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.
6. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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,
. r._ i � io n) nnn cn b t than
'2
Vflll:e, telephone IIUIIII�CI t02U� L.'7U-4:IVV, as jV�)II as possible, bl.11 �n no case IIIVIe llldn L4 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

Permit No. WQ0034084 WestCare Health Corporation. Medical Office Building(s) Jackson County. June 2 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description: approximately 1,235 linear feet of 8-inch diameter gravity sewer; a 136- gallon per
minute sewage pumping station with duplex pi..lnips, K.-iudible and visual high water alarms, and a
portable emergency power generator receptacle with telemetry as well as approximately 26 linear feet
of 4-inch diameter force main
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 \,,,ear 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 2H .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.
North Carolina Professional Engineer's
seal, signature, and date:
:.................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY TO
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.

Permit No. WQ0034084, WestCare Health Corporation Medical Office Buildincg(s), Jackson County June 2 2009 �.
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater tran> port, 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 Fmergency Management at telephone number [phone] or (919)
733-3300. Persons rer>c,-' 'g any of the above occurrences shall file a spill report by completing
Part I of Form CS most current Division approved form), within five days following first
knowledge of the o: This report shall outline the actions taken or proposed to ensure that
the problem does riot 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 2nd day of June, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
XA
�.
for of en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Kermit Number WQ0034084
3

;7
LI'
ALV4 �
A%
- -
NCDENR
North Carolina Department of Environment and Natural Resour'es
Division of Water Quality
Beverly Eaves Perdue Coleen 1-I, Sullins Dee Freemen
Gover,.or Director Secretary
June 2, 2009
Karen E. Andrews
Town of Rutherfordton
129 N Main St
Rutherfordton NC 28139
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0244
Permit No. NCO025909
Rutherfordton WWTP
Rutherford County
Dear Ms. Andrews:
A review of Rutherfordton WWTP's monitoring report for March 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Copper, Total (as Cu) 03/24/09 40 ug/I 48 ug/I Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on
the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a
response be submitted: however,should you have additional information concerning the violations or comments which you
wish to present, please submit them to the attention of Jeff Menzel.
The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are
of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction
activities, then you may wish to consider applying for a Special Order by Consent. You may contact Don Price of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
DWQ Asheville Files
ORC, Jerry Alexander
NorthCarolina
�AA-, �Valimalljl
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Rutherford\25909 Rutherfordton WWTP
i

�_.
�����'
I
�:/'
i-_.
\ _/:

a
North Carolina Department . tEnvironi-n nt and Mats lr l Resources
I of'vtt�iter C-ualit,i
Beverly Eaves Perdue uoieen H. Sullins Gee Freeman
{governor Director Secretary
June 2, 2009
Mr. Joe Collins, Mayor
Town of Franklin
188 West Main Street
Franklin, North Carolina 28734
Subject: Permit No. WQ0034085
Town of Franklin
Dennis Stamey Sewer
Wastewater Collection System Extension
Macon County
Dear Mr. Collins:
In accordance with your application received on May 22, 2009 we are forwarding herewith
Permit No. WQ0034085, dated June 2, 2009, to the Town of Franklin 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 2H .0227 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 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimullt
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.
Asheville Regional Office internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Town of Franklin June 2, 2009 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 Town of Franklin for the construction and operation of approximately 300 linear feet of 8-
inch diameter gravity sewer to serve a residence and retail store the discharge of 510 gallons per day
of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the
application received on May 22, 2009 and in conformity with 15A NCAC 2H .02.00; 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 Franklin
Treatment Facility (Permit No. NC0021547) 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 w ,.?n petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Offs:_ Of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. U =.ss such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
Z__ei L
for Coleen H. Sullins, Director
Division of Water Quality
cc: Macon County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0021547)
T. Dean Haney, PE
Water Quality Central Files
PERCS Files

IBC,RTH (:AROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT EN,VI;Z:r:rNMIENT f`,ND NATURAL RESOURCES
TOWU OF FRANKLIN
DEN1,lIS STAMEY SEWER
krIACON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034085
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 2H .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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 21-1
.0227:
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.
1

Permit No. WQ0034085, Down of Franklin, Dennis Stamey Sewer Macon CountY_.J_une 2. 2009
4. Thi�nit 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 2H .0200; 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 2H .0200; 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 quality staff member at the Asheville Regional
/ I I h h QZQl 7QG.` AGOG as scon as possible but in no case more than 24 hours
O ioe, telephone one IIulI ber (V 81 2900-A1a V, u.) by �i u.� possible,
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

unit Rla. 1NCC7pp340&5 Town of Franklin Dennis Stamev Sewer Macon County June 2. 2009
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 Si tion or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or aniy 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 forn0 can also be completed to show that the SSO was beyond control.
Permit issued this the 2nd c ay of June, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
for Col en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit (Number WQ0034005
3

�
Permit No. WQ0034085, Town of Franklin, Dennis Stamey Sewer, Macon.County, June 2. 2009
\
ENGINEERING CERTIFICATION — POST CONSTRUCTION \
/
\~
System Description: approximately 300 linear feet of 8-inch diameter gravity BeVV8r `
Complete and submit this form to the Asheville regional office with the following:
° One copy of the project reoorddrawings (p|on & prnfi|eviowsofnewor |inen) ofthewaotexwaharooUection
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 aa part of this project
v Changes to the project shou|dboo|eodyidendfiodonthorecorddnawinUnnrinwrittenoummoryform. Pe[mit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project ohmUnoib000nuidarodoomp|ehenoroUovv*dtuopanahaunti| thiaEngineer'aCertificutionandoU
required supporting documentation have been received by the Division. Therefore, itie highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
Partial n Final
as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe ([:] periodically, 0 weekly, El 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 2H .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
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
W TH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
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.
7'`

�®4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 2, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 000 00798 9128
William N Hughes
Town of Murphy
PO Box 130
Murphy, NC 289060130
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2009-0179
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,551.00 ($1,500.00 civil penalty+ $51.00 enforcement costs) against Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Murphy for the month of March 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
March 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Murphy violated the terms,
conditions or requirements of NPDES Permit NCO020940 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Town of Murphy:
No thCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwatergualitV.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$600.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$600.00 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
$1,500.00 TOTAL CIVIL PENALTY
$51.00 Enforcement Costs
$1,551.00 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
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 Dearing, 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
L.T,.,,.,:.,. �7,.,. .,,_.,,,+ L':1_ +1_ .__.•+' +1 _ ll C.4'� _1' n a._,.:._• rr_ 1 .t
hearings. i ou ittuSf itte he PefltfOn wiih u7e Office of Adi-ni istrative neaiif"igs within hirty (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 Keith Haynes of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0179 County: Cherokee
Assessed Party: Town of Murphy
Permit No. (if applicable): NC0020940 Amount Assessed: $1,551.00
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. `'ou should attach any documents that you believe
support your request and are necessary for the D�.cctor 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 procec'.ure 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
AND NATURAL RESOURCES
COUNTY OF Cherokee
Town of Murphy _
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTI2ATI[VE HEARING AND
Murphy WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO020940 ) FILE NO. LV-2009-0179
Having been assessed civil penalties totaling $1,551.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 2, 2009, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of 520
SIGNATURE
ADDRESS
TELEPHONE

w a> m m
fL a;
} X X X X
h w w w w
O O> O Cn O
N EU E W
N hQ N U N N
• J Q Q
O ?, >
C > N C N T
O
(7
wuj h �
>_
0
0
w
-J a w
Q
U
N F
d
Y
O J
d
.0
U w
LL
} O=) - - - -
z �Q E E E E
U
cr)
T
O
}
Q
F- p• o z
z N CfLli Y Y Y Y
` w N U1 N
C / LU
cr X X X X
0 Q: U. M M M M
Q c w z
f- 3 m O m m m m
o w o 0 0 0
Q h h v
Q M M
Z
W 0o O O O O
Q
U
a
L
w
w M Cl)
c ¢ C co
LLJ
w V7
� EL m m Er
z
~ lO-- ati aa) m aa)
U V w w w w
Q O
rL J
J
U. O O O O
Z
O
d
rn O
C)
N y dO O O O O
ClC {—r1 N N N 1V
V
o zW
r r r r
z
o }
cr w ,J o 0 0 0
wa
I �'
v! C

i
�� i
_.__...

�`
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Paves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 2, 2009
George Gibbons
Republic Services Of NC LLC
2800 Cheraw Rd
Lenoir NC 28645
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Foothills Landfill
Republic Services of NC LLC - Lenoir
Permit No: NCG120060
Caldwell County
Dear Mr. Gibbons:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
April 29, 2009. Present during the inspection was yourself and Mr. Ray Hoffman. The facility
was found to be in compliance with permit NCG120060.
The following additional observations and comments are for your reference.
® Erosion control structures are not allowed in streams; basin#1 has.an active spring/stream.
The stream should be rerouted or conveyed so that it is no longer a component of the basin.
This basin will be problematic for erosion control and water quality with the stream
present. If Division of Water Quality (DWQ) approved Polyacrylamides (PAMS)
flocculants are to be used to assist in the function of this basin then the PAMS are to be
deployed at the head of the basin, never the tail end. A forebay or a similar structure would
be useful in the basin to assist with PAMS use. Once the contributing area of this basin is
completely stabilized PAMS should not be needed, except during the occasional upset.
®. Cell 44 has an active spring/stream. Currently there is temporary basin, which, as
mentioned above, will be problematic; getting a good stand of grass is recommended as
soon as possible. Plans indicate this strearn will be culverted and will not daylight in the
permanent basin for this area. In conflict with what was observed during the inspection, a
letter to the Army Corp of Engineers from Hodges, Harbin,Newberry and Tribble, Inc.
dated January 5, 2009 states all wetland and stream channel impacts authorized have been
completed.
® Qualitative monitoring and inspections of stormwater/,-rosion control facilities is to be
performed once a week and within 24 hours followin recipitation events of 0.05 inches
or greater. We discussed using the NCG010000 inspection forms.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet.www.ncwatei,quality.org
Agtlmally
An Equal Opportunity 1 Affirmative Action Employer

Page 2 of 2
June 2, 2009
Foothills Landfill
® All analytical monitoring is to be reported to DWQ and maintained onsite. When elevated
analytical results occur follow the Tier One-Tier Two Criteria and Response.
Please contact me at [phone] or [e-mail], if I can be of any further
assistance.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: Central Files
Asheville Files
ARO DLR
ARO Solid Waste
G:\WPDATA\DEMWQ\Caldwell\Stormwater-LandiIINCG 12\foothill-republicinspectionitr4-09.doc

�v
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 4, 2009
Chris Braund
Town Manager
Town of Lake Lure
PO Box 255
Lake Lure, North Carolina 28746-9249
Subject: Support for Grant Proposal—Lake Lure Municipal Landfill Stabilization
Dear Mr. Braund:
This letter has been written in support of the Town of Lake Lure's efforts to stabilize the Lake Lure
Municipal landfill located on Island Creek Road.
On February 12, 2009, the Division of Water Quality (DWQ) visited the site with Clint Calhoun
(Town of bake Lure) and Liz Hair(US Army Corps of Engineers)to inspect a stream adjacent to
the landfill. Mr. Calhoun had self-reported an incident where a slough of waste materials from the
landfill had entered a stream.
The inspection of the stream revealed a violation of water quality standards (in-stream waste),
which the Town of Lake Lure indicated they would resolve through removal of the waste and any
necessary streambank restoration. The DWQ agreed to a flexible timeframe for the stream cleanup.
Of greater concern was the likelihood of a more catastrophic failure of the landfill and subsequent
stream impacts.
Long term, the Lake Lure Municipal landfill should be stabilized to prevent the possibility of severe
impacts to the stream system adjacent to the materials. All efforts to protect water quality in the
vicinity of the landfill are fully supported and greatly appreciated by the DWQ
Should you have any questions regarding these matters, please contact me at [phone] or
chuck.c ran ford r�ncdenr.Gov.
Sincerely,
r f
f fi
Chuck Crar ford `
Environmental Specialist
Surface Water Protection Section
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N�orthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org atkrq���
An Equal Opportunity',Affirmative Action Employee ►'

\_
�-,�.
�_/I
j--.
�'

Arita
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
.tune 4, 2009
Greg Crawford
Highlands Country Club
Post Office Box 220
Highlands, North Carolina 28741
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Club Lake
401 Project Number: 08-0164
NOV-2009-SS-0013
Macon County
Dear Mr. Crawford:
The Division of Water Quality has received correspondence from C1earWater Environmental
Consultants, Inc., dated May 22, 2009, in response to the NOV noted above. The proposal
includes the removal of rip-rap dams and sediment from Monger Creek.
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
DWQ Central Files
C1earWater Environmental Consultants—e-copy
GAWPDATA\DEMWQ\Macon\401 s\HiglilandsCountryClub\SedlmentRemOVaI APPROVE,doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North Carolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 /
Internet: www,ncwaterqu f�ality.org afimall y
An Equal Opportunity 1 Affirmative Action Employer

A74Iyfn
L7)
WCDENR'
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 4, 2009
Mr. Terry Scruggs, Acting City Manager
City of Brevard
95 West Main Street
Brevard, North Carolina 28712
Subject: Sanitary Sewer Overflows
City of Brevard
Sewage Collection System
Transylvania County
Dear Mr. Scruggs:
I am informed that the City of Brevard has completed construction of the new
force main serving the Gallimore Road Pump Station. I would like to thank the City for
bringing this very necessary project to completion. Given that a Special Order entered
into between the City of Brevard and the North Carolina Environmental Management
Commission mandated this construction, it would be appropriate for the Division of
Water Quality to be informed of this event by means of a letter from your office.
Completion of the Gallimore Road Pump Station force main gives the City the
ability to move a greater volume of wastewater further downstream within the collection
system. Several recent days of heavy rainfall may have revealed the presence of a
system bottleneck further downstream. Several manholes between the point of
discharge from the Gallimore Road Pump Station force main and the Neely Road Pump
Station overflowed. I would like your thoughts on this matter.
Ideas which occur to me which the City should consider in order to remove this
apparent bottle neck include increasing the Neely Road Pump Station pumping
capacity, increasing the capacity of the gravity system connecting the Gallimore Road
Pump Station force main discharge point and the Neely Road Pump Station and/or
extension of the Gallimore Road Pump Station force main. Continuing to aggressively
remove Infiltration & Inflow remains very important. The City probably has other ideas
as well. I am told that the Neely Road Pump Station can operate only one pump at a
time due to limitations on available power. It seems logical to me that the City should
investigate the possibility of upgrading the Neely Road Station to allow operating both
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �`����N�L`I,
Internet: www,ncwaterquality.org �/ ` `✓U
An Equal Opportunity 1 Affirmative Action Employer

pumps at one time. Such a project, if determined useful, might be quickly
accomplished.
Repeated overflows from the same location for the same reason will assuredly
result in the assessment of Civil Penalties against the City. If you believe that a new
collection system bottleneck has been revealed which cannot be quickly corrected, I
encourage you to consider entering into a new Special order by Consent with the North
Carolina Environment Management Commission obligating the City of Brevard to carry
out any necessary construction in accordance with an agreed upon time schedule. As
you know from past experience such a document protects the City from civil penalties
for overflows agreed to in the Special order.
I would like to know your impression as to whether the City has a new collection
system bottleneck to contend with and, if so, what course of action the City is
considering. I look forward to hearing from you.
Sincerely,
Roy M. D vis
Environmental Engineer
cc: Roger Edwards
Davis Lutz
G:\WPDATA\DEMWQ\Transylvania\Brevard Collection System\Neely Road Pump Station.doc

r`
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 5, 2009
Mr. Tony King, Managing Partner
Flat Creek Village Apartments, LLC
202 Flat Creek Village Drive
Weaverville, North Carolina 28787
Subject: Application Return
Fast-Track Application
Flat Creek Apartments Sewers
Buncombe County
Dear Mr. King:
The Fast-Track Application submitted by Flat Creek Village Apartments, LLC
seeking permission to construct sewers to serve the apartments is being returned for
the following reasons:
(1) Two copies of the Application were not submitted.
(2) A map showing the project location was not submitted.
(3) The Flow Tracking/Acceptance Form was not completed.
(4) The corporate name shown for the applicant (Full Legal Name) is not shown on
the application the same as the company is registered with the North Carolina
Secretary of State.
look forward to receiving a complete application. Should you need to discuss this
matter please do not hesitate to call me at [phone].
Sincerely;
Roy M. Davis
Environmental Engineer
Xc: Marvin Mercer, PE
G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Application Return-Flat Creek Village.09.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\,FAX:[phone] Customer SeRice:1-877-623-6748 A /� 1�y+� $0
Internet: www.ncwaterquality.org A/ y !l` bL
An Equal Opportunity'+.Affirmative Action Employer

1
I'A
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
SURFACE WATER PROTECTION
June 4, 2009
Polk County Sheriff's Department
ATTN: Sergeant Jay Turnie
Box 69
Columbus,North Carolina 28722
SUBJECT: Service of Certified Letter
Per our phone conversation, the enclosed Certified Letter needs to be PERSONALLY served to
the following individual:
Mr. William P. Brown
8391 Hwy 108 E.
Mill Spring,North Carolina 28756
Once the certified letter has been served and the Green Card (which is attached to the
back of envelope to Mr. Brown) is Signed and Dated in the areas indicated with a red "X" mark,
please return the Green Card and the completed Return of Service letter in the
self-addressed/stamped envelope. Thank you for rendering this service as a courtesy.
Sincerely,
Y
Roger C. Edwards, Supervisor
Surface Water Protection Section
Asheville Regional Office
Enclosures: Certified Letter to William P. Brown
Self-Addressed, Stamped Return Envelope
Return of Service Letter
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
NOrthCar011na
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 /�
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Vatura`L
Internet: www,ncwaterquality.org
=.n Equal Opportunity AHumalive Action Employer

`s
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Colleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the day of
2009, and together with the document(s) was served as follows:
On the day of , 2009, at the following place:
(Fill in the address where the document was delivered)
and was delivered to Mr. Brown personally
If not served on the named individual, please state reason:
Thank you for your time and should you have any questions, please contact Linda Wiggs
of this office at [phone].
Please return this form to:
Surface Water Protection Section
NC Division of Water Quality
2090 US Highway 70
Swannanoa,North Carolina 28778
Re: William P. Brown
Polk County
\URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 '>
Internet: www.ncwaterquality.org �aturralltf
An Equal Opportunity'+Affirmative Notion Employer

UA
..n
CENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
June 8, 2009
William Bruce Fox
1776 Lake Emory Road
Franklin,North Carolina 28734
Subject: 401 Water Quality Certification -Approval
Fox Project
DWQ Project# 09-0267
Macon County
LTN01 / Little Tennessee River(Lake Emory)/ 2-(1) /C
I)ear Mr. Fox:
The DWQ 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 0.02 acres of open waters for the purpose of
shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference::]
[Waters 0.02 (acres) Fox Bank Stabilization Map
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Q11e
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NQrthCarO�lTlti
Internet:www.ncwaterquality.org 1V
Naturally
An EqualOpportunity l Affirmative,Action employer

William Bruce Fox
June 8,2009
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 Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Cole�H. 11ins, Director
CHS/cbc
Eric: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Doug Johnson—Macon SWCD (e-copy)
File Copy
G:\W PDATA\DEM W Q\Macon\40I s\Fox\Approval_6-8-09.doc

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 9, 2009
Mr. Ken Galloway
The Havens
PO Box 883
Murphy,NC 28906
Subject: Follow-up to Notice of Violation and Recommendation for Enforcement
NOV-2009-PC-0060
Cherokee County
Dear Mr. Galloway:
The Division of Water Quality(DWQ) has received the Sediment Removal Final Report from you
related to the Notice of Violation and Recommendation for Enforcement NOV-2009-PC-0060.
DWQ has reviewed the information provided and conducted a follow-up site visit on June 4, 2009.
The written response and the sediment removal results observed at the site have satisfactorily
resolved the violations noted in the subject Notice of Violation and Recommendation for
Enforcement.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to 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,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: ARO File Copy
DWQ Central Files
Cherokee County Planning
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �f'/y��//�
Internet: www.ncwaterquality.org ,/a�v `u l
An Equal Opportunity'.Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 9, 2009
Mr. William Anderson
725 1 st Ave
Welaka, FL 32193
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-OP-0003
Incident Closure
Cherokee County
Dear Mr. Anderson:
The Division of Water Quality (DWQ) has received the Stream Restoration Final Report from
Marshwater Company, related to the Notice of Violation and Recommendation for Enforcement
NOV-2009-OP-0003.
DWQ has reviewed the information provided and conducted a follow-up site visit on June 4, 2009.
The written response and the stream restoration results observed at the site have satisfactorily
resolved the violations noted in the subject Notice of Violation and Recommendation for
Enforcement.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to 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, _
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: ARO File Copy
DWQ Central Files
John Hennessy—NPS Assistance and Compliance Oversight Unit
Cherokee Planning
Marshwater Company
PO Box 284
Franklin,NC 28744
G:\WPDATA\DEMWQ\Cherokee\Complaints\Anderson-Pond\NOV Closure.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX.[phone]\Customer Service:1-877-623-6748 ���' L y��l//�
Internet: www.ncwaterquality.org �/av
An Equal Opportunity Affirmative Action Employer

___
�_
j-.
'�,i
�_
__ _._
___

�, ►
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 9, 2009
Tom Fasig
MGM Brakes
Indian Head Industries Inc
PO Box 70
Murphy NC 28906
SUBJECT: NPDES Stormwater Permit Compliance Inspection
MGM Brakes
Permit No: NCG030530
Cherokee County
Dear Mr. Fasig:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
June 4, 2009. The facility was found to be in compliance with permit NCG030530.
The following observations and recommendations were noted during the Division of Water
Quality (DWQ) inspection:
Stormwater Discharge Outfall
Please add stormwater discharge outfall located at the Hazardous Storage Area to the Site Plan and
Stormwater Pollution Prevention Plan (SWP3). This is an outfall that will require Analytical and
Qualitative monitoring.
Analytical Stormwater Monitoring
Please submit the next sampling event analytical monitoring results from all Stormwater Discharge
Outfalls to Asheville Regional Office (ARO). Submittal of results to the Central Office as directed
in permit is also required. Along with the required parameters obtained from all outfalls,this
sampling event will also need to include an upstream and a downstream Metals sample of the
Hiwassee River. As we discussed, the upstream Metals sample should be taken of the Hiwassee
River from the riverbank approximately 20 to 50 feet upstream of Outfall 1 and 2. This upstream
Metals sample will be a control sample indicating the water quality above your facilities influence.
A downstream Metals sample of the Hiwassee River shall also be collected from the riverbank
approximately 50 feet downstream of Outfall 5 and the outfall mentioned above that needs to be.
added to your sampling protocol. This downstream Metals sample will evaluate if your
stormwater discharges are causing elevated Metals results in the Hiwassee River.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 title Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOl) lCc`tr01111a
Internet:www,ncwaterquality.org
AwmralltY
An Equal Opportunity+Affirmative Action Employer

MGM Brakes
Page 2 of 2
6/9/09
Total Toxic Organic Monitoring(TTO)
As mentioned above, there is a stormwater discharge outfall located at the Hazardous Storage
building that needs to be added to the Site Plan and SWP3. This outfall will require Total Toxic
Organic monitoring for the next analytical monitoring event. Please submit results to the ARO and
Central Office. Unless Toxic compounds are found at this discharge, your facility, by signature
on monitoring forms stating MGM Brakes incorporates a solvent management plan, will not be
required to perform TTO monitoring semi-annually.
Please contact me at [phone] or [e-mail], if I can be of any further
assistance.
Sincerely,
1 h� a
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: Central Files ;
Asheville Files
G:\WPDATA\DEMWQ\Cherokee\Stormwater Metal NCG03\MGM Brakes lnspectLetter6-09.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 9, 2009
Jim Clark
Sugarloaf Development, LLC
3737 Howard Gap Road
Hendersonvlle,North Carolina 28792
SUBJECT: NOTICE OF VIOLATION
NOV-2009-SS-0026
Stream Standard Violation- Other Waste (In-stream sediment)
Stream Standard Violation - Turbidity
Henderson County
Response deadline: June 26, 2009
Dear Mr. Clark:
On May 27, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection along Sugarloaf Road in Henderson County. Mr. Gary
Gibbs, Mr. Hulon McCraw and Mr. Tim Fox (Henderson County Erosion Control) were present.
Stream standard violations were noted during the inspection. Sediment impacts and turbidity
standard exceedances to an unnamed tributary to Devil's Fork (Class C waters) and an on-line
pond were documented. Due to the turbid conditions, the length of sediment impact was
undetermined at the time.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—An indeterminate length of an unnamed tributary to Devil's Fork (Class C waters)
was impacted by sediment deposition, representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (3) (f)
II. Stream Standard Violation -Turbidity 15A NCAC 02B .0211 (3)k- An indeterminate
length of an unnamed tributary to Devil's Fork (Class C waters) and an on-line pond were
impacted by turbidity, representing Water Quality Stream Standard violation of 15A NCAC
02B .0211 (3) (k)
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarofina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 '/
Internet: www.ncwaterquality.org Aaturally
An Equal Opportunity 1 Affirmative Action Employer

Jim Clark
June 9,2009
Page 2 of 3
REQUIRED RESPONSE
This Office requests that you respond in writing by June 26, 2009. Your response should be sent
to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please submit a Sediment Removal Plan(Plan) to this office for review and
approval. The Plan must address removal of the accumulated sediment from
Devil's Fork. The Plan must be submitted to the Division of Water Quality for
review and approval prior to implementation. You are encouraged to secure an
environmental consultant experienced in stream restoration to assist you with your
plan development and authorization necessary to achieve compliance. It is
recommended that your consultant contact Chuck Cranford of the Asheville
Regional Office for additional guidance during restoration plan development. The
Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
II. Stream Standard -Turbidity
a. Please provide details about how turbidity standard violations will be prevented in
the future. Stormwater runoff leaving the site must not be so turbid as to exceed the
standard of 50 NTU in the stream and 25 NTU in the on-line pond.
b. If the turbidity levels in the pond do not readily return to more normal levels,
additional actions to remediate the waters may be required.

3
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Tim Fox—Henderson County (e-copy)
Hulon McCraw(e-copy)
G:\WPDATA\DEMWQ\Henderson\Complaints\Sugarloaf development\NOV-2009-SS-0026_6-5-09.doc

� ,
l
�,

WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 9, 2009
Mr. William Anderson
725 1 st Ave
Welaka, FL 32193
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-OP-0003
Incident Closure
Cherokee County
Dear Mr. Anderson:
The Division of Water Quality (DWQ) has received the Stream Restoration Final Report from
Marshwater Company, related to the Notice of Violation and Recommendation for Enforcement
NOV-2009-OP-0003.
DWQ has reviewed the information provided and conducted a follow-up site visit on June 4, 2009.
The written response and the stream restoration results observed at the site have satisfactorily
resolved the violations noted in the subject Notice of Violation and Recommendation for
Enforcement.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to 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, _
AD ? ��"k
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: ARO File Copy
DWQ Central Files
John Hennessy—NPS Assistance and Compliance Oversight Unit
Cherokee Planning
Marshwater Company
PO Box 284
Franklin,NC 28744
G:\WPDATA\DEMWQ\Cherokee\ComplaintsWnderson-Pond\NOV Closure.doc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Naturally
y,�l//�
Internet: www,ncwaterquality.org N�/ Kl
An Equal Opportunity Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 9, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9142
Mr. Andrew Donkin
250 W Church Ave
Longwood, FL 32750
SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
NOV-2009-SS-0025
Stream Standard Violation - Other Waste (In-stream sediment)
Haywood County
Response deadline: June 26, 2009 or 15 days from receipt
Dear Mr. Donkin:
The Division of Water Quality responded to a complaint regarding the breach of a dam on
Grassmere Enterprises, LLC subdivision site off Oxner Cove Road in Haywood County. Mr.
Kevin Barnett and Ms. Susan A. Wilson of the Asheville Regional Office, Surface Water
Protection Section, conducted a site inspection May 21, 2009. Below the dam breach sediment
was noted in the unnamed tributary to Hyatt Creek, a Class C waterbody in the French Broad River
Basin. Sediment deposition to waters of the State is considered a violation of water quality
standards. Mr. Barnett and Ms. Wilson, along with Mr. David McHenry of the Wildlife Resources
Commission, conducted a follow-up site visit June 3, 2009 with your consultant, Mr. Ben Cathey,
P.E. of Civil Design Concepts, PA. We discussed the potential for sediment removal and some
options to prevent further sediment deposition from the pond drainage. We also stated that this
notice of violation was forthcoming.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (3)f—An indeterminate length of an unnamed tributary to Hyatt Creek, a Class C
waterbody in the French Broad River Basin, was impacted by sediment deposition,
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 NOrthCarofina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 //�
Internet: www.ncwaterquality.org �atmral
An Equal Opportunity':Affirmative Action Employer

urassmere cnrerpnses,LLk-
Mr.Donkin
Page 2 of 4
Pockets of sediment as deep as 15 inches were noted downstream of the new culvert
from the breached dam.
II. Water Quality General Certification No. 3705 Condition Violations—
➢ No. 3 (No Sediment and Erosion Control Measures in Wetlands or Waters): A
sediment and erosion control structure was noted in the pond area.condition.
Although measures should have been taken to prevent further sediment
downstream, this step was inappropriate to correct the ensuing problem.
➢ No. 13 (Placement of Culverts and Other Structures in Waters and Wetlands): the
perched culvert is in violation of this condition. As stated in the condition, the
culvert must be placed below the elevation of the streambed by one foot (for
culverts of diameters less than 48 inches).
➢ No. 13 (Placement of Culverts and Other Structures in Waters and Wetlands): the
rip rap section on the downstream side of the culvert does not conform with the
requirements. Rip rap shall be buried such that the original stream elevation is
restored and maintained. Please be aware that any additional fills, including any
rip rap, must have authorization.
➢ No. 20: activities were not conducted in a manner to protect State water quality
standards. As stated previously, discharge of sediment is a water quality standard
violation.
REQUIRED RESPONSE
This office requests that you respond by the deadline noted above. Your response should be sent
to both the attention of Ms. Susan A. Wilson, Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Your response should address the following items:
I. Stream Standard Violation - Other Waste (In-Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. A complete assessment of the
amount(depth) of sediment and length of impact must be included.
c. Please submit a Sediment Removal Plan to this office for review and approval
(some potential recommendations were given by Mr. Barnett during the site visit
June 3, 2009). The plan must address removal of the accumulated sediment from

the unnamed tributary to Hyatt Creek and be submitted to the Division of Water
Quality for review and approval prior to implementation. You are encouraged to
secure an environmental consultant experienced in stream restoration to assist you
with your development of your plan and authorization necessary to achieve
compliance. It is recommended that your consultant contact Ms. Susan Wilson of
the Asheville Regional Office for additional guidance during restoration plan
development. The plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a: final
report documenting restoration of the stream should be submitted to Ms.
Susan A. Wilson.
II. 401 Water Quality General Certification Violations
a. The sediment and erosion control device in the pond around the culvert must
be removed. As discussed during the site visit June 3, 2009, other options to
prevent sediment from leaving the pond are more viable. Please detail
which option you propose to use until the site is stabilized.
b. The perched culvert and adjacent rip rap must be corrected as specified in
Water Quality General Certification No. 3705, condition No. 13. Please
detail how this will be accomplished such that turbidity standards are not
exceeded.
c. Please be aware that unless a prompt response is received by you, and unless
subsequent approved actions are implemented, the Division of Water
Quality may revoke the General Certification and require Grassmere
Enterprises, LLC to submit an application for formal written concurrence
with regard to the 401 General Certification.

waaau�cc cuicpnsw,�,�.�.
Mr.Donkin
Page 4 of 4
Thank you for your attention to this matter. This office requires that the violations, 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 Ms. Wilson or Mr. Barnett at [phone].
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources/Janet Boyer
Ms. Lori Beckwith, ACOE/Asheville
G:\WPDATA\DEMWQ\Haywood\Complaints-Misc\Grassmere,LLC dam breach\Grassmere NOV 6 2009.doc

1t •;T
�j
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 10, 2009
Mr. Mack Edmisten, Director of Public Utilities
City of Lenoir
Post Office Box 958
Lenoir, North Carolina 28645
Subject: Permit No. WQ0034127
City of Lenoir
Bushtown Gravity Sewer
Wastewater Collection System Extension
Caldwell County
Dear Mr. Edmisten:
In accordance with your application received on June 4, 2009 we are forwarding herewith
Permit No. WQ0034127, dated June 10, 2009, to the City of Lenoir 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 2H .0227 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 2H .0200; 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.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Lenoir June 10, 2009 Pagel,
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 Lenoir for the construction and operation of approximately 420 linear feet of 8-
inch diameter gravity sewer to serve a church office in the Bushtown area and the discharge of 770
gallons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system,
pursuant to the application received on June 4, 2009 and in conformity with 15A NCAC 2H .0200; 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 Lenoir
Lower Creek Wastewater Treatment Facility (Permit No. NC0023981) 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 Roy Davis at
[phone].
Sincerely, ✓(
F_&�_A
for Coleen H. Sullins, Director
Division of Water Quality
cc: Caldwell County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0023736)
Joel A. Whitford, PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF LENOIR
BUSHTOWN GRAVITY SEWER
CALDWELL COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034127
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 2H .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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
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 W00034127 City of Lenoir Bushtown Gravity Sewer Caldwell County, June 10 2009
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 2H .0200; 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 2H .0200; 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

•rmit No W00034127 City of Lenoir. Bushtown Gravity Sewer Caldwell County June 10,2009
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 10th day of June, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. ullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034127
3

Permit No W00034127. City of Lenoir, Bushtown Gravity Sewer. Caldwell County June 10, 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
420 linear feet of 8-inch diameter gravity sewer
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 2H .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.
North Carolina Professional Engineer's
seal, signature, and date:
...................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
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.

AX"A
-'
NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 11, 2009
Mr. Frank Todd, Jr., President
Etowah Sewer Company
Post Office Box 1659
Etowah, North Carolina 28729
Subject: Permit No. WQ0034128
Etowah Sewer Company
Western Carolina Community Action
Wastewater Collection System Extension
Henderson County
Dear Mr. Todd:
In accordance with your application received on June 5, 2009 we are forwarding herewith
Permit No. WQ0034128, dated June 11, 2009, to the Etowah Sewer Company 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 2H .0227 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 2H .0200; 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.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Etowah Sewer Company June 11, 2009 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 Etowah Sewer Company for the construction and operation of approximately 680
linear feet of 8-inch diameter gravity sewer to serve Western Carolina Community Action and the
discharge of 1,525 gallons per day of collected domestic wastewater into the Etowah Sewer Company's
existing sewerage system, pursuant to the application received on June 5, 2009 and in conformity with
15A NCAC 2H .0200; 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 Etowah Sewer
Company Wastewater Treatment Facility (Permit No. NC0071323) 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 Roy Davis at
[phone].
Sincerely, M
for Colee YH Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0071323)
G. Thomas Jones 111, PE
Water Quality Central Files
PERCS Files
i

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
ETOWAH SEWER COMPANY
HENDERSON COUNTY
WESTERN CAROLINA COMMUNITY ACTION
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034128
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 2H .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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
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.W00034128. Etowah Sewer Co. Western Carolina Community Action, Henderson Co.. June 11, 200:
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 2H .0200; 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 2H .0200; 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

mit No W00034128 Etowah Sewer Co Western Carolina Community Action Henderson Co., June 11 2009
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 11th day of June, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034128
3
......__....

Permit No W00034128 Etowah Sewer Co Western Carolina Community Action Henderson Co June 11 206
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
680 linear feet of 8-inch diameter gravity sewer
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 2H .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.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
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.

NCDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
June 11, 2009
Western Carolina University
Wiley Harris, Director of Facilities Planning Design and Construction
3476 Old Cullowhee Rd
Cullowhee, NC 28723
Subject: Request for More Information
401 Water Quality Certification
Millennial Initiative Project
DWQ Project# 09-0204
Jackson County
Response deadline: July 13, 2009
REQUEST FOR MORE INFORMATION
Dear Mr. Harris:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application (and subsequent revision dated May 5, 2009) submitted for the above referenced property.
Additional information will again 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. Please address the following issues with the design of the sand filters:
a. Volume in excess of the design volume must bypass the sand filter(i.e., the sand filter should
have a splitter device so that the first inch of rainfall is captured for treatment).
b. These systems require under drains. The under drains should be designed in accordance with
Section 5.7 of the DWQ BMP Manual.
c. Show the boundaries of the recorded drainage easement on the plan sheets.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 olle
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet:www.ncwaterquality.org Nol'ft�1Ca.101111i1 Naturally
An Equal Opportunity`.Affirmative Action Employer

WCU
DWQ#09-0204
Page 2 of 3
2. Please address the following issues with the design of the bioretention cell:
a. Consider organizing the plan sheets so that the information for the bioretention cell (plans,
profiles and planting plan) can be found conveniently on consecutive plan sheets.
b. Plants should not be backfilled with engineered soil that has been amended with compost
(approved media should be used; in addition, compost may hinder nutrient uptake).
c. Imported top soil should not be placed on top of plantings.
d. Provide watering specifications to establish the vegetation.
e. Explain how the berm that conveys flow from the building into the bioretention cell will be
stabilized to prevent erosion (currently the slope is approximately 20 percent in this swale).
f. Space the underdrains such that they provide more even coverage for the bottom of the
bioretention cell.
g. Show the boundaries of the recorded drainage easement on the plan sheets.
Please provide your response in writing to the addresses below prior to July 13, 2009. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit �.
1650 Mail Service Center %
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.

letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
titers or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time)by the DWQ. Please call Ms. Susan A. Wilson at [phone] or Ms. Annette
Lucas (919) 715 - 3425, if you have further questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Jackson County Planning
ARO File copy
Central Files
Mulkey Inc.-Cindy Carr/Warren Sugg
PO Box 33127
Raleigh,NC 27636-3127
G:\WPDATA\DEMWQ\Jackson\401s\09-0204WCU-Addlnfo ver2.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 12, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9159
Tim Phillips
878 Cascade Lake Rd
Pisgah Forest,North Carolina 28768
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-OP-0045
Stream Standard Violation - Other Waste (In-stream sediment)
Failure to Secure a 401 Water Quality Certification (WQC)
Removal of Best Usage (culverts)
Henderson County
Response deadline: June 30, 2009 or 15 days from receipt
Dear Mr. Phillips:
On May 20, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at the Soapstone subdivision in Henderson County.
Mr. Tim Fox (Henderson County Erosion Control) was present.
401 WQC condition and stream standard violations were noted during the inspection and file
review. Sediment and fill (culvert) impacts to an unnamed tributary to Soapstone Branch and
Soapstone Branch (Class C waters) and a downstream pond were documented.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .021.1
(3)f- Greater than 1,600 feet of an unnamed tributary to Soapstone Branch was impacted
by sediment deposition upwards of 16 inches throughout the stream reach, representing
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
I1. Failure to Secure a 401 WQC - Approximately 300 linear feet of culvert and associated
fill was observed on site. A file review confirmed that impacts occurred without a 404
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] t Customer Service:1-877-623-6748 /!I,
Internet: www.ncwaterquality.orq atur�iL✓U
An Equal Opportunity 1 Affirmative Action Employer

Tim Phillips
June 12,2009
Page 2 of 2
Permit from the U.S. Army Corps of Engineers, nor has a 401 Water Quality Certification
been issued by the DWQ. A Pre-Construction Notification submitted to DWQ is required
prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500. --
III. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 300 feet of Soapstone
Branch was impacted by culverts and associated fill representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please explain when construction(excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map.
c. Please submit a Sediment Removal Plan (Plan) to this office for review and
approval. The Plan must address removal of the accumulated sediment from the
unnamed tributary to Soapstone Branch and be submitted to the Division of Water
Quality for review and approval prior to implementation. You are encouraged to
secure an environmental consultant experienced in stream restoration to assist you
with your plan development, permit application and authorization necessary to
achieve compliance. It is recommended that your consultant contact Chuck
Cranford of the Asheville Regional Office for additional guidance during
restoration plan development. The Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.

A
�3
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
II. 401 WQ Certification
a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
d. Satisfactory stream restoration requires planting in accordance with the EEP
Publication "Guidelines for Riparian Buffer Restoration". This document is
available electronically at http://www.nceep.net/news/reports/buffers.pdf.
III. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features(e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
c. Please submit the following documents for review and approval:
• Stream Restoration Plan (pipe impacts)—Please explain how you plan to restore
the pattern, profile and dimension of the impacted stream channels to include
the removal of pipes, fill and riprap. The streambed must be restored to the
original profile, the stream banks must be stabilized, and any fill material must
be removed from the riparian zone. Replanting of the riparian zone will be
required.
• Permit Application—If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. Depending on the type of permits USACOE
requires,application for a 401 Water Quality Certification to DWQ will also be
required. Please note that sediment impacts to streams are not permittable.

Tim Phillips
June 12,2009
Page 4 of 4
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished, and if you plan to seek a permit for the
permittable impacts, when an application will be submitted
• It is required that you contact the Division of Land Resources and the U.S.
Army Corps of Engineers. These contacts are necessary to ensure that your
restoration efforts are in compliance with the Sedimentation Pollution Control
Act and Section 404 of the Clean Water Act.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
kcZv
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section `
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Tim Fox-Henderson County (e-copy)
Liz Hair—USACE (e-copy)
G:\W PDATA\DEM WQ\Henderson\Complaints\Soapstone\NOV-2009-OP-0045_6-9-09.doc

X
'
jP'A
Awt=
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
June 12, 2009
Mr. Richard Canipe
Town Manager
Town of Spruce Pine
138 Highland Avenue
Spruce Pine, N.C. 28777
SUBJECT: Technical Assistance Inspection
Status: In Compliance
Spruce Pine VVVVTP
NPDES Permit Number NCO021423
Mitchell County
Dear Mr. Canipe:
Enclosed please find a copy of the Technical Assistance Inspection form from the inspection, which
,gas conducted on May 26, 2009. Don Price and Keith Haynes of the Asheville Regional Office conducted the
Technical Assistance Inspection. As noted in the enclosed inspection report, the facility was found to be in
Compliance with permit NC0021423, but should review the current level of MLSS (mixed liquor suspended
solids). The current level of MLSS (greater than 4400 mg/L) can pose serious issues in the existing operating
mode and with the existing type of aeration currently used at the WVVTP. Also, please review the enclosed
information regarding "pumping systems" and "composting".
The ORC's, Mr. Darrell Graham, time and assistance in conducting the Technical Assistance inspection
is appreciated. Please refer to the enclosed inspection report for additional observations and comments, and to
contact me, should you wish to continue this TA into the sludge operation. If you or your staff has any other
questions, or if I can be of further assistance, please call me at(828) 296-4500.
Sincerely,
Don Price
VVVVTP Consultant
Enclosure
cc: Darrell Graham, ORC, Spruce Pine WVVTP
Central Files
Asheville Regional Office Files
G:\WPDATA\DEMWQ\Mitchell\Spruce Pine WWTP 21423\Spruce Pine TA\ARO_cover_letter_Spruce_Pine_TA.doc
One
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748 North Car ohna
Internet:www.ncwaterguality.org
iterauffirmorg Naturally
An Equal Opportunity�,Affirmative Action Employer

i
�_
�\
�/
\_

United States Environmental Protection Agency Form Approved.
E P^/'� Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO021423 111 121 09/05/26 117 181 DI 191 SI 20I II
Remarks
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ill
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 701 31 711 1 721 NI 73I ( 174 751 I I I I I I 180
Section B: Facility Data w
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) ,
09:30 AM 09/05/26 06/11/01
Spruce Pine WWTP
909 Creed Pitman Rd Exit Time/Date Permit Expiration Date
Spruce Pine NC 28777 11:45 AM 09/05/26 11/02/28
Name(s)of Onsite Representative(s)(ritles(s)/Phone and Fax Number(s) Other Facility Data
Darrell James Graham/ORC/828-765-3007/
Name,Address of Responsible Officiallritle/P hone-and Fax Number
Contacted
Robert Wiseman,PO Box 189 Spruce Pine NC 28777//704-765-3000/ yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance ■Sludge Handling Disposal 0 Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes /0 ARO WQ//828-296-4500/ �.r�•�
Don Price ff Point Source Branch//828-296-4500/ !_. —ft _© t
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat I
Roger C Edwards � ARO WQ//828-296-4500/ �(
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont. 1
3I NCO021423 I11 12I 09/05/26 1
17 18IDI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
A Technical Assistance evaluation was conducted at the Town of Spruce Pine's WWTP to offer assistance
in 0 & M, and electrical power conservation of the WWTP. The current WWTP serving the Town of Spruce
Pine consists of a Orbal Process concentric channel Oxidation Ditch with three aeration channels.
Data collected from the Oxidation Ditch on the day of the Technical Assistance revealed the following:
Outside Channel- DO = 0.27 mg/L, Temp.= 18.8 degrees C, MLSS =4300 mg/L;
Middle Channel - DO = 1.76 mg/L, Temp. = 18.7 degrees C, MLSS 4470 mg/L;
Inner Channel - DO = 0.63 mg/L, Temp. 18.9 degrees C, MLSS 4450 mg/L.
The data above indicates an average MLSS concentration of about 4400 mg/L, a more ideal range of
MLSS for the current loading would be 2500 to 3000 mg/L. To maintain this range would require increased
wasting and operation of the belt press. The system is designed to have very little to zero (0) DO in the
outer channel(DO was 0.27 mg/L), DO of 2.0 mg/L in middle channel(DO was 1.76 mg/L), and DO of 1 mg/L
in inner Channel (DO was 0.63 mg/L). The reduction(s) of DO in each channel is due to the system loading
(BOD) and keeping a high MLSS concentration in each of the three channels. This plus the fact that at the
time of the Technical Assistance, one rotor on the inner channel was out due the loss of a bearing, and
there was some issue with the operation of one, of the two 30 hp motors that drive the disc rotors in the
outside and inner channels.
To get the maximum efficiency possible out of the Oxidation Ditch process, MLSS must be managed to the
extent that for every pound of BOD that enters the WWTP, a pound of MLSS is wasted, thereby creating
equilibrium in the system. One WWTP in the Asheville Regional Office area located in Franklin, N.C.
operates an Oxidation Ditch with the same Orbal process as this one in Spruce Pine. They have replaced
the disc rotors with "floating" brush rotors that are more efficient and use less horsepower than disc
rotors.Each brush rotor also operates on its "own individual" motor, rather than being attached to several
rotors like the process in Spruce Pine. This change in addition to operating an "on-off' cycle of the brush _-
rotors has allowed the Franklin WWTP to achieve lower BOD and TSS concentrations in the systems
discharge and has allowed a reduction in electrical consumption at the WWTP.Aeration and mixing at a
WWTP consumes 30% to 60% of the total electrical consumption at a WWTP.
It is recommended the facility reduce the current MLSS concentration from 4400 mg/L to a target range of
3200 mg/L, taking MLSS samples of the ditch throughout the wasting process. Also, control of
DO(Dissolved Oxygen) should be reviewed, to keep the DO in the middle channel a little above 2.0 mg/L
(recommend 2.3 mg/L), and the DO in the middle channel a little above 1.0 mg/L (recommend 1.3 mg/Q.
The advantages of using an on-off operation to DO control are as follows:Nitrate-N (NO3-N) removal can be
achieved, overall oxygen requirements can be reduced, energy cost will typically be lower, alkalinity can be
recovered as a result of denitrlfication, sludge settleability may be enhanced, and effluent quality should
improve.
The disadvantages of using on-off operation are as follows: greater operator attention is required, capital
costs are incurred because of rotor changes/modifications, and poor effluent quality may occur if on-off
control is not managed properly (currently Spruce Pine eff. TSS averaged about 23 mg/L),In addition to DO
control, additional sludge management is needed to keep the MLSS at the recommended 3200 mg/L level.
The use of existing tankage and area should be reviewed for composting and/or sludge storage.Any change
made to the WWTP should have operational flexibility built-in to maintain a quality effluent and provide the
maximum protection to the receiving stream.
Page# 2

Permit: NC0021423 Owner-Facility: Spruce Pine WIMP
Inspection Date: 05/26/2009 Inspection Type: Technical Assistance
There is additional information regarding "co m posting","tests for pumping system efficiency", and a
"pumping system sourcebook", to assist you in finding cost saving measures for the WWTP and System.
The majority of cost identified in the information regarding utility billing (power bills) for Spruce Pines system
are occurring from Raw Water Pumping. Hopefully the information, "pumping system efficiency" and
"pumping system sourcebook", will allow ideas that can be implemented to save on the utility billing.
The time and assistance of Darrell Graham in conducting the Technical Assistance is appreciated.
Page# 3

Permit: NCO021423 Owner-Facility: Spruce Pine WWTP
Inspection Date: 05/26/2009 Inspection Type: Technical Assistance
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 ■ n n n
Judge, and other that are applicable?
Comment: More frequent process control data should be collected. Facility currently
conducts process conrol (MLSS conc.) of 1x/week. This should be increased to 3x/week.
Oxidation Ditches Yes No NA NE
Are the aerators operational? ■ ❑ n n
Are the aerators free of excessive solids build up? ■ 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
Are settleometer results acceptable(>30 minutes)? ❑ ❑ ❑ ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) n ■ n n
Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) ❑ n ❑ ■
Comment: Facility currently utilizes a Orbal 3-stage aeration Oxidation Ditch. Uses -
disc rotors to supply aeration and mixing. Would recommend that facility investigate
replacing "disc rotors"with individual "brush rotors" using an on-off operation based
upon DO levels in the ditch. This process, in addition to increased wasting to control
MLSS to a 2500mg/L to 3000 mg/L range would improve the overall system efficiency
and electrical consumption.
Page# 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 12, 2009
Mr. Lee Smith
Water and Sewer Utilities Director
City of Hendersonville
P.O. Box 1670
Hendersonville, N.C. 28793-1670 -
SUBJECT: May 19, 2009
Compliance Sampling Inspection
Hendersonville WWTP
Permit No: NCO025534
Henderson County
Dear Mr. Smith,
Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection
conducted on May 19, 2009. Don Price and Keith Haynes of the Asheville Regional Office conducted the
;ompliance Sampling Inspection. Based upon results of samples collected at the facility, it was found to be in
Compliance with permit NC0025534, but issue(s) with composite sample collection and operation and
maintenance of secondary clarifier(s) should be addressed.
Please refer to the enclosed inspection report for these and additional observations and comments. If
you or your staff have any questions, or wish to sit down and discuss the findings in this report, please call me
at [phone].
Sincerely,
Don Price
Price
WWTP Consultant
Enclosure
cc: Vince Edwards, ORC
Scott Chovan, Lab Manager
Central Files
Asheville Regional Office Files
G:ANPI:AJ-IUEC,IV C)'tHenaerioii`,k25534 Heidersonville VVVV-fP11Aay 09_Henclewriviile VVWI P"INCO025534_Nlay_09_CSI_Cover__.do
One
2090 U.S.Highway 70,Swannanoa.NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748 North Caro hna
Internet.www.ncwaterquality.org Naturally
An Equal Opportunity t Affirmative Action Employer

�'_
r._._,
`�
__

United States Environmental Protection Agency Form Approved.
EPA
^ Washington,D.C.20460 OMB No.2040-0057
cr/`1 Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO025534 Ill 121 09/05/19 117 181 SI 191 SI 201 I
Remarks
211III IIIIIIII IIII IIIIIIIIIIII jIIIIIII IIIIIIIII _I 6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved---------------------
67I 169 70 iU 711 I 721 NJ 73 L_U 74 751 I I I 1 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)
08:30 AM 09/05/19 06/06/01
Hendersonville WWTP
80 Balfour Rd Exit Time/Date Permit Expiration Date
Hendersonville NC 28792 11:30 AM 09/05/19 10/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Scott Chovan//828-696-0874 /
Vincent Edwards//828-697-3077 /
Name,Address-of Responsible Official/Title/Phone and Fax Number
Contacted
Lee Smith,PO Box 1760 Hendersonville NC 287931760//828-697-1707/
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Fl ow.Measurement Operations&Maintenance Records/Reports
Self-Monitoring Program N Facility Site Review Effluent/Receiving Waters Laboratory
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
Keith Haynes /!) ARO WQ//828-296-4500/ ../l ' `
Don Price e? Point Source Branch//828-296-4500/
) +T r'
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date.
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NCO025534 I11 12I 09/05/19 17 ISI I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) `The results of composite samples collected at the facility during the inspection revealed the following:
Inf. - BOD-160 mg/L,TSS-205 mg/L; Eff. - BOD-2 mg/L, TSS-6.2 mg/L, Fecal Coliform-57 colonies/100ml;
Eff. pH-6.91 su, DO (Dissolved Oxygen)-8.65 mg/L, Eff. Temperature-17.7 degrees C.
BOD and TSS reduction are in compliance with 85% removal requirement of permit. BOD % removal = 98.7,
TSS % removal = 96.9.All the results are reflective of data reported on DMR's, and reveal compliance with
NPDES Permit NC0025534.
Also;
During the inspection, Don Price and Keith Haynes of the ARO, in addition to Vince Edwards and Jim
Bennett with the City of Hendersonville VWVTP walked down to the receiving stream to observe the
discharge from pipe 001. No indication of negative impacts to the receiving stream or outfall right of way
were observed. Also, there was no indication of overflows or system bypasses to the receiving stream.
Hendersonville VWVTP staff indicated their understanding of the 24 hour reporting requirement for overflows
and bypasses in addition to proper operation and maintenance of the facility.
As noted in the previous section of this report addressing composite sampling, staff are required by the
permit to collect a minimum of 100 ml per sample during each`24-hour period by means of continuous
sampling or combining grab samples in such a manner as to result in a total sample=representative of the
wastewater discharge during the sample period. Also, note the section addressing secondary clarifier
operation, staff are required by the permit at all times to provide the operation and maintenance resources
necessary to operate the existing facilities at optimum efficiency.
Based on results of samples collected and observations made at the facility during the inspection,the facility
was judged to be in compliance with NPDES permit NC0025534. Please address the 100 ml sample issue,
and the algae and scum accumulation on the secodary clarifier, and note that every effort put forth to have
each part of the system operating at optimum efficiency, keeps the entire WWTP operating at optimum
efficiency with no negative impact to the receiving stream.Thetime and assistance of all Hendersonville
VWVf P staff including Denise Kinchen and Scott Chovan in the Lab, in conducting the inspection and
collecting samples are greatly appreciated.
Page# 2

Permit: NCO025534 Owner-Facility: Hendersonville VVWTP
Inspection Date: 05/19/2009 Inspection Type: Compliance Sampling
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters, for ex.- MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n n n
Judge, and other that are applicable?
Comment:
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 n n
#Are there any special conditions for the permit? ■ ❑ n n
Is access to the plant site restricted to the general public? m o n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available, complete and current? ■ n n n
Are all records maintained for 3 years(lab. reg. required 5 years)? ■ n n n
Are analytical results consistent with data reported on DMRs? n n n ■
Is the chain-of-custody complete? n no ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses n
Transported COCs n
Are DMRs complete: do they include all permit parameters? ■ n n n
Has the facility submitted its annual compliance report to users and DWQ? ■ n n n
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ■ n n n
Is the ORC visitation log available and current? ■ n n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n
Is the backup operator certified at one grade less or greater than the facility classification? ■ n
Is a copy of the current NPDES permit available on site? ■ n n n
Page# 3

Permit: NC0025534 Owner-Facility: Hendersonville WVVTP
Inspection Date: 05/19/2009 Inspection Type: Compliance Sampling
Record Keeping Yes No NA NE
Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑
Comment:
Influent Samplinq Yes No NA NE
#Is composite sampling flow proportional? ■ n n n
Is sample collected above side streams? ■ ❑ n ❑
Is proper volume collected? ■ ❑ n n
Is the tubing clean? ■ n n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n ❑ ❑
Is sampling performed according to the permit? ■ ❑ n ❑
Comment:
Flow Measurement-Influent Yes No NA NE
#Is flow meter used for reporting? ■ n n n
Is flow meter calibrated annually? ■ n n ❑
Is the flow meter operational? ■ n n n
(if units are separated) Does the chart recorder match the flow meter? ■ n n n _
Comment:
Pump Station -Influent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ■ ❑ n n
Is the wet well free of excessive grease? ■ n n ❑
Are all pumps present? ■ n ❑ n
Are all pumps operable? ■ ❑ n n
Are float controls operable? ■ n n n
Is SCADA telemetry available and operational? n n n ■
Is audible and visual alarm available and operational? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual n
b.Mechanical ■
Are the bars adequately screening debris? ■ n n ❑
Page# 4

Permit: NCO025534 Owner-Facility: Hendersonville VWVfP
Inspection Date: 05/19/2009 Inspection Type: Compliance Sampling
Bar Screens Yes No NA NE
Is the screen free of excessive debris? ® 0 n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Grit Removal Yes No NA NE
Type of grit removal
a.Manual n
b.Mechanical ■
Is the grit free of excessive organic matter? ■ n n
Is the grit free of excessive odor? ■ ❑ ❑ n
#Is disposal of grit in compliance? ■ ❑ n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system
Is the basin free of dead spots? ■ n ❑
Are surface aerators and mixers operational? ■ ❑ In n
Are the diffusers operational? ■ n ❑ n
Is the foam the proper color for the treatment process? ■ n Q Q
Does the foam cover less than 25%of the basin's surface? ■ ❑ n n
Is the DO level acceptable? ■ ❑ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n ❑
Are weirs level? ■ 0 n
Is the site free of weir blockage? ■ ❑ n n
Is the site free of evidence of short-circuiting? ■ ❑ n n
Is scum removal adequate? ■ n n n
Page# 5

Permit: NC0025534 Owner-Facility: Hendersonville WIVfP
Inspection Date: 05/19/2009 Inspection Type: Compliance Sampling
Secondary Clarifier Yes No NA NE
Is the site free of excessive floating sludge? ■ ❑ n n
Is the drive unit operational? ■ n ❑ n
Is the return rate acceptable(low turbulence)? ■ n 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 ❑
Comment: A slight amount of scum was noted on the south clarifer. There was also
some algae noted on the skimmer arm as well as on the weirs and scum baffle.
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ■ n n n
Is the generator tested under load? ■ n n n
Was generator tested&operational during the inspection? n ❑ n ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n Cl 0
Is the generator fuel level monitored? ■ n n n
Comment:
Disinfection -UV Yes No NA NE
Are extra UV bulbs available on site? ■ n n n
Are UV bulbs clean? ■ ❑ ❑ n
Is UV intensity adequate? ■ n n n
Is transmittance at or above designed level? ■ n ❑ n
Is there a backup system on site? n n ■ n
Is effluent clear and free of solids? ■ n n n
Comment:
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
Comment:
Effluent Sampling Yes No NA NE
Page# 6

Permit: NCO025534 Owner-Facility: Hendersonville WVVrP
Inspection Date: 05/19/2009 Inspection Type: Compliance Sampling
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ Cl n n
Is sample collected below all treatment units? ■ n n n
Is proper volume collected? n ■ n n
Is the tubing clean? ® n n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ® n n n
Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n
Comment: Be sure that the volume is at least 100 ml per sample.
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? n ■ n n
Is flow meter calibrated annually? ■ n n ❑
Is the flow meter operational? ■ ❑ n n
(If units are separated) Does the chart recorder match the flow meter? ■ n ❑ n
Comment:
Page# 7

n n m o d m o m x o
vm
o o> ° `m z m »M ID I cm 0o CO
o Na
o m
vv vMm
o ' w o K :3
D m s m 3 3 a ° m x
.�. N m N 3 vi z z
o� x w o• =+ nID O ID IT
2
m N 'm (D m cD z v z N Cr M a 2r O 7 N N N tad IM
c 03
0
o a. O @ 0, 0 f N N ((n » n T
3 3 v o• ;w �+' m
�i ° m S N -i Z
o r 0 o ° o o A
m 0
o m m �. °° o m 0 o
m
c
N � co = w' n m N o
0 OM N A o m N
a '7l
o a a m c g oo m p
v °. 3 3 m o m m
v y
N a m m S a 3
d m m cyi z m m o
y v w n ID y
o C o. fl.
n m m m CL
m3 - N 3 ID 0 N n
m
� m m o• _
cc s s m N a O
n a m m m
a
4 m 3 CA(D 3 p
V N N a :.
to
1p CD
o o kJ c m
a =ti c to z t�
w 3 lD :3 W T T
m m =ti m F
a p p (� O
a c N z O
w (D m < r
p
is F ❑ r
00 p
- mW oCD, p - m m w mcn r = o < o N p
3 v o L d ° 3 v
v m Ea n 3 m N d (D
N m n
N N cc 1O a N
. v Q
o
0 m m e
7 N N N X G 2 m C
m o. o v o N c
m OEr a
o s o ° m (o
E.,y o X c
0 0 A �
N v m o m v N (n
- c 4 p
0
o a0, lD m ] j Cf)
CL
C g o o v 3
9 a.: o
0 a(n m s a O n °
S o oCD ww m w
m v y v oOz v
t- C o c 3 ? G) m o 2 m c
m
7 TI a m m o N �' o. m
7J c ( w a a a ak
L� Q 2 0 o 0
O 3
N
m
t 0
N t0 41 N
p 0 O w
Z
U) to
. G

�\`
j-..
�.�
\��
\�_./

_< 00
p, N
O O
N 7
O �
m 0
z c
y M een
z
m
a 3 n 3
d
y C N
D
V
V AN. cr
Q
N N
a s
y
z
A
n
h
obi p A
,D r
`O O
z A
� O
c r`F
W V t71
W
o O
0
c
A
r
QJ n
3
D
n n y
m o a 3
r m m v
m -! o
3 dCD
se
o
a a 3
N 0Z Z
N
O
N
IJ 3 y
m m D o N
m D
m = a
z y W o Ja
O to
m
..
A

N N x N m 0 , z 2
' x a v m oc
'y an 'r D D n O n 0 0 0 ❑
n r O 7, z
m ° c i Q. 00 0 0 * Am '0 z 0
-I a; O O O 0 O
N
° o N N .T/ G » 'll -1
0 w
-4 !VU 2 .L W P �1 '° N d N N -r 'n U, O > ••
(n C) i
j N N
N A Oi AO n. O U a
n l I n
J
N tJJ Ut T. W O
o a � a o1i n
m m 3 m
� m
� m m a g w
n �
3 n
n 3 0 3
n c 3! z 3 9 3 �3 3 3 c 3 3 3 3 3 3 t lz
r
0 U a o
n WW
< O 0 m �� N w ;9 g 0) S G) 7t 'n c) 0 n Cl n 0 n m ❑ ElL' C T 'D N U C O O Q.
3 x a. 6 O a t M d. N ° 7 1 0 0 0 °' rtt O D
iT N N J N N N N 9 O
t n m S a
h o 'U n"Sl
_a VL N '
N N to (n N U p N tU ,-
�. o a m D
n
m rD G
m
S N d o7 @ 3 ° O ❑ ❑ U 0
U. .p V V V ry 7 n b W -n
O o 1D T D C
� 3 w
o t n -M
N w u3i c c . 1p 1 0 rC
D r r r ? ? o r ? r r p r' ? r El m — '{ C
n w @ m p o r
a cm <
N A �
N O
? 'n n n m D D G N Z fl 0 n T` "O V 'U z
N N 9 N j_ n O O 0 -1 ON z
LJ. ITJW 3 O ❑ El Elm c Dq
a D c) N r n a c7 > o n J
F a o m w J o �c o N��-- �` n Z Z m C N CD� in qNI (I
z m 0 O i' -{ 7C al D
a rn Ow N o m I C ni K
m N N N d V m N Z a { rG
'U
rn
m
A
N N
n D m'
2 q ❑ r r
Z m
I Z
L 3 3 3 3 3 3 n
w r
3 m
D 7 CD °
_N a w 3 3
N _ U c -0m o. a s I, 'n �o g m ? ,n r � O No � 1 w r
o N W o m m O ro 5 5 0 9 N J N K S 1° 3
'L O O a. N (j a j W C =1 . � 2 a U z
�J N W rit N V y� N n G ID 1p
J )C o m m e to m m m b c
x c o L7
m
N_ D, Z J a m n m 1° pAi ng o N n o. a n
{ m
�KK m n O el 'R, �d�pp o 3
n J

��,
�i
,�

Z �' W .. N D OX . AmN N A
0 ( O O m O O
nn � O m 7
D Sm m p CO O
000
G c m O_ -C m m 3 O
°- w w 7 w f!1 Q N n m O N
v3 0. ' < o- �' 0 Z
o m m < m `D 3 3 � O - M.
N 3 _ ° 3 m a
w N w CD O O a I� I D (� m
N M a E o = N w
a n�i (c N 0 A CA
0 O
o a o o m E N '* m m M I z
3 3 v �. s a fn
rC ° °�. m m 3 N o m z
c �. 00 0 0 0 7 ,y
v n m m
5- 0 0 oD o 0
o m = ° O m 0 °
w m m v m m 3
m a 0
ct
Qa. 3 3 s m o 0 3 O
V N rn
'O F CD ° N O N
m a ° b' 3 0 a 3
w 0 0m m c w 2 p
0 0— 0! m 0o
N O. 3 N
3 w m 7 z 4mi N C'
m m 3, 'm ° CD CD
3 n�
Z N w w —
o < °c a o_
v
A w m m a
m — N 3 Qo m n
3 v m °
N fzp m
wa ° -act a
w m DNi m O O
A w w
to n v m o 0
z m w C/) CD
Cl s (D m c ».
4 m 3 CD 3 O
w
to a C [aIV) /Q
a, c fJ o z �
w _« c o 0 i1 t
L. 3N CD fl1 m
4 A
a Q c: (4 z p
w m o m c�
o x a 'o p p z z in o
co p N m m w oCD
�tllV
to 3 ' 0 o w o
w o
v
3 v ww o s- m 3 N m t0
-° m m a w w c 7
cn tom'
m H
O Di {.� f3D m p � O IE
:3N C m X C a C5, N
"}�C�K:6185 -67'•""M4R .MLd"ndfx! �:'3`7NY'S C4.N: +kW X- m N p1 p
CL
O
S :9 t °INO j A 7 l�1-
v �-
Cl) S+ v k'N: a N p (D
m D _ ICU; m m m r
k °c-'a z m � 0 o_
r77 C u m
r n w K y g
v.. t -.4D v m N -o m a m m O 3
w m m ° o c °
,mm m
�( v 7 G v N m 0 vCD R
0
m
O tip y 3 ' a O
lq�. n �- -
if
m
m a
m 7� W N a a
A A W
f N co
0 N V O z
�C�N

0 0
N, n N
0 0 0
N �
m 0
n Z o
vDi m ^'
cn
# N
W 0) Z ?
a v r
o � o a o m m
r tr
n ti n m a 3
o " ° ° > v
a
d
a mm
m
u v
V
V > G
W
CD
• N
d �
U) `A
n
N
7
m
d
m p A
m m N r
? is o
0 A
N
to l�Ojl
ri
W N CC
j C n
VO rh
0.
W � J
W
IJ N (n
W
0. Q
N
C
D
0 0 0 m
c n_ C
N cf)
N Z zZ Z
O
N
D
rn n rn n cn V
a
m m
m o N
m = a o m A
Z Z
W o A
m
y O
m

a
� v
X � o m zo
c 0m 'O mo
D y
n m m 0 c p D F n 2 m N o 0 0 0 0 0 0 u ry m n A 00 --1
v o o
Z..
3 n O O 0 0 I 2 T G C T oG ° (p C T T W = A v .. .. ..
d D D � O N X w O" ••
t0 S S OJ A d D N r
N 0 i5 C A w V, n -• j n N O fn T O m 10
N N N N w A A N O O' N O W Sj A O O T x
R. °' N A A 1wT Owl p W 6 0 0 N
D d o o m m m m m
n
0
0 d > >
9.
a
3
m v o
3 3 3 3 3 c 3 3 3 3 3 3 # u 3 3 3 n N o-ZI
g 39 3 3 3
o H H u
o °
0 N x cr T T v c� C) 0 m ❑ ❑.
D N o o 0 0 :? ? 0 o
m �D d a o o 0 0 o d w ° n m 0 ➢
y m O
m 1 o m m "a m
^w o J o m m d o m v x x 2 ° tv o 3 A 9 -°J
N r N (Ail N N N O Z l'-C
rn ➢ 1 0 ➢
NO J N n n zZ7 (�
� { m < S
3 0 D N A Q
i N a G a ' ° ❑ ❑ z
n ^A o aOT
o •W m C ➢ O➢ m G
0
o
ui OT m t1
N me -cc 3 3 'c 3 t 3 3 3 3 3 n n -c z z 3 -� $ C c A
. Y ? ? � � o ? ? c c c '2 'r try r� m p C
T x a ,nr m 00 c D
N
< m Q
C) 0 c D ➢ G N U Z O n 0 7, V 'D v z z
< ? v c n U O O C7 o Q
C} ➢ ➢ N Z n O 0 A '� N Z txl 3 O ❑ ❑ ❑ Q
q n o mif v_> : N r n N N d ° D d �, fJ
N a m �. �' '� ° n D 3. 3 < U w z z m {N{u� � �-i Cn
m c c 3 o p c c' 3 a J '" Z m ➢
3 3 3 o N N m 3 3 n o T 0 cNi. o w x C m �n
m 1i o m J J o m m w 3 m ➢ v
v Q p J npi of N a N m n A 3 m
^ N N N J m z t�
p o m ( _
N d ❑ ®
G N ❑ T T
n z
O c
n (\
m m z Z \U
r r= f- tj�
E V r
3
m
➢ °
y
-i -i -i x to ➢ z K K C. o
y Y N _ = c = m 4. ,o �°' 'a m m 9l In _� 00 1
Z O r
m S
a N N v o m GI m O m = > > obi m Enasi 3 m w " m m a
N D W O
f�fl
(7 N W X o
• N 0 m O ni p�p.� O 3 o w a
m D a 1D a m 3 N m m o
to ➢ z N N n
r� m N o
3 v { 0 m N o v
n � o
N N 0 tO t0 t 1.3
. N014
D ? r r r r
n �
N

? W W N W W N n 0 m r w N O X O
0 ;oM n n n w O m 0 3 m - N v jv
Z c
c °c m m 3 W
mNwm
'o v
3 w �m
w
oy z <
< m o <
X 3 3 z Z3 N
N
s X m. co v =+ v S n O ID D I'n 2
v , m mI <m (n � m y O n (y W z0
o o o ^ E = m la
v mm
3 3 -0 s �• � o A m y
3 m A g m
Q z
O £ p ?. Q O O 0
<' b c) m o
o m 'r o ° °' 2.
0
m O o o
n m w m w >
m CD U a 0 3 CL o N
0 o '1 OM m A 0 m m
CD O N N d Ti
7 d O m c Q m m O
v ff 3 3 N o m
rn a - ; 8 3 d y 3
ro o > m c w O
o w K •G A. m O
y d (D
w w m R O 'zZ m N O-
N
c N 3, m o - 3 w
Z v no w w —
m a CD
n d m m Q
CD
� v m
_3• N o
el ' m Q C,6 d N (D
o �
01 � m ' m o• o
m 91 3 om m p1 r
7 0- N d 9w fD 3 _
n n- N m 3 m
N O O n
CD
4y w m 3 !4 o
CD
m an d v o mra l�1br1^a�
CA 3w iD
m A
W m A
o {7
x c p p 0 m m W p in o � 5.ILI-Nl� O
y w o < o m O 3 -I
3 v@ a °- m 3 3 3
N m N w m (p
m o 9 CD
0 a
m N m _ -0 v
a
o �-' 3 3 0 m o M N N.
w O 3 m r s o
�_ o
N w X G O
cn
k`,i ia:• 4 3- C'. :Y_s+�n Yg '..Ate' +, a3C Q�5� O- L 0 r w S
r ! yv d rci m m 3
^• o t0
Y as ,: a a ° m cn
f 1 gg
O j A 7
a p a T
© �° m m r
�} v.m m m m w (n
c, Co m -o o o,
m w v 3
D
O
ca of to -O o m f m m Z v
o M O c m
IC, m `m 'o O CO is m m 3
aI 4 1 CO a io m CD om- m. m
�P a m o < <
m m ac
f
r = CL
m
i
N
' m
f p
rr 3F f O
O Z o
10

��
�,i

m 0 0
o o
m �
v
m n
n Z c
U)i m ^'
in
m w
O A
m 0O N z
° v
m m
o c a a m
0 y 3
C m N m ;a
o m a $ m
Z =_ m
_D _ if A
v D >
ol A N Sf
tT O o Q
N O m
GA N
3
y �
<n C�
tD
n
eo
A
d � h
A A
to N
z
n A
4 0
40
/0
C"
N v1
u m (O
N (,
ip C_ �
W O N
u O 1�
o
00 m �
m �
C
7
n
r r
n n
0 0 w
c chi cCDi "6
3 m o
� � L N
O z z
POZ
0
N
N n n N U
? n A N K
m m too -1 O CA
m m = a N m co
z zca
o A
ttoo lu
tD

�-__
�c_-��
_.___..

ftm
3 9
N1D pmy oa X u m d OO m Omm C
z0 ° 00oo0
o -1 n w m a a a a o 0 0 0 0 0 0 c a -n1 D {
3 \ N m E = o to m A O z ..
N 0 .n C co T o O N C
-i 0 x
N n C A m W Vf 6 j m y S N Tn 2 n 10
N m Uf W A A N d 2 N N N N T am
N j
m p x w
m �
ry_tpU � ,30 � 10 j
a
n v No 3
N o m 0 r r r ? r m ? r o 0 0 0 r ? ?
� fan v3i vi 3
n o
El{ El0 n C � C n ) ) m
o g a?
R o ° w d n m00mn
>ro
W 0 m m
h w S o .9 -0 In
m= O W Z G) f
m w m -i O O z
El El a V
a<mp O
9 o mA r SNOZ
at
o �a . D D 0
b 0• ,3, n z 3I D
2 m ? OT m M
M
q m L L L 3 3 L 3 L 3 3 3 3 3 p p p L 3 1 O C P A
,p n ,o 'p 3 fp fp ,p o c c c fp m o y
9 D ? ? fe ? f= a ? Q, P -r "m ? ? ? 3 0 m C
l N 4 N C
< a
m O
N N
N n O
N p S C
in m 0 0 cmn L. io < v Z a v ZO Ti. = O n n
D m ? fn N f' Z n 0 n p O Q o N Z w 0 ❑ ❑ ❑ ❑
f° w N z 'w° m twit m N
< v a z z w N -I m
m v Z m m O ? -i x A D
a 3 3 o N u rn 3 3 coif ow N o m c m rn
ZHI
{
G o v
m
A W N El
N
n D Z T
m 4 r
0 2 C C
z Z
y N 1
y A L L 3 L s L L L L c t L 3 a 3 3 3 3 3 D
� � r ? ? � � � � � ?
w v r
3 m
W � o
n 3
'2 3.N v v u v Q O O m D y H
as I a 00
p m <N Y ? x i3 x n w w m w N m w w_ m m w
v N d O m O m O = > > w 3 S p 3 P
-fU w w m Z m O O �. 0 (j G w e I N w d,(D (D Z
A v N N P . N U C W 10 3
m x. x 4 mm S 0 0' 0 3 c' p 3 m v a m v
A 0 2 'O O
{ <O old T m o v Z.
. 3 0o v
A N O r r
LLL
n

��_
i

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 15, 2009
Haywood County
DWQ Project 20090667
Bridge 47
NCSR 1318 (Grindstone Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J.B. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina, 28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below, for the following impacts in Jonathan Creek for
the purpose of replacing the existing bridge across Jonathan Creek on NCSR 1318 (Grindstone Road) in Haywood
"Ounty:
Stream Impacts in the French Broad River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Impacts in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft) linear ft linear ft (linear ft) linear ft
Sites 1,2,3 and 4 0 0 0 160 160 0
Total 0 1 0 1 0 160 160 0
Total Stream Temporary Impacts for Project: 160 linear feet.
The project should be constructed in accordance with your application dated May 28, 2009 (received June 8, 2009),
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. 3704,corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Numbers 31. In addition, you should acquire any other federal, state or local
pert-nits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
1RFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One.ocation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone]M FAX:[phone]I Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org lVatu` lN�/Jy
An Equal Opportunity'.Affirmative Action Employer

Mr. J.B. Setzer, P.E.
June 15, 2009
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 must be installed and maintained on the project site until all disturbed soils are
permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control
mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in
place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas.
3. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
October 15 through April 15 to protect the egg and fry stages of trout.
4. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction �-
contours and elevations. The impacted area shall be revegetated with appropriate native species.
5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW) or Water Supply I or 11 (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
7. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ.
8. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the culvert and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
9. 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.
10. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
11. All bridge construction shall be performed form 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.
12. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
13. 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.

Setzer, P.E.
15, 2009
.ge Three
14. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
15. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in amanner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
16. 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.
17. 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.
18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
20. 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.
21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
22. 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.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
-4. 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.
25. 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.
26. 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.
27. 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.
28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
29. Upon cornpletion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh,North Carolina 27604.
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
rederal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
CAMA permit.

Mr. J. B. Setzer, P.E.
June 15, 2009
Page Four
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. if modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. if you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
�---Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
Mark Davis, Division 14, DEO
Chris Lee, Division 14, Bridge Maintenance Engineer
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
090667(Setter)Bridge 47 NCSR 1318

kPIWj
j AMWM.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 16, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9166
Mr. James Kunevicius
Coastal Ventures Group II LLC
127 N. Tryon Street
Suite 602
Charlotte, North Carolina 28202
Subject: NOT ICE OF VIOLA T iON
NOV-2009-PC-0507
Compliance Evaluation Inspection
Blue Ridge Country Club Wastewater
Treatment Plant
Permit No. NCO080098
McDowell County
Dear Mr. Kunevicius:
Enclosed please find a copy of the Inspection Report from the Compliance Evaluation
Inspection conducted May 28, 2009, by Janet Cantwell of the Asheville Regional Office. The
treatment facility was found to be in violation of Permit NCO080098 for the following:
Inspection Area Compliance Issue
Permit Failure to repair and implement the spray irrigation system per
permit Condition A. (3) 2. which states:
"Upon completion of the repairs to the spray irrigation system,
Blue Ridge Country Club Development is allowed to discharge
to surface waters from November 1 to March 31 and when the
spray system is not useable."
The "intent" of Condition A. (3.) 2. refers to weather and
environmental conditions and not to a failure of finishing
repairs on the spray irrigation system.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �gtu�q�j�
Internet:www.ncwaterquality.org

Mr. James Kunevicius
June 16, 2009
Page Two
Inspection Area Compliance Issue
Operation & The audible and visual alarms for the effluent pump are
Maintenance inoperable and should be repaired.
Please refer to the enclosed Inspection Report for any additional observations and
comments.
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within fifteen (15) working days of receipt of this letter with a timeline for repairs
and implementation of the spray irrigation system. 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 Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Attachment
cc: DWQ Asheville Files w/ attachment
DWQ Central Files w/ attachment
Bob Guerra/ DWQ Enforcement Files w/ attachment
James & James Environmental/ ORC w/ attachment
Dennis Perk/ Homeowners Association w/ attachment
Mike Nedrow/ Linville Falls Mountain Club w/ attachment
GAWPDATA\DEMWQ\Mcdowell\80098 Blue Ridge Country Club\80098 NOV-2009-PC-0507.doc

United States Environmental Protection Agency Form Approved.
J n Washington,D.C.20460 OMB No.2040-0057
i �1
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 11 NCO080098 Ill 121 09/05/28 117 181 CI 19I SI 201 I
Remarks
2111111111111111111111111111111 [ IIIIIIIIIII1II11I6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved--------------------—
67I 169 701 I 711 1 721 NI 73)L I '74 751 I I ( I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:30 AM 09/O5/28 05/05/01
Blue Ridge Country Club WWTP
17677 Hwy 221 N Exit Time/Date Permit Expiration Date
Marion NC 28752 11:16 AM 09/05/28 09/12/31
Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Wil Garner,5615 Potters Rd Matthews NC 28104//704-821-8972/70482160 5
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports
Self-Monitoring Program ®Facility Site Review
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) ^ 6./ e� Agency/Office/Phone and Fax Numbers Date
Janet Cantwell f/ ARO WQ//828-296-4500 Ext.4667/
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# t

NPDES yr/mo/day Inspection Type (cont
3I NCO080098 I11 12I 09/05/28 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Juanita James of James & James Environmental/ ORC and Dennis Perk/ Homeowners Association
assisted in the inspection.
Permit information:
This permit will expire on December 31, 2009. Please note that renewal of this permit must be made 180
days prior to expiration of the permit under Part II, Section B.10 of your NPDES permit.
At the time of this inspection it was noted that the spray irrigation system has still not been repaired from the
hurricane damage which occured in September 2004.
Item A. (3) 1.of your NPDES permit "Schedule of Compliance" contained in the original permit dated
2/14/2005 to become effective 4/1/2005 has not been completed to date. It reads: "The non-discharge
components of the treatment system shall be repaired within one year of permit issuance......"
Item A. (3.) 2. of your NPDES permit states "Upon completion of the repairs to the spray irrigation system,
Blue Ridge Country Club Development is allowed to discharge to surface waters from November 1 to March
31 and when the spray system is not useable."
The "intent" of"not useable" in A. (3.) 2. of your NPDES permit refers to weather and environmental
conditions and not to a failure of finishing repairs on the spray irrigation system.
A current and complete copy of the permit should be kept at the facility.
The flowmeter was calibrated 11/11/08 and the chart paper was changed 5/26/09.
A service agreement is maintained on the generator.
The generator is set to run for 30 minutes every Thursday.
Audible and visual high water alarms are recommended for the equalization basin.
The effluent pump's audible and visual alarms are not operable and should be fixed.
The facility is in need of maintenance and is showing signs of peeling paint and rust.
Several areas of erosion were observed around the perimeter of the facility. These need to be filled.
The broken latch on the small gate needs replacement.
Trees and shrubbery surrounding the entrance road leading to the WWTP should be trimmed back.
Page# 2

Permit: NCO080098 Owner-Facility: Blue Ridge Country Club WWTP
.:tion Date: 05/28/2009 Inspection Type: Compliance Evaluation
:rmit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ Cl ® n
Is the facility as described in the permit? ® � n Q
#Are there any special conditions for the permit? ® n ❑ n
Is access to the plant site restricted to the general public? ® ❑ 0 ❑
Is the inspector granted access to all areas for inspection? ® 0 n n
Comment: This permit will expire on December 31, 2009. Please note that renewal of
this permit must be made 180 days
prior to expiration of the permit under Part II, Section B.10 of your NPDES permit.
Item A. (3.) 1. of your NPDES permit "Schedule of Compliance" contained in the original
permit dated 2/14/2005 to become effective 4/1/2005 has not been completed to date.
It reads: "The non-discharge components of the treatment system shalt be repaired
within one year of permit issuance......"
Item A. (3.) 2. of your NPDES permit states "Upon completion of the repairs to the
spray irrigation system, Blue Ridge Country Club Development is allowed to discharge
to surface waters from November 1 to March 31 and when the spray system is not
useable."
At the time of this inspection it was noted that the spray irrigation system has still not
been repaired from the hurricane damage which occured in September 2004.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ® ❑ Q D
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ Q 0 ❑
Judge, and other that are applicable?
Comment:
Record Kee in Yes No NA NE
Are records kept and maintained as required by the permit? ® ❑ n Q
Is all required information readily available,complete and current? ❑ N 0
Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ 0
Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ■
Is the chain-of-custody complete? ❑ 0 0
Dates,times and location of sampling fl
Name of individual performing the sampling Q
Results of analysis and calibration n
Dates of analysis
Page# 3

Permit: NCO080098 Owner-Facility: Blue Ridge Country Club WWrP
Inspection Date: 05/28/2009 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ n n n
Has the facility submitted its annual compliance report to users and DWQ? ■ n n I_1
(If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ Cl ■ Ej
Is the ORC visitation log available and current? ■ n n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n
Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n
Is a copy of the current NPDES permit available on site? ❑ ■ n n
Facility has copy of previous year's Annual Report on file for review? ■ n n n
Comment: A current and complete copy of the permit should be kept at the facility.
Flow Measurement-Influent Yes No NA NE
#Is flow meter used for reporting? ■ n n n
Is flow meter calibrated annually? ■ n n n
Is the flow meter operational? ■ n n ❑ �
(If units are separated)Does the chart recorder match the flow meter? ■ n n n
Comment: The flowmeter was calibrated 11/11/08 and the chart paper was changed
5/26/09.
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ n Cl n
Are all pumps present? ■ n n n
Are all pumps operable? ■ n ❑ n
Are float controls operable? n ❑ n ■
Are audible and visual alarms operable? n ■ n n
#Is basin size/volume adequate? ■ n n n
Comment: The equalization basin is not equipped with audible and visual high water
alarms.
Aeration Basins Yes No NA NE
Page# 4

Permit: NCO080098 Owner-Facility: Blue Ridge Country Club WWfP
.tion Date: 05/28/2009 Inspection Type: Compliance Evaluation
ration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ® D D n
Are surface aerators and mixers operational? D n ® n
Are the diffusers operational? ® D D
Is the foam the proper color for the treatment process? ® D D D
Does the foam cover less than 25%of the basin's surface? ® D D D
Is the DO level acceptable? D D D ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) D D D ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® D D D
Is the site free of excessive buildup of solids in center well of circular clarifier? D D ■ D
I\re weirs level? ® D D D
Is the site free of weir blockage? ■ D D D
Is the site free of evidence of short-circuiting? ® D D D
Is scum removal adequate? ® D D D
Is the site free of excessive floating sludge? ® n D n
Is the drive unit operational? D D ! D
Is the return rate acceptable (low turbulence)? ■ D D D
Is the overflow clear of excessive solids/pin floc? ■ n D D
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ❑ n n ■
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ D D D
Are the tablets the proper size and type? ® ❑ ❑ D
Number of tubes in use? 3
,Is the level of chlorine residual acceptable? ■ D D D
is the contact chamber free of growth,or sludge buildup? D D D
Page# 5

Permit: NCO080098 Owner-Facility: Blue Ridge Country Club WWTP
Inspection Date: 05/28/2009 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ o
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ ❑ n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 4
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n In
Is the generator tested by interrupting primary power source? n ■ n n
Is the generator tested under load? ■ n n n
Was generator tested&operational during the inspection? n n n ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n
Is the generator fuel level monitored? ■ n n n
Comment: A service agreement is maintained on the generator.
The generator is set to run for 30 minutes every Thursday.
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ n ❑ n
Is sample collected below all treatment units? ■ n n n
Is proper volume collected? ■ n n n
Is the tubing clean? ■ In n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ (_1 n n
Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n n
Comment: Temperature in the unit was at 1 degree Celcius.
Page# 6

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 16, 2009
Van Blake Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: Compliance Evaluation Inspection
Shoal Creek Trout Farm
Permit No: NCG530157
Transylvania County
Dear Mr. Ziegler:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection, which I conducted on June 10, 2009. The facility was found to be in
Compliance with permit NCG530157.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please call me at 296-4500.
Sincere-LY,
Keith Haynes
Environmental Senior Specialist
Enclosure
cc: Central Files
Asheville Files
G:\WPDATA\DEMWQ\Transylvania\Trout Farms NCG53\6.10.09CEIncg157.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCaro/li/na
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Vatut ally
Internet:www.ncwaterguality.org �/

\_
���
i
���
__

N
O
T #
C N
N
z a a
v
L
N N
C Y
A �
d
U r
U O
9 N
N �
R
A �
y
O N
L
F y
O
m E
o m
E m
o Z
E
O
O
6 3
Z Y
E a�i
�I N
O O
y L
z a O
u N N
z YN
c
m3
o76
o �
u
w w d a
oro (� N
Q z i �
E m u - `�..r
oa j
o v
w u
o ] I m F w
U m r z F
0 w w O i E
O 0 w x z'
u O Z — W
O N
tE
v A o w o 0
a Q N w
U I.
mu
n - z z
o zru
od
_ a ; -
U
m .� ° s ° o ui W o U
jT
� o o
az — oow
o c z
— E

_ o
3
CD
\ /
w ! ~ CD {! -
\
! \ - §
\
. CD } [
-
\ \ PO
§ CD
/
. . . ■ o o .
0 o o o o } o G ¥
{ o o ■ o G % ■ e i }
. , 0 0 02 0 \ o o )
. \ d
\ y
. . �.

ATPn
WMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 16, 2009
Mr. Tim Rayburn, Fire Chief
Enka Candler Fire and Rescue
Post Office Box 340
Candler, North Carolina 28715
Subject: Discharge of Vehicle Wash Water
Enka Candler Fire and Rescue
Buncombe County
Dear Mr. Rayburn:
Regulation of the North Carolina Environmental Management Commission permits
the disposal of individual non-commercial car washing wastewater so long as that wash
water is disposed of on the surface of the land and is not discharged directly to surface
waters ( see North Carolina Administrative Code15A NCAC 02T.0113).
On June 15, 2009 1 observed the location where the Enka Candler Fire and Rescue
washes vehicles. The vehicle wash area is directly above a storm drain leading to
Hominy Creek. You need to find a means to do necessary vehicle washing without
discharging washwater directly to the State's surface waters. Should you need to
discuss this matter please do not hesitate to call me at [phone].
Sincerely;
Roy M. avis
Environmental Engineer
Xc: Roger Edwards
GAWPDATATEM MBuncombe\Enka Candler Fire and Rescue.doc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarofina
Phone:[phone],FAX:[phone] Customer Service:1-877.623-6748 J�����`y,�//'/
Internet: www.ncwaterquality.org �/ ►� "y
An Equal Opportunity',.Affirmative Action Employer

Alm WA
CDE !�►
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 16, 2009
Van Blake Ziegler
Headwaters Trout Farms
26 Trout Haven Ln
Balsam Grove NC 28708
SUBJECT: Compliance Evaluation Inspection
Headwaters Trout Farms
Permit No: NCG530158
Transylvania County
Dear Mr. Ziegler:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection, which I conducted on June 10, 2009. The facility was found to be in
Compliance with permit NCG530158.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to contact me at 296-4500.
Sincerely,.
Keith Haynes
Environmental Senior Specialist
Enclosure
cc: Central Files
Asheville Files
G:\WPDATA\DEMWQ\Transylvania\Trout Farms NCG53\6.10.09CEI.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarollina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Ngtut allff
Internet:www.ncwaterguality.org

o m z < z z m 10 v -
> 3 v ° 3
rit CD
m9L
0 o C �
CD
v >
Ei
m
n m w m
o 3 a
3 y m _ a c
z
>
y y >
O O m
i m a .� ro 1O 3 E No
� '3
CDo
g o
m ;u
< °a -,. iO
CD
N O
s •
a -
w c
N
a>
94
_
° m
o
O S
�m
�m
m
£m
N z
�c o
N- N
m a 3
m� d
m o
—
_ o a
yo ,'°
-o n j
EF
m°
m
J� d
a
C m m —
N a A
m➢ urm
0�
(D d
N N a
N O m
-O
O V m
Ja °
�m
m -
0
m3 N
d H
m
CD
CD
3.CD
�o
m
u
N

M
z.. CI CI z ❑ ❑ CI CI ❑ "
d
z' ❑ ■ z ❑ ■ ■ ❑ ❑ rn
a
Z ❑ ❑ Z' ❑ ❑ CI ❑ ❑
d' ■ ❑ ; ■ ❑ Cl ■ ■
T T,
E
V7
w c
x
w a °
o N
z o �
G N
3 w
� - U
fN y
N
ii
m a
°
y m a rn
o n E m
° y i4 tO d u
u 3 o a c $ v
U -
N
C d d v - a
� _
° - r d a d
d E
n io wVn^' E d v E
ct

A K� YIF
'iA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 17, 2009
Cherokee County
DWQ Project 20090656
Bridge 15
NCSR 1331 (Hanging Dog Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J.B. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina, 28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below, for the following impacts in Owl Creek for the
purpose of replacing the existing bridge across Owl Creek on NCSR 1331 (Hanging Dog Road) in Cherokee County:
Stream Impacts in the Hiwassee River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Impacts in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft) (linear ft) (linear ft) (linear ft) (linear ft)
Sites 1 and 2 0 0 0 60 60 0
Total 0 0 1 0 60 60 0
Total Stream Temporary Impacts for Project: 60 linear feet.
The project should be constructed in accordance with your application dated June 1, 2009 (received June 8, 2009),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 31. 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
^cation 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North Carolina
one .www,ncwate6-450M FAX:[phone] Customer Service:1-877-623.6748 �Rtlfl'q��lf
„iternet: www ncwaterquality org
An Equai Opporlunily t Affirmative Aclion Ernployer

Mr. J.B. Setzer, P.E.
June 17,2009
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 must be installed and maintained on the project site until all disturbed soils are
permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Tall fescue shall
not be used in riparian areas.
3. In-stream work and land disturbance should be avoided during the sicklefin redhorse spawn season of April I through
June 15.
4. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW)or Water Supply I or II (WS-1, WS-II), stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
7. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ.
8. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the culvert and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
9. 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.
10. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
11. All bridge construction shall be performed form 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.
12. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
13. 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.

Fetzer, P.E.
, 2009
Three
14. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
15. 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.
16. 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.
17. 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.
18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
20. 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.
21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
22. 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.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
14. 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.
25. 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.
26. 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.
27. 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.
28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
29. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh,North Carolina 27604.
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.

Mr. J. B. Setzer, P.E.
June 17, 2009
Page Four
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
Mark Davis, Division 14, DEO
Chris Lee, Division 14, Bridge Maintenance Engineer
Ed Ingle, Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit'
Asheville Regional Office
090656(Setzer)Bridge 15 NCSR 1331

AC4 '
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 17, 2009
Macon County
DWQ Project 20090588
Bridge 178
NCSR 1393 (Wilds Cove Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J.B. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva,North Carolina,28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below, for the following impacts in Burningtown Creek
for the purpose of removing an in-stream sand and cobble bar and bank stabilization in Burningtown Creek on NCSR
(Wilds Cove Road) in Macon County:
Stream Im acts in the Little Tennessee River Basin
Site Permanent Reshape sand Bank Temporary Total Stream
Fill in and cobble Stabilization Impacts in Stream Impacts
Intermittent bar in in Perennial Perennial Impact Requiring
Stream (linear Perennial Stream Stream (linear ft) Mitigation
ft) Stream (linear ft) (linear ft) (linear ft)
(linear ft)
Sites 1 A, B, 0 135 25 40 200 0
C and D
Total 1 0 1 135 1 25 1 40 200 0
Total Permanent Stream Impacts: 25 linear feet. Total Temporary Impacts for Project: 175 linear feet.
The project should be constructed in accordance with your application dated May 19, 2009 (received May 27, 2009),
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.
`RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One ition:2090 U S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollrla
r;ione:828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 //y
Internet: www.ncwaterquality.orq atura/
-. f-;qual pppor r; ify',Affirmative Action Employer

Mr.J.B. Setzer, P.E.
June 17,2009
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. The permittee shall use/Design Standards in Sensitive Watersheds/[I 5A NCAC 413.0124(a)-(e)] in areas draining to
trout waters. However,due to the size of the project, NCDOT shall not be required to meet 15A NCAC 413.0124(a)
regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet, or similar annual grain) or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live
stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope
of stream bank.
3. 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 the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
4. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
April IS through October 15 to protect the egg and fry stages of trout.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW) or Water Supply I or 11 (WS-I, WS-I1), stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
6. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
7. 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.
8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.

Setzer, P.E.
/, 2009
Three
9. 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.
10. 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.
11. 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.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
14. 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.
15. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
16. 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.
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
18. 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..
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.
20. 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.
21. 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.
22. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
23. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604,
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.

Mr. J. B. Setzer, P.E.
June 17, 2009
Page Four
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker,USACE, Asheville Field Office
Mark Davis, Division 14,DEO
Chris Lee, Division 14, Bridge Maintenance Engineer
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Asheville Regional Office
090588(Setzer)Bridge 178 NCSR 1393

lkf;
vj
A
jAN
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
,tune 17, 2009
Sam Greenwood, Town Manager
Town of Franklin
188 West Main Street
Franklin, North Carolina 28734
Subject: Request for More Information
401 Water Quality Certification
Proposed public Works Facility
DWQ Project# 2009-0504
Macon County
Response deadline: July 20, 2009
'dear Mr. Greenwood:
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. Application Item B. 3d. requests the purpose of the desired impact. The provided narrative
provides a purpose not shown in the submitted plans and drawings. You must submit updated
drawings showing the intended structures in order to determine any necessary avoidance and
minimization that can occur.
2. Application Item B. 3e. requests a description of the project in detail. The supplied plans
indicate 230 linear feet of stream will be culverted. The provided narrative indicates that 217
liner feet of culvert is required. Please address this inconsistency in your response.
3. Application Item B. 4a. requests information regarding whether a jurisdictional determination
(JD) has been performed. The site visit indicated that wetlands may be present on the property.
All waters (stream, wetland, and open) must be delineated, and map developed, and JD
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service.1-877-623-6748
Internet:www.ncwaterquality.org Nor1hCa1011pa
;Vatllrally
An Equal Opportunity t Affumative Action Employer

Sam Greenwood
June 17,2009
Page 2 of 2
verification obtained and submitted as to determine if any other fills will be required for this
activity.
4. Application Item B. 6b. states that this project is for grading only, and does not include the
proposed Public Works Facility. Without the Public Works Facility, this project has no purpose.
Please amend your application to show that the Future Project Plans include the needed purpose.
Please provide your response in writing to the addresses below prior to close of business on July 20, 2009. Four
copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you prior to close of business on July 20, 2009, 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 Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
,,�, Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Lori Beckwith -US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Macon County Planning
ARO File copy
G:AWPDA"fA\DEMWQAMacon\401s\09-0504.FranklinPublicWorksFaciIity.Add In1o.do

i •.Ar
It,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 18, 2009
John Curtis Brown
1011 Jim Berry Road
Franklin, North Carolina 28734
Subject: Request for More Information
401 Water Quality Certification
Watauga Creek Stabilization and Bridge Replacement
DWQ Project# 2009-0505
Macon County
Response deadline: July 22, 2009
Dear Mr. Brown:
—"e Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
_pplication 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. Application Item A. 3a. requests the Owner Name on Recorded Deed. Also provided, is a
document of signatory authority from the Little Tennessee Watershed Association to Confluence
Engineering. The submitted Pre Construction Notification was signed by the principal of
Confluence Engineering. The agency has no way of knowing the relationship between yourself,
the Little Tennessee Watershed Association and Confluence Engineering. As such, any
delegated authorities should be from you to the other organizations. You must submit
Delegations of Authority between yourself and any group performing work on your behalf.
2. Application Item A. 3e. request a detailed project description. Neither the project description,
nor the attached plans, provide for how a natural, stable channel pattern, dimension, and profile
will be achieved. You must submit plans showing how a stable pattern, dimension, and profile
will be achieved. Additionally, a monitoring plan for determining the stability and success of the
proposed work shall be provided.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �)l1e
N()rtlCarolin.a
Internet:www.ncwaterquality.org
at rally
An Equal Opportunity',Affirmative Action Employer

John Curtis Brown
June 18,2009
Page 2 of 2
Please provide your response in writing to the addresses below prior to close of business, July 22, 2009. Four
copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
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 Chuck Cranford 828-296-4646, if you have any questions.
Sincerely,
V
CA
etiRoger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Macon County Planning
ARO File copy
G:\WPDATA\DEMWQ\Macon\401s\09-0505.WataugaStabiIizationandB ridge Rep Iacement.add-info.doc

ALPI�WA
" 4",a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 18, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9173
Charles Rogers
Highland Forest Partners, LLC
684 St. Andrews Road
Waynesville,North Carolina 28786
James W. Kirkpatrick III
Highland Forest Partners, LLC
37 Branner Avenue
Waynesville,North Carolina 28786
Highland Forest Partners, LLC
165 Bankstown Road
Brooks, Georgia 30205
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Highland Forest Subdivision
Project# 2009-0577
NOV-2009-SP-0014
Stream Standard Violation - Other Waste (In-stream sediment)
401 Water Quality Certification (WQC) Conditions
Haywood County
Response deadline: July 7, 2009
Dear Sirs:
On June 10, 2009, Susan Wilson and Kevin Barnett from the Asheville Regional Office of the
Division of Water Quality(DWQ) conducted a site inspection for Highland Forest along Browning
Branch in Haywood County. David McHenry of the North Carolina Wildlife Resources
Commission and Neill Yelverton and Joel McSwain of Wetland and Natural Resource Consultants
were present during the site inspection.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 NOrthCarolina
Phone:[phone] FAX:[phone] l Custorner Service:1-877-623-6748 '/�� �
Internet: www.ncwaterquality.org AatK "
An Equal Opportunity`..Affirmative Action Employer

Highland Forest Partners,LLC
June 18,2009
Page 2 of 4
401 certification and stream standards violations were noted during the inspection and file review.
Sediment impacts to Browning Branch and Medford Branch(Classified C, Tr) were documented
constituting certification and standard violations. It was observed that culverts installed under the
Water Quality Certification # 3705 were done so in violations of conditions of this Certification.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
I Stream Standard Violation Other Waste (In-stream sediment)
15A NCAC 02B .0211 (3)f
11 401 WQC Condition Violations
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—It was noted that at several of the stream crossings, gravel and sediment had been
deposited in both Browning Branch and Medford Branch, and their tributaries (all Class C,
Tr), representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
II. 401 WQC Condition Violations—Highland Forest Partners, LLC submitted a Pre-
Construction Notification (PCN). The impacts were requested under U.S. Army Corps of
Engineers Nationwide Permit(s) 29, and the corresponding General Water Quality
Certifications. Prior to issuance, while during a pre-application meeting, it was discovered
that multiple stream crossing replacements had been performed, and that these crossings
had been completed in violation of the applicable Water Quality Certification (WQC #
3705). Specifically, the following conditions had not been complied with:
• WQC#3705, Condition 6: Work in the Dry. It was apparent that the culvert
replacements were not performed in a dry work condition.
• WQC#3705, Condition 9: Concrete shall not come into direct contact with
surface waters. At least one of the culvert crossings had significant stone, and
masonry had been placed between replaced culverts without any protection of
surface waters present.
• WQC#3705, Condition 11: Stream rerouting shall require, prior to work, that a
plan for the relocated stream segment be submitted and approved. The
excavated and channeled stream segment directly below a culvert replacement
had no prior review, nor any plan review for this activity.
• WQC#3705, Condition 13: Culvert placement and positioning. Multiple
culvert replacements where placed in violation of performance requirements for
this condition, including, but not limited to, perching of culverts, inappropriate
alignment of culverts(causing downstream bank scour), establishing rip-rap
energy dissipaters below culverts without written authorization, culverts not
buried,etc.

Partners,LLC
.EQUIRED RESPONSE
This Office requests that you respond in writing on or before close of business on July 7, 2009.
Your response should be sent to both the attention of Susan Wilson, Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Stream Standard- Other Waste (In-Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response;
c. Please submit a Sediment Removal Restoration Plan (Restoration Plan)to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from all streams on-site. The Restoration Plan must be
submitted to the Division of Water Quality for review and approval prior to
implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with your plan development, permit
application and authorization necessary to achieve compliance. It is recommended
that your consultant contact Susan Wilson of the Asheville Regional Office for
additional guidance during restoration plan development. The Restoration Plan
should include the following:
• A narrative explaining how sediment, gravel, and rip rap will be removed and
how impacted jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Susan Wilson.

Highland Forest Partners,LLC
June 18,2009
Page 4 of 4
II. 401 WQ Certification `
a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured prior to beginning work.
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
d. Satisfactory stream restoration requires planting in accordance with the EEP
Publication"Guidelines for Riparian Buffer Restoration". This document is
available electronically at http://www.nceep.net/news/reports/buffers.pdf.
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 Susan Wilson at [phone].
Sincerely,
IV
ger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Lori Beckwith, US Army Corps of Engineers
David McHenry, NC Wildlife Resources Commission
ARO File Copy
Division of Land Resources
Jennifer Robertson, Wetland and Natural Resource Consultants
Haywood County Planning
G:\W PDATA\DEM WQ\Haywood\40I s\09-0577.H ighlandForest\09-0577.H ighlandForestS D.NOV2009SP0014.doc

CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 18, 2009
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-US Highway 64
DWQ Project 08-0396
TIP No. A-00I 1 BB
Clay County
Dear Mr. Setzer:
On June 11, 2009, I inspected the construction work on US Highway 64 in Clay County and the project
appeared to be in good shape. Construction work consist of heavy grading and pipe installation. The erosion
and sedimentation control structures, vegetative covering, and matting appear to be working properly.
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, }
�'` .96—
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer)US Highway 64 Inspection Letter.tune 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway.Swannanoa.NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NOrthCarolina
Internet:www.ncwaterpuality.org
An Equal Opportunity':Affirmative Action Employer
�������

DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker —� Date: June 11,2009
County: Clav Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0396 NW Permit#: IP#:
Project Name: U S Highway 64 Widening A-001 1 BB
Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County
Project Complete: ❑Yes X No if no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ Zone 1 Est Acres 1 71 ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes [-]NO Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): Downing Creek,John Reese Branch, Byers Branch, Chatuge Lake and
unnamed tributaries to Hiwassee River
Basin/Subbasin: Hiwassee 040501
Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US)
Stream Class: X❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— I/10"' acre ❑1/1 I"'to 1/3`d acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Reviewed project with Adam Dockery. Construction and pipe installation is underway. Sediment and erosion
control structures appear to be working properly.
Continue to maintain erosion control devices and continue with seeding and matting as required.
The project appears to be in good shape.
US Highway 64 Inspection June 2009

C ENS.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
"Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 18,2009
Caldwell County
DWQ Project 20090571
TIP No. 3932, Bridge 68
Mulberry Road
Approval of 401 Water Quality Certification with Additional Conditions
Mr. Charles Beck
Public Works Director
City of Lenoir
Post Office Box 958
Lenoir, North Carolina 28645
Dear Mr. Beck:
You have our approval, in accordance with the conditions listed below, for the following impacts in Lower Creek for the
purpose of replacing the existing bridge(No. 68)across Lower Creek on Mulberry Street in Caldwell County:
Stream Impacts in the Catawba River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Impacts in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft) (linear ft) (linear ft) (linear ft) (linear ft)
Site 1 0 0 70 60 70 0
Total 0 0 70 60 70 0
Total Permanent Stream Impacts for Project: 70 linear feet. Total Temporary Stream Impacts: 60 linear feet.
The permanent and temporary impacts cover the same stream length.
The project should be constructed in accordance with your application dated May 11, 2009 (received May 18, 2009),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Numbers 31. 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.
'RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
;ration:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �aturq���
Internet: www.ncwaterquality.org
An Equal Opportunity'•..Affirmative Action Employer

Mr. Charles Beck
June 18, 2009
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 must be installed and maintained on the project site until all disturbed soils are
permanently stabilized. Tall fescue shall not be used in riparian areas.
3. The City of Lenoir shall comply with the in-stream moratoriums requested by the NC Wildlife Resources
Commission.
4. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or 11 (WS-1, WS-I1), stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
7. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ.
8. Bridge deck drains should not discharge directly into the streams. Storrnwater shall be directed across the culvert and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
9. 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.
10. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
11. All bridge construction shall be performed form 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.
12. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
13. 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.

.rles Beck
,8, 2009
oe Three
14. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
15. 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.
16. 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.
17. 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.
18. The Permittee shall ensure that the final design drawings adhere_ to the permit and to the permit drawings submitted
for approval.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
20. 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.
21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
22. 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 City of Lenoir,
Public Works Director and the on-site project manager.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
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.
25. 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.
26. 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.
27. 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.
28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
29. Upon completion of the project, the City of Lenoir shall complete and return the enclosed "Certificate of Completion
Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be
returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,
Raleigh, North Carolina 27604.
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
CAMA permit.

Mr. Charles Beck
June l8,2009
Page Four
i`
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, USACE,Asheville Field Office
Heath Slaughter, Division 11, DEO
Transportation Permitting Unit
Asheville Regional Office
090571 (Beck)Bridge 68 Mulberry Road

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 18, 2009
Robert L. Hoilman
HPH Construction, LLC
12807 Highway 226 North
Spruce Pine, North Carolina 28777
SUBJECT: Follow Up to NOTICE OF VIOLATION Response
Kates Lane Project off NC Highway 226 North
Mitchell County
Dear Mr. Hoilman:
The Division of Water Quality is in receipt of your response to the issued Notice of Violation for the project
on Kates Lane in Mitchell County. We would like to offer the following:
• The stream channel through your property has characteristics of stream rerouting and straightening.
As you have asserted that the stream has not been altered, please provide documentation(pre-
project photographs, aerial photography,topographic maps, etc...)that would show the pre-project
conditions and location of this stream feature. Should this documentation not be available, please
provide a restoration plan that will provide for a stable stream pattern, dimension,and profile
through the project area, which is based on reference reach characteristics. Your consulting
engineer or a qualified environmental consultant may be able to provide assistance in this matter.
• Any buffer restoration should be performed in accordance with the attached Guidelines for
Riparian Buffer Restoration.
• You have proposed to contact the US Army Corps of Engineers for after-the-fact permitting of the
installed culvert. The associated Section 401 Water Quality Certification (WQC3705) requires that
once you have received a Notice of Violation for the project,that written concurrence be required.
Please submit 5 copies of the Pre Construction Notification to the central office address included in
the instructions with the appropriate fee.
• In addition to the stream segment identified in both the issued notice of violation,and your
response,there is a dug channel and a filled area that contains hydric soils. By copy of this letter,
the Division of Water Quality is requesting that the US Army Corps of Engineers verify the
presence or absence of wetlands on the property as part of the culvert permit application review.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Naturally
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

HPH Contracting,LLC
April 23,2009
Page 2 of 2
All requested material, including but not limited to, permit/certification applications, restoration plans or
supporting documentation, and a schedule for compliance, must be submitted by July 22, 2009. Should you
have any questions regarding these matters, please contact Kevin Barnett at(828)296-4657.
Sincerely,
� A&"�
ovl�oger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Division of Land Resources
David Baker, US Army Corps of Engineers, Asheville Regulatory Field Office
Mitchell County Planning
G:\W PDATA\DEM WQ\Mitchell\401 s\NOV20090P0035.HPHContractinglnc.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 18,2009
William D. Warnell
10253 North 226 Highway
Bakerville,North Carolina 28705
SUBJECT: Follow Up to NOTICE OF VIOLATION Response
Beech Glen Development
Mitchell County
Dear Mr. Warnell•
The Division of Water Quality is in receipt of your response to the issued Notice of Violation for the project Beech Glen
Development in Mitchell County. We would like to offer the following:
• With respect to the project name, staff of this office performed a site inspection in response to a complaint.
During the site inspection, real estate information was gained from a sales box on site, Taking the site location
and real estate information package to the Mitchell County mapping and property records office provided your
contact information as the owner/developer of this site.
• . The referenced 200 linear feet of culverts were a summation of the road crossings installed within the
development, for which, neither the US Army Corps of Engineers office nor this office had records of any Section
404 or 401 (Clean Water Act)authorization being issued. As this development enjoys the benefit of these un-
permitted crossings,the development must obtain authorization for them.
• The North Carolina Administrative Code defines Best Usage as"waters shall be suitable for aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of
water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to
be violating a water quality standard." The installation of culverts removes the defined usage at that point in the
water body, unless it has been authorized under Section 404 and 401 of the Clean Water Act.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 ;V��������
Internet: www.ncwaterquality.org
An Equal Opportunity Affirmative Action Employer

William Warnell
June 18,2009
Page 2 of 2
This office looks forward to reviewing the Pre Construction Notice for after-the-fact approval of these impacts. Should''
you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4657.
Sincerely,
Aogerdwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Division of Land Resources
David Baker,US Army Corps of Engineers, Asheville Regulatory Field Office
Mitchell County Planning
G:\WPDA'rA\DEMWQ\Mitchell\401 s\NOV20090110037.BeechGlen.WDWarnell.Follow(JpToResponse.doc

�InrM�.A►�.cc.�w
CQGNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 18, 2009
Mr. Chuck Cowden
Custom Packaging, Inc.
1315 West Baddour Parkway
Lebanon, TN 37087
Subject: No-Exposure Certification NCGNE0604
Custom Packaging, Inc. —Arden Facility
20 Beale Road, Arden,NC 28704-9797
Buncombe County
Dear Mr. Cowden:
The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES
Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above
referenced facility, the Division is granting your conditional exclusion from permitting as provided for under
40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. A site visit conducted
by Susan A. Wilson June 12, 2009 at the Arden facility further confirmed the justification for no exposure.
Please note that by our acceptance of your no-exposure certification, you are obligated to maintain no-
exposure conditions at your facility. If conditions change such that your facility can no longer qualify for
a no-exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your
stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted
discharge. Your conditional no-exposure exclusion expires in five years (June 17, 2014). At that time
you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges
from your facility.
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain
environmental permits that may be required under other federal, state, or local regulations or ordinances.
If you have any questions or need further information, please contact Susan A. Wilson at [phone].
Sincerely,
foN /Ioleen H. Sullins
cc: Stormwater Permitting Unit,No-Exposure Files, Sarah Young
Tom Hancock, Custom Packaging, Inc., 20 Beale Road, Arden, NC 28704-9797
ARO Files
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet:www.ncwaterquality.org NatumIllf
An Equal Opportunity 1 Affirmative Action Employer U

\..
`may��

A-ria
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 19, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9180
Ray Wiggins
Post Office Box 563
Lake Junaluska,North Carolina 28754
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Ray Wiggin Stream Restoration
NOV-2009-SP-0015
401 Water Quality Certification (WQC)Conditions
Haywood County
Response deadline: July 7, 2009
Dear Mr. Wiggins:
On June 10, 2009, Kevin Barnett and Susan Wilson from the Asheville Regional.Office of the Division of
Water Quality(DWQ)conducted a site inspection for Ray Wiggins Stream Restoration along Shelton Cove
Road in Haywood County.
401 certification violations were noted during the inspection and file review. Rock fill impacts to Shelton
Branch (classified B waters)were documented constituting water quality certification violations. The
submitted application to the US Army Corps of Engineers and to the NC Division of Water Quality stated
that you were going to restore Shelton Branch through the pond bed. The Army Corps issued a Nationwide
18 permit verification for you to perform this work. It was observed that, instead,you rip-rapped
approximately 25 feet of channel and re-installed a pipe to refill the pond. No restoration,as authorized,
was performed.
As a result of the site inspection and file review,the following violations, detailed below,were noted:
1 401 WQC Condition Violations
VIOLATIONS
I. 401 WQC Condition Violations—Ray Wiggins submitted a Pre-Construction Notification(PCN)
to both the US Army Corps of Engineers and the NC Division of Water Quality. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permit(s) 18, and the corresponding
General Water Quality Certifications. DWQ returned this package as incomplete on May 20, 2007.
The US Army Corps approval letter specifies that the activities must follow the conditions listed in
the General Water Quality Certification.
0 General Water Quality Certification 3631, Condition 8 states the following: Any project
Proposing re-alignment of streams must secure written authorization from the Division of
Water Quality. You have not secured such an authorization.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877.62M748 Internet: www.ncwaterquality.org ;Vatthy+ //
u ally
An Equal Opportunity',Affirmative Action Employer

Ray Wiggins
June 19,2009
Page 2 of 2
• General Water Quality Certification 3631, Condition 1 states the following: that all fills
within streams must be accounted for. The rip-rap fill placed in the stream is not included
in your Army Corps of Engineers Nationwide 18 Verification. Any and all fills must either,
be removed, or permitted to remain in place.
REQUIRED RESPONSE
This Office requests that you respond in writing on, or before, close of business, July 7, 2009. Your
response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY
70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your
response should address the following items:
I. 401 WQ Certification
a. Clearly explain why the 401 Water Quality Certification was not complied with.
b. Provide a proposed schedule of when you expect to have the required 401 WQ Certification
application submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to determine if a
404 Permit is necessary for these restoration activities.
d. You must provide a stream restoration plan for the unauthorized fills, or submit a Pre
Construction Notification to retain these fills. Satisfactory stream restoration requires
planting in accordance with the EEP Publication "Guidelines for Riparian Buffer
Restoration". This document is available electronically at
http://www.nceep.net/news/repoi-ts/buffers.pdf.
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)296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Lori Beckwith, US Army Corps of Engineers
David McHenry,NC Wildlife Resources Commission
Haywood County Planning
G:\W PDATA\DEM WQ\Haywood\401 s\NOV2009SP00I 5.RayW iggins.doe

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 19, 2009
Herve Cody
PO Box 218
Robbinsville,NC 28771
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Herve Cody Site
NOV-2009-SS-0012
Stream Standard Violation - Removal of Best Usage
Graham County
Response deadline: July 9, 2009
Dear Mr. Cody:
On May 19, 2009, I visited your property along Long Creek with Mr. David McHenry of the North
Carolina Wildlife Resources Commission as we had planned. Unfortunately, you did not meet us.
The purpose of the site visit was to allow Mr. McHenry an opportunity to review the conditions
that existed following the dredging activities you conducted and determine the appropriate course
of remedial action.
Mr. McHenry and I agreed that some restoration of the stream channel must take place to establish
more stable conditions and replace habitat that has been lost.
To accomplish the required restoration, please comply with the following, as was requested in the
original Notice of Violation dated April 22, 2009:
➢ Stream Restoration Plan (dredging impacts)—Please explain how you plan to
restore the pattern, profile and dimension of the impacted stream channel. The
streambed must be restored to the original profile or other stable dimension using
natural channel design criteria, the stream banks must be stabilized and any fill
material must be removed from the riparian zone. Replanting of the riparian zone
will be required.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE T�TOne /� 1
Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 1�Orth Carofina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 / I
Internet: www.ncwaterquality.org at�raL�✓U
An Equal Opportunity 1 Affirmative Action Employer

Herve Cody
June 19,2009
Page 2 of 2
It is suggested you contact a consultant experienced in stream restoration work to develop the
restoration plan and have them contact me to discuss what will be required. Utilizing a consultant
should help expedite closure of this incident.
Thank you for your attention to this matter. Should you have any questions, please contact me at
[phone].
Sincerely,
,r
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
David McHenry (e-copy)
ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Graham\Complaints\Cody\Follow-up-6-18-09.doc

i 4Ate,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 19, 2009
Mr, Paul Sakalosky
Continental 221 Fund, LLC
The Springs at Asheville
4309 Pablo Oaks Court, Suite 5
Jacksonville, FL 32224
Subject: Incident Closure
Notice of Violation and Recommendation for Enforcement
NOV 2009 PC 0003
The Springs at Asheville
Buncombe County
Dear Mr. Sakalosky:
The Division of Water Quality has reviewed the information provided related to the Notice of
Violation dated January 5, 2009. Ms. Susan A. Wilson conducted a follow-up site visit on June 8,
2009. The written response, the sediment removal, and the voluntary stream restoration results
observed at the site have satisfactorily resolved the violations noted in the subject Notice of
Violation and Recommendation for Enforcement.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact me at (828) 296-
4500.
Sincerely,
aA—
S/us atn n i I s on
Environmental Engineer
Surface Water Protection
cc: Mr. Jan Gay Environmental Services, Inc.
1456 Patton Avenue, Suite C, Asheville,NC 28806
ARO File Copy
DWQ Central Files
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 y+ //
Internet: www,ncwaterquality.org Naturally
Jrl,/�atu a"y
An Equal Opportunity l Affirmative Action Employer

�. ,
i\
`�
,_
�__�

y4L)�J;n
hq DEAN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 22, 2009
Mr. Henry Keith Odom
1 Ariel Loop
Hendersonville, North Carolina 28792-9583
SUBJECT: Compliance Sampling Inspection
Status: Compliant
Magnolia Place WWTP
Permit No: NCO071862
Henderson County
Dear Mr. Odom:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on June 9, 2009. The facility appeared to be in compliance with
permit NC0071862. Effluent samples were taken during the inspection and were
submitted to the lab for analysis. Results will be sent separately.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
et Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
G:\WPDATA\DEMWQ\Henderson\71862 Magnolia Place\71862.CSI.09.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOrthCarolina
Phone: [phone]\FAX:[phone]\Customer Service:1-877-623-6748 �atura�l�
Internet:www.ncwaterouality.org

��
i
��

United States Environmental Protection Agency
Form Approved.
EPA
n Washington,D.C.20460 OMB No.2040-0057
C /`1 Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO071862 ill 121 09/06/09 117 18l SI 191 sl 20I lI
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -----------—--------------Reserved--------------------
671 169 701 1 711 1 721 NJ 73 L1J 74 751 1 1 1 1 1 11 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:55 AM 09/06/09 05/12/01
Magnolia Place WWTP
1 Ariel Loop Exit Time/Date Permit Expiration Date
Hendersonville NC 287929583 12:55 PM 09/06/09 10/11/30
Name(s)of Onsite Rep resentative(s)fTities(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Henryy Contacted
Keith Odom,l Ariel Loop Hendersonville NC No
287929583//828-685-9520/
Section C: Areas Evaluated During Inspection(Check only those_areas evaluated)
Permit Flow Measurement ■Operations&Maintenance N Records/Reports
Self-Monitoring Program Facility Site Review
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signatur /tf Ma�h9ge J�fit Q A Reviewer Agency/Office/Phone and Fax Numbers Date
/ }f ,d
101
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. h�
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO071862 I11 121 09/06/09 117 18ISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) `-
Henry Odom/ORC/owner assisted in the inspection of this facility.
Mr. Odom stated that 9" of rain fell the night before the inspection but did not cause the plant
to overflow.
The previous compliance evaluation inspection was conducted on 10/13/06 by Wanda Frazier.
The Annual Performance Report has been filed for the year.
A review of the files indicates that the permit expires November 30, 2010.
Please request a permit renewal 180 days prior to expiration.
The log book was present on-site. Mr. Odom is very thorough in his record keeping.
Baffles are cleaned every Monday.
Mr. Odom stated he would fix the audible alarm for the effluent pump station. The visual alarm
was functional.
Effluent samples were collected during the inspection and submitted to the lab for analysis.
An inspection of the collection system was also done at the time of the inspection of the wastewater
treatment plant and those results will be sent separately.
Page# 2

Permit: NCO071862 owner-Facility: Magnolia Place VVVVTP
Inspection Date: 06/09/2009 Inspection Type: Compliance Sampling
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 n n
#Are there any special conditions for the permit? Cl ■ Cl 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 permit will expire November 30, 2010.
Please request a permit renewal 180 days prior to expiration.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available, complete and current? ■ n n n
Are all records maintained for 3 years(lab. reg. required 5 years)? n ❑ n ■
Are analytical results consistent with data reported on DMRs? n n n ■
Is the chain-of-custody complete? n n n ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ Cl Cl n
Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ n n
(If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n ❑ ■ n
Is the ORC visitation log available and current? ■ ❑ n
Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n
Is the backup operator certified at one grade less or greater than the facility classification? ■ Q n n
Page# 3

Permit: NCO071862 Owner-Facility: Magnolia Place WWTP
Inspection Date: 06/09/2009 Inspection Type: Compliance Sampling
Record Keeping Yes No NA NE
Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑
Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑
Comment: Records are well maintained.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑- ■ n
Are the diffusers operational? ■ ❑ n ❑
Is the foam the proper color for the treatment process? ■ ❑ 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/1) ❑ ❑ n ■
Comment: -
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ n
Are weirs level? ■ ❑ ❑ 0—
Is the site free of weir blockage? ■ n n ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ ❑ ❑ n
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ n ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ❑ ❑ ❑ ■
Comment: Baffles are cleaned every Monday.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ fl n n
Are the tablets the proper size and type? ■ ❑ n n
Page# 4

Permit: NC0071862 Owner-Facility: Magnolia Place WWTP
.nspection Date: 06/09/2009 Inspection Type: Compliance Sampling
Disinfection-Tablet Yes No NA NE
Number of tubes in use? 4
Is the level of chlorine residual acceptable? n In n ■
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ❑ n n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n ❑ n
Is storage appropriate for cylinders? ❑ ❑ ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 4
Comment:
Page# 5

Aj'A
A w
DER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
everly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
June 22, 2009
Mr. James Ray Smith
21 Smith Lake Road
Leicester, NC 28748
Subject: 401 Water Quality Certification - Approval
Smith Lake Dam Breach
DWQ Project # 09-0232
Buncombe County
French Broad/ UT Dix Creek / 6-84-7 / C
Dear Mr. Smith:
The DWQ has completed the review of your 401 Water Quality Certification application (and subsequent
additional information received May 18, 2009) associated with the subject project listed above.
. �proval has been granted to place fill within or otherwise impact 170 linear feet of stream and 2.3 acres of
.:-nith Lake for the purpose of stabilization along the dam breach and draining of Smith Lake 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 Numbers 3687 and 3689. This Certification
allows you to use Nationwide Permits 3 and 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
Nationwide Permit verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 170 (feet) PCN no. C.3. (stabilization
along dam breach)
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] t Customer Service:1-877-623-6748 NOrthCarO11T1R
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity t Atfinna6ve Action Employer

Mr.James Ray Smith
June 22,2009
Page 2 of 2
Waters 2.3 (acres) PCN no. CA Smith Lake
(pond)
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 Ms. Susan A. Wilson in the Asheville Regional
Office at 828-296-4500.
Sincerely,
�` �' ' a' rZ
7/
Coleen H. Sullins, Director
CHS/saw
Eric: GC3687 and 3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office, Liz Hair
Rebekah L. Newton, Clearwater Environmental Consultants, Inc.
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Buncombe\401s\09-0232SmithLakeDamBreach Approval 6 2009.doc

CDEM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 22, 2009
Mr. Charles Vines, County Manager
Mitchell County
26 Crimson Laurel Circle, Suite 1
Bakersville, North Carolina 28705
Subject: Sewer Improvements Project
Mitchell County High School
& Ledger Community
Mitchell County
Dear Mr. Vines:
I am writing this in support of Mitchell County's efforts to secure Rural Center and ARRA
funding to construct a central sewer system to serve the Ledger community. The system would include
approximately 8,000 linear feet of 8-inch diameter gravity sewers, two sewage pumping stations with
emergency power generators and related force main. I view this a beneficial project which among other
things would replace the septic-tank, surface sand filter system currently serving Mitchell County High
School. This septic-tank surface sand filter system has been in service for a great number of years and
has the disadvantage of discharging to a low flow stream.
A feature of the proposed public sewerage system which I particularly like is that it would make
public sewer service available to quite a number of public and private entities in the Ledger community,
all of which are currently served by private systems. I wish you the best of luck with this project.
Sincerely,
Roy M. avis
Environmental Engineer
cc: Harry Buckner, P. E., McGill Associates
Water Quality Central Files
DWQ Asheville Files
G:\WPDATA\DEMWQ\Mitchell\Spruce Pine Collection System\Mitchell Co.Sewer Improvements.doc
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

DEER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
aeverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 22, 2009
Mr. Jarl V. Renn
Hexion Specialty Chemicals, Inc.
114 Industrial Blvd
Morganton, NC 28655
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Hexion Specialty Chemicals
Permit No: NCS000332
Burke County
Dear Mr. Renn:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
June 15, 2009. The facility was found to be in compliance with permit NCS000332.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at [phone] or Susan.A.WiIson a,ncdenr.gov, if I can be of any further
assistance.
Sincerely,
Susan A. Wilson
Environmental Engineer
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
G:\WPDATA\DEMWQ\Burke\NCS000332 Hexion\Hexion NCS000332 Insp Letter 6 2009.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOr1�lCc`lI Ol1llc`1
Internet:www.ncwatei-qualo.org
Aaturallry
An Equal Upporiunity',Affirmative Action Employer

i�
;�, J
\.

Compliance Inspection Report
Permit: NCS000332 Effective: 05/01/02 Expiration: 04/30/07 Owner: Hexion Specialty Chemicals, Inc.
SOC: Effective: Expiration: Facility: Hexion Specialty Chemicals
County: Burke 114 Industrial Blvd
Region: Asheville
Morganton NC 23655
Contact Person: Jarl V Renn Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/15/2009 Entry Time: 10:00 AM Exit Time: 12:40 PM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: ■ Compliant Not Compliant
Question Areas:
®Storm Water
(See attachment summary)
Page: 1

Permit: NCS000332 Owner-Facility: Hexion Specialty Chemicals,Inc.
Inspection Date: 06/15/2009 Inspection Type:Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Division of Water Quality staff(Susan A. Wilson) met with Mr. Jarl Renn(Operations Manager, Plant Engineer, and
Environmental Manager)at the site on June 15, 2009. Hexion Specialty Chemicals, Inc. manufactures Melamine
laminating resin (which is used for cabinets and flooring, etc.).
A site tour was conducted of the exterior of the facility, observing the potential stormwater exposure areas, outfall, and
site conditions(Mr. Renn also conducted a tour of the manufacturing/interior area). During the visit,the Stormwater
Pollution Prevention Plan manual was reviewed, operational activities and existing stormwater exposures were
discussed. The stormwater permit is currently up for renewal and some of the proposed changes were discussed with Mr.
Renn.
Secondary containment surrounds all existing chemical storage tanks,as well as the Methanol Recovery Column. A
canopy covers the truck loading pad. There are also sump and containment pit areas that prevent spills from entering the
stormwater conveyance. Any stormwater from the these areas can be pumped out and recycled. No vehicle maintenance
is conducted on-site.
Barring a catastrophic incident-there is likely no avenue for pollutant-exposed stormwater to reach the grassy area and
be conveyed to the stormwater outfall.
At the time of the inspection the site was found to be in compliance with the existing permit. The inspector noted that the
facility appeared to maintain good housekeeping practices and records were found to be in good order.
Page: 2

Permit: NCS000332 owner-Facility: Hexion Specialty Chemicals,Inc.
Inspection Date: 06/15/2009 Inspection Type:Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ n ❑ n
#Does the Plan include a General Location(USGS)map? ■ n n n
#Does the Plan include a"Narrative Description of Practices"? ■ El l=1 f=1
#Does the Plan include a detailed site map including outfall locations and drainage areas? n n n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑
#Has the facility evaluated feasible alternatives to current practices? ■ fl n n
#Does the facility provide all necessary secondary containment? ■ ❑ ❑ n
#Does the Plan include a BMP summary? ■ n n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ n
171
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ Cl n n
#Does the facility provide and document Employee Training? ■ n n 0
#Does the Plan include a list of Responsible Party(s)? ■ n n n
#Is the Plan reviewed and updated annually? ■ o n n
#Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ n n
Has the Stormwater Pollution Prevention Plan been implemented? ■ n n
Comment: The Plan was thorough and all aspects of it were well documented.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ n n
Comment:
Analytical Monitorinq Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ n ■ El
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ❑ ■ n
Comment: No analytical monitoring is required with the current permit.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n ❑ 0
#Were all outfalls observed during the inspection? ■ n n ❑
#If the facility has representative outfall status, is it properly documented by the Division? ❑ n ■ n
#Has the facility evaluated all illicit(non stormwater)discharges? O n n ■
Comment:
Page: 3

��\
`�
�\�_i

ALT_9;WA
7i"';A"r
Corr ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
;overly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 22, 2009
Jason Conner
B V Hedrick Gravel & Sand Company
15 Yorkshire Street
Suite 302
Asheville, North Carolina 28803
SUBJECT: NPDES Stormwater Permit Compliance Inspection
B V Hedrick - Green River Quarry
Permit No: NCG020133
Henderson County
Dear Mr. Conner:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
May 27, 2009. The facility was found to be in compliance with permit NCG020133.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at [phone] or chuck.cranfordgncdenr. ov , if I can be of any further
assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
G:\WPDATA\DEMWQ\Henderson\Stormwater Mines NCG02\Hedrick\CEI 6-19-09.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 ne Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 011e rolina
Internet:www.ncwaterquality.org
An Equal Opportunity',Affirmative Action Employer
Naturally

Compliance Inspection Report
Permit: NCG020133 Effective: 01/19/05 Expiration: 12/31/09 Owner: B V Hedrick Gravel&Sand Company
SOC: Effective: Expiration: Facility: B V Hedrick-Green River Quarry
County: Henderson 3675 Spartanburg Hwy
Region: Asheville
Flat Rock NC 287317737
Contact Person: Jeffrey C Lamm Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 05/27/2009 Entry Time: 09:30 AM Exit Time: 10:30 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ■Compliant ❑ Not Compliant
Question Areas:
N Storm water
(See attachment summary)
Page: 1

Permit: NCG020133 Owner-Facility: B V Hedrick Gravel&Sand Company
Inspection Date: 05/27/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Jason Conner. A tour was conducted of the facility, observing the stormwater conveyances
and outfalls and site conditions. During the visit,the SPPP manual was reviewed, operational activities and existing
stormwater exposures were discussed.At the time of the inspection the site was found to be in compliance with the _
permit. The inspector noted that the facility appeared to maintain good housekeeping practices and records were found
to be in good order.
�J
Page: 2

Permit: NCG020133 Owner-Facility: B V Hedrick Gravel&Sand Company
Inspection Date: 05/27/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑
#Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑
#Does the Plan include a"Narrative Description of Practices"? ■ ❑ ❑ ❑
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑
#Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑
#Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑
#Does the Plan include a BMP summary? ■ ❑ ❑ 0
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ ❑ ❑
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑
#Does the facility provide and document Employee Training? ■ ❑ ❑ ❑
#Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑
#Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑
#Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ ❑ ❑
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑
#Were all outfalls observed during the inspection? ■ ❑ ❑ ❑
#If the facility has representative outfall status, is it properly documented by the Division? ■ ❑ ❑ ❑
#Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ ❑ ❑
Comment:
Page: 3

�,
,__.
U
_.
y,r
__

C®ER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
aeverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
June 23, 2009
Ms. Joan Stillwell, Director
Jackson County Community Development
401 Grindstaff Cove Road
Sylva, NC 28779
Subject: Home Rehabilitation or Replacement
Community Development Block Grant/Environmental Review
Jackson County
Dear Ms. Stillwell:
The Division of Water Quality received your letter requesting comments on the potential impact of the
rehabilitation or replacement of several homes in Jackson County.
,ased on your letter and our conversation June 24, 2009, the homes are existing, and no footprint of the homes
will be increased or modified. Therefore, the Division does not expect an impact to waters of the state.
If you have any questions, please contact me in the Asheville Regional Office at(828) 296-4500.
Sincerely,
Susan nilsdon, Environmental Engineer
Surface Water Protection Section
cc: ARO File Copy
G:\WPDATA\DEMWQUackson\Comm Dvlpmnt Block grant comments 6 2009.doc
Location;2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] t Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NOrthCarolina
An Equal Opportunity 1 Affirmative Action Employer Aatural&

�,
j _'
'�1,
_.. __

NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
oeverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
.tune 23, 2009
Sam Greenwood
Town Manager
Town of Franklin
188 West Main Street
Franklin,North Carolina 28734
Subject: 401 Water Quality Certification - Approval
Proposed Public Works Facility
DWQ Project# 2009-0504
Macon County
LTNO 1 / Unnamed Tributary to LTN River/2-(1) / C
Dear Mr. Greenwood:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
bject project listed above.
Approval has been granted to place fill within or otherwise impact 0.06 acres of wetlands and 280 feet of
streams for the purpose of constructing a public works facility 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 3705, 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 and stormwater
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 OOe Phone:[phone]Ot.FAX:[phone] Customer Service:1-877.623-6748 1
Internet:wvvw.ncwaterquality.org NorthCai-olina
An Equal Opportunity t Affirmative Action Employer
Naturally

Sam Greenwood
June 23,2009
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 280 (feet) Sheet C 1
404/CAMA Wetlands 0.06 (acres) Sheet C 1
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 Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Coleen H.4Suls, Director
CHSlcbc
Eric: GC3705
Certificate of Completion
cc: Lori Beckwith - USACE Asheville Regulatory Field Office (e-copy)
Jeff Bishop—McGill Associates (e-copy)
401 Permitting Unit—Central Office
File Copy
G:\WPDA1'A\DEM WQ\Macon\40 i s\TbwnotFranklin\09-0504_Approval_6-23-09.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,zverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
June 23, 2009
Daryl Wedding Shepherd
15 Dutch Cove Road
Franklin, NC 28734
Subject: 401 Water Quality Certification - Approval
Wayah Creek Stream Stabilization
DWQ Project# 09-0556
Macon County
LTNO1 /Wayah Creek/2-19-8-(8)/WS-III; Tr
Dear Ms. Shepherd:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
<' nproval has been granted to place fill within or otherwise impact 25 feet of stream for the purpose of stream
__4bilization 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 27 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 General 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 trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 1..25 (feet) I Drawing
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrthCal'Ohna
Internet:www.ncwaterquality.org Naturally Equal Opportunity 1 Affirmative Action Employer

Daryl Wedding Shepherd
June 23,2009
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 Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
e�
Coleen H. Sullins, Director
CHSlcbc
Eric: GC3689
Certificate of Completion
cc: Lori Beckwith - USACE Asheville Regulatory Field Office (e-copy)
David McHenry—NCWRC (e-copy)
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Macon\401s\Wayah Creek Stream Stab ilization\09-0556_Approval_6-2309.doc
' `y

,�A Gy"'
_�& ;A
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9203
Johnny Brown, Mayor
Town of Andrews
PO Box 1210
Andrews, NC 28901
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 NCO020800
Town of Andrews
Andrews WWTP
Case No. PC-2009-0068
Cherokee County
Dear Mayor Brown:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,051.00 ($1,000.00 civil penalty+ $51.00 enforcement costs) against Town of Andrews.
This assessment is based upon the following facts: Section C. Pretreatment Programs ,4.
Headworks Analysis (HWA) and Local Limits of the subject NPDES Permit states in part: "The
Permittee shall obtain Division approval of Headworks Analysis (HWA) at least once every five
years, and as required by the Division....". As of the date of this assessment, the subject
Headworks Analysis has not been submitted. The violation, which occurred is summarized in
Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Andrews violated the
terms, conditions or requirements of NPDES Permit NCO020800 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Town of Andrews:
One
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE orthCaroll/lna
Location:2090 U.S. Highway 70, Swannanoa, NC 28778 Nataallr
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

$1,000.00 For 1 of the 5 other violations of NPDES Permit No. NC0020800.
$1,000.00 TOTAL CIVIL PENALTY
$51.00 Enforcement Costs
$1,051.00 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:

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;
k2) 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 i
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 Keith Haynes of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely, //JJ
14761tA
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Enforcement File w/attachments
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
JWQ Case Number: PC-2009-0068 County: Cherokee
Assessed Party: Town of Andrews
Permit No. (if applicable): NC0020800 Amount Assessed: $1,051.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of'Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment,factors are listed in the civil
penalty assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of'the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN"1 .
AND NATURAL RESOURCES
COUNTY OF Cherokee
Town of Andrews
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL, PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Andrews W WTP ) STIPULATION OF FACTS
PERMIT NO. NCO020800 ) FILE NO. PC-2009-0068
Having been assessed civil penalties totaling $1,051.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 23, 2009, 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

c c c c c
O O O O O
N N CL
0 a Q
dc c c c c
c rn rn
.c c
O a a a a a
J N N N N N
d O N N N N N
c a a a a a
Q c c c c C
O O O O O
6 ro m
Z o 0 6 0 0
O > > > >
wp Ou co m OD OO
fY UJ o o O p o
N N
O� 0 W C) C
O O O 0 p
d
Y
O
L
G)
t
U
i�
H
z
M
O
U
0
co
0
0
¢ 3 0
f' o
L
W = N
= a a
U oOf
w
¢ C
m a
Q o
F- z
o-
ro N
Z O C n. Er
w N N d N
Q
U ' U) o a
o E
ro
NN
N
d 3 aE c
o Go) a cod c E Y
r0 J O
o w a) v 3
Z a
O o o d
E =
a a a m o 0 0
3 a
y a > > > ro
a w X 'm CL
C O w LL LL LL
Q
F-
J
C C C C C
LL w E E E E E
iu m m 'Fa m
0
o O
0o Z F
o
00
o F-
o O m
z m 0a
>
W L Q o 0 0 o po
IL ,. w p
0 a

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2009
Mr. Paul R. Olson
15 Lakeshore Drive
Asheville, North Carolina 28804
Subject: Permit Number WQ0034173
Pump and Haul Permit
Paul Olson Residence
8 Dimora Drive, Altura
Buncombe County
Dear Mr. Olson:
In accordance with your application received on June 22, 2009, we are
forwarding herewith Permit No. WQ0034173 , dated June 23, 2009 to you for the
construction and operation of a sewage pump and haul system to serve your home at
8 Dimora Drive, Altura.
This permit shall be effective from the date of issuance until December 23, 2009
and shall be subject to the conditions and limitations as specified therein. Please pay
particular attention to the monitoring requirements in this permit. Failure to establish an
adequate system for collecting and maintaining the required operational information will
result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are
unacceptable to you, you have the right to request an adjudicatory hearing upon written
request within 30 days following receipt of this permit. The request must be in the form
of a written petition, conforming to Chapter 150E of North Carolina General Statutes,
and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N. C. 27699-6714. Unless such a request is made, this permit shall be final and
binding.
Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone: [phone]/FAX: [phone]/Internet: www.ncwaterquality.org NOTthCax 0/1/111a
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Nationally

June 23, 2009
Page Two
If you need additional information concerning this matter, please contact Roy
Davis at 828/296-4500.
Sincerely,
��
Coleen H. ullins
Director, Division of Water Quality
Enclosure
cc: Buncombe County Health Department
Jim Ott, Comax
PERCS Unit
Roy Davis

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PAUL R. OLSON RESIDENCE; 8 DIMORA DRIVE, ALTURA
PUMP AND HAUL PERMIT WQ0034173
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
PAUL R. OLSON
Buncombe County
FOR THE
Construction and operation of a pump and haul sewerage system to serve 8 Dimora
Drive with no direct discharge of wastes to the surface waters, pursuant to the
application received on June 22, 2009 and in conformity with the project plan,
specifications, and other supporting data filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 23, 2009
and shall be subject to the following specified conditions and limitations:
1. This permit shall become voidable unless the subject pump and haul activities
are carried out in a manner which has been approved by this Division.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for a change in
facility ownership, or there is a name change of the Permittee, a formal permit
request must be submitted to the Division of Water Quality accompanied by an
application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered
on its merits and may or may not be approved.

5. No type of wastewater other than that from the residence at 8 Dimora Drive shall
be included in the pump and haul activities.
6. The permit shall become voidable unless the agreement between Paul R. Olson
and Able Septic Tank Service for the collection, transportation, and ultimate
disposal of the wastewater is in full force and effect.
7. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall cease operation of all pump and haul
activities and take_ such immediate corrective action as may be required by this
Division.
8. This Pump and Haul Permit shall not be renewed.
9. The sewage and wastewater collected by this system shall be treated in the
Metropolitan Sewerage District of Buncombe County Wastewater Treatment
Plant prior to being discharged into the receiving stream.
10. The Permittee is liable for any damages caused by a spill or failure of the pump
and haul operations.
11. Adequate inspection, maintenance, and cleaning shall be provided by the
Permittee to insure proper operation of the subject facilities.
12. The Permittee or his designee shall inspect the collection facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause
or lead to the direct release of wastes to the environment, a threat to human
health, or a nuisance. The Permittee shall keep an inspection log or summary
including at least the date and time of inspection, observations made, and any
maintenance, repairs, or corrective actions taken by the Permittee. This log of
inspections shall be maintained by the Permittee for as long as the pump and
haul activities are being conducted and shall be made available upon request to
the Division of Water Quality or other permitting authority.
13. Any duly authorized officer, employee, or representative of the Division of Water
Quality may, upon presentation of credentials, enter and inspect any property,
premises or place related to the collection facilities at any reasonable time for
the purpose of determining compliance with this permit; inspect or copy any
records that must be kept under the terms and conditions of this permit; and may
obtain samples.
14. An accurate record of the monthly pump and haul activities must be maintained
by the Permittee, indicating: �`;

a) date wastewater is removed from the facility,
b) name of facility from which wastewater is removed,
c) name of facility receiving wastewater,
d) volume of wastewater removed, and
e) status of permanent disposal option.
These records shall be submitted to the Asheville Regional Office on or before
the fifteenth (15) day of the following month.
15. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division.of Water Quality
in accordance with North Carolina General Statute 143-215.6.
16. The issuance of this permit does not preclude the Permittee from complying
with any and all statutes, rules, regulations, or ordinances which may be
imposed by other government agencies (local, state and federal) which have
jurisdiction.
17. The Permittee shall provide for the installation and maintenance of an audible
and visual high-water alarm.
18. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for the life of the project.
19. Non-Compliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, at
telephone number 828/296-4500, as soon as possible, but in no case more than
24 hours or on the next working day following the occurrence or first knowledge
of the occurrence of any of the following:
a. Any process unit failure, due to known or unknown reasons, that render
the facility incapable of adequate wastewater treatment such as
mechanical or electrical failure of pumps. aerators, compressors, etc.
b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the
influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report
in letter form within 15 days following first knowledge of the occurrence. This
report must outline the actions taken or proposed to be taken to ensure that the
problem does not recur.

Permit issued this the 23d day of June, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
� )
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

LAr
NCDR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9197
Danny McIntosh, Mayor
Town of Burnsville
PO Box 97
Burnsville, NC 28714
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 NCO020290
Town of Burnsville
Burnsville WWTP
Case No. PC-2009-0072
Yancey County
Dear Mayor McIntosh:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$4,051.00 ($4,000.00 civil penalty+ $51.00 enforcement costs) against Town of Burnsville.
This assessment is based upon the following facts: The Section C. 10 Pretreatment Annual Reports
PAR ,of the NPDES Permit states in part: "The Permittee shall report to the Division in
accordance with 15A NCAC 2H .0908." The aforementioned regulation requires the PAR be
submitted on or before March 1 of each year. To this date the subject report has not been received.
This violation which occurred is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Burnsville violated the
terms, conditions or requirements of NPDES Permit NCO020290 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, 1, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Town of Burnsville:
None
rthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE JVWAVIly
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

$4,000.00 For 1 of the 1 other violations of NPDES Permit No. NC0020290.
$4,000.00 TOTAL CIVIL PENALTY
$51.00 Enforcement Costs
$4,051.00 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:

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 Keith Haynes of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2009-0072 County: Yancey
Assessed Party: Town of Burnsville
Permit No. (if applicable): NC0020290 Amount Assessed: $4,051.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of'Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission, Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you.from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT`.,
AND NATURAL RESOURCES
COUNTY OF Yancey
Town of Burnsville
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Burnsville WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO020290 ) FILE NO. PC-2009-0072
Having been assessed civil penalties totaling $4,051.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 23, 2009, 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

C
O
W
CL o
F" y
Z Q
0
F
0 8
t j
N
Q a
O
ui 0 m
w o
a a
O� o
T
d
V
}
}
F
Z
O
U
N
n
O
d 9
Q O
I- M CDZ = N
LU V
= m
a
° w
3 2
a i z
w
U
a
a
a
0
m F N
a o
N U
3
L W .�
0 LL
m
F
J
a`
0
a�
O Z F-
�w
O 00 �W
Z 0
O �
_ o
w °' a o
IL .'�.� W o
0 a

�\
�-.,
i
�✓/,
��

_41A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
June 24, 2009
Mr. Tony King
Flat Creek Village Apartments, LLC
202 Flat Creek Village Drive
Weaverville, North Carolina 28787
Subject: Permit No. WQ0034175
Flat Creek Village Apartments, LLC
Flat Creek Village Apartments
Wastewater Collection System Extension
Buncombe County
Dear Mr. King:
In accordance with your application received on June 2, 2009 we are forwarding herewith
Permit No. WQ0034175 dated June 24, 2009, to Flat Creek Village Apartments, LLC for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter 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 2H .0227 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 2H .0200; 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.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Flat Creek Village Apartments, LLC June 24, 2009 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 Flat Creek Village Apartments, LLC for the construction and operation of approximately 450
linear feet of 6-inch diameter gravity sewer to serve residential units and the discharge of 7,800 gallons
per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe
County's (MSD) existing sewerage system, pursuant to the application received on June 2, 2009 and in
conformity with 15A NCAC 2H .0200; 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 MSD's Wastewater
Treatment Facility (Permit No. NCO024911) 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 Roy Davis at
[phone].
Sincerely,
or Co . Sullins, Director
f
Division of Water Quality
cc: Buncombe County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTFPermit No.N00024911)
MSD, Stan Boyd
Marvin Mercer, PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
FLAT CREEK VILLAGE APARTMENTS, LLC
FLAT CREEK VILLAGE APARTMENTS
BUNCOMBE COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034175
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 2H .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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
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 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No W00034175 Flat Creek Village Apartments LLC: Flat Creek Village Apts. Buncombe Co June 24
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 2H .0200; 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. E
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 2H .0200; 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
2

,li No. W00034175 Flat Creek Village 8partments, LLC: Flat Creek Village Apts. Buncombe Co June, 24. 2009
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any 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 24th day of June, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
`ram
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034175
3

Permit No W00034175 Flat Creek Village Apartments LLC Flat Creek Village Apts. Buncombe Co •lone. 24.
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
450 linear feet of 6-inch diameter gravity sewer
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
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 2H .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.
North Carolina Professional Engineer's
seal, signature, and date:
.......................................................................................
:
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090US HIGHWAY 70
SWANNANOA, NC 28778
:............................................................. .......... ..........................t
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.

NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 24, 2009
Mr. George W. Morosani
M Realty, LLC
932 Hendersonville Road, Suite 201
Asheville, North Carolina 28803
Subject: Permit No. WQ0034176
M Realty, LLC
Wellington Mobile Home Park
Wastewater Collection System Extension
Buncombe County
Dear Mr. Morosani:
In accordance with your application received on June 8, 2009 we are forwarding herewith
Permit No. WQ0034176 dated June 24, 2009, to M Realty, LLC for the construction and operation of
the subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter 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 2H .0227 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 2H .0200; 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.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

M Realty, LLC June 24, 2009 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 M Realty, LLC for the construction and operation of approximately 933 linear feet of 6-inch
diameter gravity sewer and approximately 476 linear feet of 8-inch diameter gravity sewer to serve 36
mobile homes and the discharge of 10,800 gallons per day of collected domestic wastewater into the
Metropolitan Sewerage District of Buncombe County's (MSD) existing sewerage system, pursuant to
the application received on June 8, 2009 and in conformity with 15A NCAC 2H .0200; 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 MSD's Wastewater
Treatment Facility (Permit No. NCO024911) 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 Roy Davis at
[phone].
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Buncombe County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No.N00024911)
MSD, Stan Boyd
John Coxey, PE
Water Quality Central Files
PERCS Files
L_.

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
M REALTY, LLC
WELLINGTON MOBILE HOME PARK
BUNCOMBE COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034176
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 2H .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 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
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 perweek.
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 W00034176 M Realty, LLC Wellington Mobile Home Park Buncombe Co June 24 2009
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 2H .0200; 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 2H .0200; 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
2

nit No W00034176 M Realty. LLC: Wellington Mobile Home Park Buncombe Co dune 24 2009
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any 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 24th day of June, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034176
3

Permit No W00034176 M Realty LLC: Wellington Mobile Home Park Buncombe Co June 24 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
933 linear feet of 6-inch diameter gravity sewer and 476 linear feet of 8-inch diameter gravity sewer
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 theJ
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .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.
North Carolina Professional Engineer's
seal, signature, and date:
................................................................................................:
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
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. \'

A'4xif2h
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
,Tune 24, 2009
Anna Proctor
Proctor 3
2823 Providence Road
Suite 172
Charlotte,North Carolina 28211
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
NOV-2009-SS-0019
Stream Standard Violation - Other Waste (In-stream sediment)
Rutherford County
Dear Ms. Proctor:
The Division of Water Quality has received correspondence from C1earWater Environmental
Consultants, Inc. in response to the NOV noted above. The proposal includes the removal of
sediment from an unnamed tributary to the Broad River.
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Sincerely, ,r
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Clint Calhoun—Town of Lake Lure (e-copy)
ClearWater Environmental Consultants (e-copy)
ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Rutherford\Complaints-Misc\RumblingBald\SedimentRemovalApproval_6-23-09.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:: www.ncwaterquality.org
FAX:[phone] Customer Service:1-877 623-6748 ���������
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 24, 2009
Charles Rogers
Highland Forest Partners, LLC
684 St. Andrews Road
Waynesville, North Carolina 28786
James W. Kirkpatrick III
Highland Forest Partners, LLC
37 Branner Avenue
Waynesville, North Carolina 28786
Highland Forest Partners, LLC
165 Bankstown Road
Brooks, Georgia 30205
SUBJECT: 401 Water Quality Certification—On Hold
Highland Forest Development
DWQ#: 09-0577
Haywood County
Dear Sirs:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality
Certification application and performed a site visit. As the on-site visit triggered a Notice of Violation (NOV-
2009-SP-0014), and the NOV response covers the deficiencies in the application, we will be unable to further
process your application until a response for the NOV is received (that response is due by July 7, 2009).
Unless we receive the additional information requested in the NOV,we will have to move toward denial of
your application as required by 15A NCAC 2H .0507 and will place this project on hold as incomplete until
we receive this additional information.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N Ort11 Car011I1 cl Internet:www.iicwaterquality.org
naturally
An(goal Opportunity t Affirmative Action Employer

Highland Forest Partners,LLC
June 24,2009
Page 2 of 2
Please be aware that any impacts requested within your application are not authorized (at this time) by the�
DWQ. Please call Susan A. Wilson at [phone], if you have any questions.
Sincerely,
Yogerl
C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Jennifer Robertson,Wetland and Natural Resource Consultants, Inc.
Haywood County Planning
ARO File copy

A MI-NA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor
Secretary
June 25, 2009
Mr. Danny McIntosh, Mayor
Town of Burnsville
Post Office Box 97
Burnsville, North Carolina 28714
Subject: Town of Burnsville
Wastewater Collection System
Permit No. WQCS00143
Yancey County
Dear Mr. McIntosh:
On June 11, 2009 Mr. Ed Williams and Mr. Jeff Menzel with this office observed
evidence of repeated sewage overflows from the Burnsville Wastewater Collection System to
Little Crabtree Creek. This evidence is in the form of algae and high fecal coliform numbers.
The section of Little Crabtree Creek showing this impact is immediately below Pensacola Road.
The odor of sewage was observed coming from the culvert under 19E which carries a sewer in
the stream bed. We have been told that the sewer was installed in the culvert years ago when a
sewer under 19E collapsed. Our June 11, 2009 observations were made known to Tom Storie
and Jadd Brewer.
I need to call to your attention that dead fish were observed on June 13, 2009 in Little
Crabtree Creek east of Glen Raven down to the waste transfer station. The cause of the fish
mortality was not established. We thought it interesting that the kill occurred immediately
downstream from the Town's stream channel sewers. Anytime work takes place on a sewer we
expect measures to be implemented to allow that work to go forward without sewage being
released to the State's surface waters. Such measures would include by-pass pumping. The
General Statutes allow the Department to collect the replacement cost of killed fish and the cost
of conducting the investigation when a fish kill is caused by pollution of the State's surface
waters.
On June 24, 2009 Jeff and I observed a large sewage overflow from the Burnsville
collection system to Little Crabtree Creek at a point behind Winter Star Antiques. This overflow
was immediately reported to Tom Storie. You need to go look at Little Crabtree Creek where it
flows beside the Shell Station on 19 E. A sewage overflow would have to take place for a week
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE �pE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] t.Customer Service:1-877-623-6748 �u'/N����
Internet: www.ncwaterquality.org Na
An Equal Opportunity ,affirmative Action Employer

or more to produce the amount of sewage fungus we saw in Little Crabtree Creek. You will w�_,
to insure that a five-day written report is submitted for this overflow.
The mess of piping in the unnamed tributary to Little Crabtree Creek, in front of Ken's
Mufflers, was discussed in our Notice of Violation dated March 26, 2009. We understand that
the 19 E widening project through Town may result in construction of a proper sewer along the
south side of 19E and then under 19 E near its intersection with Pensacola Road. In the mean
time the Town of Burnsville needs to do whatever it takes to prevent the loss of sewage from its
collection system. Tom Storie described a sewer replacement project using the Town's own
crews which would improve the situation at this location.
Please do not hesitate to call me at [phone] should you need to discuss this
matter.
Sincerely,
R_Z_11yy_1111_
Roy M. Davis
Environmental Engineer
cc: Tom Storie, DPW
PERCS Files

��:•^A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 25, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9210
Matthew D. Nelon
746 Brooks Lake Road
Rutherfordton,NC 28139
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-SS-0029
Stream Standard Violation - Other Waste (In-stream sediment)
Rutherford County
Response deadline: July 10, 2009 or 15 days from receipt
Dear Mr. Nelon:
On June 23, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at 511/521 Brooks Lake Road in Rutherford County.
Susan Wilson (DWQ) was also present.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary to East Branch Mountain Creek were documented. Upwards of two feet of sediment was
measured within the stream channel.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 2,500 feet of an unnamed tributary to East Branch Mountain Creek was
impacted by sediment deposition upwards of two feet deep throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (0.
II. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit
(NCGO10000) is applicable to all point source discharges of stormwater from construction
activities disturbing one or more acres of land. Prior to the commencement of construction
and land-disturbing activities, approval of an Erosion and Sedimentation Control (E&SC)
Plan shall be obtained from the Division of Land Resources (DLR).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOPt11Cax Ohlla
Phone:: www.6-45001 FAX: [phone] Customer Service:1-877-623-6748 ���������
Internet: www.nrwaterquality.org
An Equal Opportunity i Affirmative Action Employer

Matthew D Nelon
June 25,2009
Page 2 of 2
a. Failure to apply for and receive an approved E&SC Plan prior to
commencement of construction (Part I Section A: No. 1.).
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090
US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater
Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site.
c. Please submit a Sediment Removal Restoration Plan (Plan) to this office for review
and approval. The Plan must address removal of the accumulated sediment from
the unnamed tributary to East Branch Mountain Creek and be submitted to the
Division of Water Quality for review and approval prior to implementation. You are
encouraged to secure an environmental consultant experienced in stream restoration ;
to assist you with your Plan and authorization necessary to achieve compliance. It _
is recommended that your consultant contact Chuck Cranford of the Asheville
Regional Office for additional guidance during restoration plan development. The
Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.

Construction Stormwater Permit NCGO10000
a. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan.
b. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
Enc: NCGO10000 permit
Stormwater Inspection For General Permit NCGO 10000
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
G:\WPDATA\DEMWQ\Rutherford\Complaints-Misc\Nelon\NOV-2009-SS-0029 6-24-09.doe

`,
``
�_i
__ __

AW4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 26, 2009
Mitchell Hicks, Chief
Eastern Band of Cherokee Indians
P.O. Box 455
Cherokee,NC 28719
SUBJECT: Sediment Removal Plan Approval
Sequoyah National Golf Course
Jackson County
Dear Chief Hicks:
The Division of Water Quality has received correspondence from Wetland & Ecological
Consultants, Inc., dated June 10, 2009, in response to the on-site inspection conducted by the
Division of Water Quality May 7, 2009. The proposal includes the removal of sediment from the
unnamed tributaries to Crooked Creek and bank stabilization along Crooked Creek.
The report was well written and the areas of impact were well documented. The remedial actions
presented in the response have been found satisfactory and are approved. The Division does offer
the following comments and suggestions:
• Upon removal of the sediment fencing along Crooked Creek, please consider the use of live
stakes in this area.
• With regard to live stakes, please determine an appropriate density (2 x 2 feet spacing or as
recommended in the Stream Restoration Guidance.).
• The streambank stabilization verification should continue, at minimum, one year after the
live stakes are planted to ensure that the stated actions perform properly.
Activities involved in this approved plan, as well as submittal of the final report upon removal of
sediment, are to be completed within thirty (30) days of this approval letter.
Sinc rely,
Susan AWilson, Environmental Engineer
Surface Water Protection
cc: ARO File Copy
Wetland &Ecological Consultants, Inc./Jason Morrell
3225 South Cherokee Lane, Bldg. 800, Woodstock, GA 30188
G:\WPDA"I'A\DEMWQUackson\Stonnwater Construction NCG01\Sequoyah Nat]Golf Course\Sequoyah SedimentRemovalAPPROVE 6 2009.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Not hCarolina
Phone:[phone]\FAX:[phone]\Custorner Service:1-877-623-6748 //
Internet: www.ncwaterquality.org ►aturally
An Equal Opportunity\Affirmative Action Employer

CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
June 29, 2009
Mr. Tom Rosenberg/ Director
Blue Star Camps Inc.
P.O. Box 1029
Hendersonville, North Carolina 28793
SUBJECT: Compliance Sampling Inspection
Status: Compliant
Blue Star Camps WWTP
Permit No: NCO036251
Henderson County
Dear Mr. Rosenberg:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on June 18, 2009. The facility appeared to be in compliance with
permit NC0036251. The kind assistance from you and Mr. Kilpatrick during the inspection
was appreciated. Mr. Kilpatrick is doing a fine job of operating this facility.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
2
net Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Tom Kilpatrick/ ORC w/ attachment
G:\WPDATA\DEMWQ\Henderson\36251 Blue Star Camps\36251-09.CSI.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 North Carolina
Internet:www.ncwaterguality.org Naturally

�..
���
�_�i

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO036251 111 121 09/06/18 117 18I SI 191 SI 20III
Remarks
21111111lIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 16E
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70I I 71( I 72I NI 73' I 174 751 I I I I .I I 180
Section B: Facility Data t_U
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Blue Star Camps WWTP
01:50 PM 09/06/18 05/11/01
Rt 3 Crab Creek Rd Exit Time/Date Permit Expiration Date
Hendersonville NC 28793 02:40 PM 09/06/18 10/09/30
Name(s)of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data
Thomas W Kilpatrick/ORC/828-890-4810/
Name,Address of Responsible Official/Title/Phone and Fax Number
Tom Kil.patrick,PO Box 679 Etowah NC 287290679/ORC/828-890-4810/ Contacted
yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Flow Measurement ®Operations&Maintenance 0 Records/Reports
Self-Monitoring Program S Facility Site Review
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont. 1
3I NCO036251 I11 12I 09/06/18 1
17 18ISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Mr.Tom Rosenberg/Director and Mr. Tom Kilpatrick/ORC assisted in the inspection of this facility.
The camp had just started back in operation for the season on 6/14/09.
The previous compliance evaluation inspection was conducted on 9/18/08 by Wanda Frazier.
A review of the files indicates that the permit expires September 30, 2010.
Please request a permit renewal 180 days prior to expiration.
The Annual Performance Report has been filed for the year.
Effluent DO was measured at 4.6 mg/L.
Effluent samples were collected during the inspection and submitted to the lab for analysis.
This facility is well operated and maintained.
The collection system inspection was also done and results will be sent separately.
r i.
Page# 2

Permit: NCO036251 Owner-Facility: Blue Star Camps WWTP
Inspection Date: 06/18/2009 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ ❑ ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: The permit will expire September 30, 2010.
Operations&_Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment: The facility is well operated and maintained.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑
Is all required information readily available, complete and current? ■ ❑ ❑ ❑
Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■
Are analytical results consistent with data reported on DMRs? ❑ n f_1 ■
Is the chain-of-custody complete? n ❑ n ■
Dates,times and location of sampling ❑
Name of individual performing the sampling n
Results of analysis and calibration ❑
Dates of analysis ❑
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑
Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑
Is the ORC visitation log available and current? ■ ❑ ❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ n
Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑
Page# 3

Permit: NCO036251 Owner-Facility: Blue Star Camps WWfP
Inspection Date: 06/18/2009 Inspection Type: Compliance Sampling \
Record Keeping Yes No NA NE
Facility has copy of previous year's Annual Report on file for review? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ n n n
Are all pumps present? ■ n n n
Are all pumps operable? ■ ❑ ❑ n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ n ❑ n
#Is basin size/volume adequate? ■ ❑ n n
Comment:
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
Are surface aerators and mixers operational? n 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/1) n ■ n ❑
Comment: DO was measured at 0.6 mg/L in basin#1 and 0.9 mg/L in basin#2.
DO should be between 1.0 and 3.0 mg/L.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ 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
Page# 4

Permit: NC0036251 Owner-Facility: Blue Star Camps WWTP
Inspection Date: 06/18/2009 Inspection Type: Compliance Sampling
Secondary Clarifier Yes No NA NE
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ ❑ ❑ ❑
Is the drive unit operational? n ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ❑ ❑ ❑ ■
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n ❑ ❑
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 4
Is the level of chlorine residual acceptable? ■ ❑ n ❑
Is the contact chamber free of growth, or sludge buildup? ■ ❑ n n
Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑
Is storage appropriate for cylinders? ❑ ❑ ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ n ❑ n
Comment:
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Are tablet de-chlorinators operational? ■ ❑ ❑ ❑
Number of tubes in use? 4
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ ❑ ❑ ❑
Is flow meter calibrated annually? ■ ❑ ❑ ❑
Is the flow meter operational? ■ ❑ ❑ ❑
(If units are separated)Does the chart recorder match the flow meter? ❑ ■ n n
Page# 5

Permit: NCO036251 Owner-Facility: Blue Star Camps VWVrP
Inspection Date: 06/18/2009 Inspection Type: Compliance Sampling
Flow Measurement-Effluent Yes No NA NE
Comment: The flow meter was calibrated 8128/08.
The chart paper had jammed overnight and will be corrected.
Page# 6

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 29, 2009
Mr. John Spiracos
Camp Judaea
49 Camp Judaea Lane
Hendersonville, North Carolina 28739
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Camp Judaea WWTP
Permit No: NCO033430
Henderson County
Dear Mr. Spiracos:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on June 18, 2009. The facility appeared to be in compliance
with permit NC0033430. The kind assistance from you and Mr. White during the
inspection was appreciated. Mr. White is doing a fine job of operating this facility.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
anet Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Kevin White/ ORC w/ attachment
G:\WPDATA\DEMWQ\Henderson\33430 Camp Judaea\33430-09.CEI.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748 North Carolina
Internet:www.ncwaterguality.org NaturallV

�'��.
,� ;
��i
__
__

United States Environmental Protection Agency
Washington,D.C.20460 Form Approved.
EPA
1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO033430 111 121 09/06/18 117 18I C) 191 SI 20I I
Remarks I
21L � I I I I I I I I I I I I I I I I I I I I I 116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---—-----—---------------Reserved----------------------
67I 169 701 I 71 11 72I N I 731 I 174 751 I I I I I Li 80
Section B: Facility Data LLJ
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)
Camp Judaea WWTP
11:45 AM 09/06/18 05/12/01
US Hwy 64 E Exit Time/Date Permit Expiration Date
Hendersonville NC 28792 12:30 PM 09/06/18 10/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Kevin C White/ORC/828-289-2165/
Name,Address of Responsible Official/Title/Phone and Fax Number
Ari Kurtz,1996 Cliff V1y Wayste Atlanta GA 30329//404-634-7883/ Contacted
Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports
Self-Monitoring Program ■Facility Site Review
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
lie— --A
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO033430 I11 12I 09/06/18 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Kevin White/ORC and John Spiracos/Camp Judaea assisted in the inspection.
The camp had just reopened for the season on 6/15/09.
The previous compliance evaluation inspection was conducted on 8/16/2007 by Wanda Frazier.
A review of the files indicates that the permit expires November 30, 2010.
Please request a permit renewal 180 days prior to expiration.
The Annual Performance Report has been filed for the year.
Mr. White stated that new blowers and motors were installed last year.
The facility was clean and well organized. Hand sanitizer was provided on site along with a laundry tub/
sink for the operator's use.
Mr. White is doing a fine job of operating this facility and Mr. Spiracos is doing a fine job of maintaining the
facility.
A collection system inspection was also done and the results will be sent separately.
Page# 2

Permit: NCO033430 Owner-Facility: Camp Judaea VVVVTP
inspection Date: 06/18/2009 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 ❑ ■ ❑
Is the facility as described in the permit? ■ n ❑ ❑
#Are there any special conditions for the permit? ❑ ■ fl n
Is access to the plant site restricted to the general public? ■ ❑ ❑ n
Is the inspector granted access to all areas for inspection? ■ n ❑ ❑
Comment: Pernit will expire November 30, 2010.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ f_1 n ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ ❑ ❑ F1
Is all required information readily available, complete and current? ■ ❑ n n
Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ n ❑ ■
Are analytical results consistent with data reported on DMRs? ❑ fl ❑ ■
Is the chain-of-custody complete? n ❑ n ■
Dates,times and location of sampling n
Name of individual performing the sampling 11
Results of analysis and calibration ❑
Dates of analysis 171
Name of person performing analyses F1
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑
Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ n 1=l
(If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n 0 ■ n
Is the ORC visitation log available and current? ■ ❑ fl fl
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ I_l
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ fl
Is a copy of the current NPDES permit available on site? ■ n n n
Page# 3

Permit: NCO033430 Owner-Facility: Camp Judaea VWVrP
Inspection Date: 06/18/2009 Inspection Type: Compliance Evaluation
Yes No NA NE
Record Keeping
Facility has copy of previous year's Annual Report on file for review? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n
Is the basin free of excessive grease? ■ ❑ ❑ n
Are all pumps present? ■ n n n
Are all pumps operable? ■ n El n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ 0 ❑ 0
#Is basin size/volume adequate? ® n n n
Comment: Audible and visual alarms were tested during the inspection and were
operable.
Yes No NA NE
Aeration Basins
Ext.Air
Mode of operation L '
Diffused
Type of aeration system
Is the basin free of dead spots? ® n n n
Are surface aerators and mixers operational? ❑ Cl ■
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/1) n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■
Are weirs level? ■ n
Is the site free of weir blockage? ■ ❑ n n
Is the site free of evidence of short-circuiting? ■ n ❑ n
Page# 4

Permit: NC0033430 Owner-Facility: Camp Judaea WWTP
inspection Date: 06/18/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is scum removal adequate? ■
Is the site free of excessive floating sludge? ■ ❑ ❑ Q
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n In n
Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) ❑ ❑ n ■
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ Q ❑ n
Are the tablets the proper size and type? ■ ❑ n
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ ❑ n
In
Is the contact chamber free of growth,or sludge buildup? ■ Q n n
Is there chlorine residual prior to de-chlorination? ■ L — —
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n ❑ ❑
Is storage appropriate for cylinders? 11 n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ fl Q n
Comment:
Are the tablets the proper size and type? ■ ❑ n n
Are tablet de-chlorinators operational? ■ ❑ n ❑
Number of tubes in use? 1
Comment:
Page# 5

QED.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
June 29, 2009
Mr. Ed Nunez
Vista Developers, LLC
525 North Main Street
Hendersonville, North Carolina 28792
SUBJECT: Compliance Evaluation Inspection
Blacksmith Run Wastewater
Treatment Plant
Status: Compliant
Permit No: NCO088056
Henderson County
Dear Mr. Nunez:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on June 9, 2009. The facility'appeared to be in compliance
with permit NC0088056. There are several items which need attention: annual calibration
of the flow meter, maintaining access to the effluent discharge pipe and keeping the
facility locked and closed.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
et Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ ORC w/ attachment
G:\WPDATA\DEMWQ\Henderson\Blacksmith Run\88056-09.CEI.doc
�5
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NOTt11CaTO11riS
Internet:www.ncwaterguality.org Naturally

United States Environmental Protection Agency Form Approved.
En ^ Washington,D.C.20460
rN OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 IJ 31 N00088056 111 121 09/06/09 117 18I CI 191 S 20�I
-J 1 Remarks
211111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIll
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70I 1 711 I 721 NI 73I I '74 751 I I I IILJ80
Section B: Facility Data W
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)
Blacksmith Run 11:55 AM 09/06/09 05/11/01
525 N Main St Exit Time/Date Permit Expiration Date
Hendersonville NC 28792 12:25 PM 09/06/09 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Richard Morgan Swilling/ORC/828-251-1900/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Ed Nunez,525 N Main St Hendersonville NC 28792//828-698-2400/ yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Flow Measurement ®Operations&Maintenance ■Records/Reports
Self-Monitoring Program ®Facility Site Review ®Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signatur of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO088056 I11 ,21 09/06/09 I �� 18N
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Bob Barr& Rick Swilling/ORC of RPB Systems assisted in the inspection of this facility.
A review of the files indicates that the permit expires October 31, 2010.
Please request a permit renewal 180 days prior to expiration.
Only two homes discharge to the facility at this time.
There was no flow at the time of the inspection.
The influent pump station's audible and visual alarms were tested during the inspection
and were operable.
The operator stated sampling is done about every 29 days when there is flow from the equalization
basin.
Audible and visual alarms for the equalization basin were checked and were operable.
The Maybin Company services the generator. The generator"self-tests"weekly and the operator
checks the propane fuel level.
The log book was present on-site.
The access path to the effluent discharge pipe should be maintained.
The facility gate should be kept closed and locked when not on site.
The flow meter should be calibrated annually per the NPDES permit Part II, Section D. 3.
Page# 2

Permit: NCO088056 Owner-Facility: Blacksmith Run
Inspection Date: 06/09/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ rl ❑ ❑
#Are there any special conditions for the permit? ❑ ■ ❑ ❑
Is access to the plant site restricted to the general public? ❑ ■ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: The permit will expire October 31, 2010.
The gate to the facility should be kept closed and locked when not on site.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ❑ ❑ ■ ❑
Judge,and other that are applicable?
Comment: There are only two homes at this time which discharge to the facility and
rarely is there any flow.
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n ❑ In
Is the basin free of bypass lines or structures to the natural environment? ■ ❑ ❑ n
Is the basin free of excessive grease? ■ fl n ❑
Are all pumps present? ■ ❑ In ❑
Are all pumps operable? ■ ❑ ❑ Q
Are float controls operable? ■ ❑ ❑ ❑
Are audible and visual alarms operable? ■ ❑ n ❑
#Is basin size/volume adequate? ■ ❑ ❑ ❑
Comment: Alarms were checked during the inspection and were operable.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑
Is all required information readily available, complete and current? ■ ❑ ❑ ❑
Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ In ■
Are analytical results consistent with data reported on DMRs? n In ❑ ■
Is the chain-of-custody complete? ❑ ❑ ❑ ■
Dates,times and location of sampling ❑
Name of individual performing the sampling n
Page# 3

Permit: NCO088056 Owner-Facility: Blacksmith Run
Inspection Date: 06/09/2009 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ n ❑ n
Has the facility submitted its annual compliance report to users and DWQ? ■ n n n
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n 0 ■ n
Is the ORC visitation log available and current? ■ o n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ Cl
Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n
Is a copy of the current NPDES permit available on site? ■ n n n
Facility has copy of previous year's Annual Report on file for review? ■ n n n
Comment:
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 ❑ ■
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ ❑ n n
Does the foam cover less than 25%of the basin's surface? ■ n ❑ n
Is the DO level acceptable? n n n ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n
Cl
Page# 4

Permit: NCO088056 Owner-Facility: Blacksmith Run
Inspection Date: 06/09/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ n ❑ n
Is the site free of excessive floating sludge? ■ ❑ ❑ In
Is the drive unit operational? ❑ ❑ ■ n
Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ n
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ❑ ❑ n ■
Comment:
Disinfection -UV Yes No NA NE
Are extra UV bulbs available on site? ■ n n ❑
Are UV bulbs clean? ■ n In n
Is UV intensity adequate? ■ ❑ ❑ ❑
Is transmittance at or above designed level? ■ ❑ ❑ ❑
Is there a backup system on site? n ■ In n
Is effluent clear and free of solids? ■ ❑ n ❑
Comment: Operator stated he cleans the bulbs every other month.
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ ❑ In ❑
Is flow meter calibrated annually? ❑ ■ ❑ ❑
Is the flow meter operational? ■ n ❑ n
(If units are separated) Does the chart recorder match the flow meter? n ❑ ❑ ■
Comment: The flow meter has not been calibrated since the facility opened in 2006.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? f=1 ® n n
Are the receiving water free of foam other than trace amounts and other debris? n ❑ ❑ ■
If effluent (diffuser pipes are required) are they operating properly? ❑ n ❑ ■
Comment: Access path to the effluent discharge pipe should be maintained.
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n ❑ n
Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑
Page# 5

Permit: NCO088056 Owner-Facility: Blacksmith Run
Inspection Date: 06/09/2009 Inspection Type: Compliance Evaluation
Standby Power
Yes No NA NE
Is the generator tested under load? ■ ❑
Was generator tested&operational during the inspection? ❑ ■ ❑ ❑
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n ❑ n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n ❑ ■
Is the generator fuel level monitored? ■ n n n
Comment: Operator stated that the Maybin Company services the generator.
The generator"self-tests"weekly.
Operator watches the propane fuel level.
Page# 6

t Michael F. Easley,Governor
William G. Ross Jr.,Secretary
QG' North Carolina Department of Environment and Natural Resources
yy Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
June 30, 2009
Mr. Richard Queen, Environmental Engineer
NCDOT - Roadside Unit
253 Webster Road; Sylva, NC 28779
SUBJECT: Compliance Sampling Inspection
NCDOT Welcome Center
Permit No: NCO024805
Haywood County
Dear Mr. Queen:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on June 24, 2009. The facility was found to be in Compliance with permit
NC0024805.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff, should have any questions, please call me at 828-296-4500 extention 4662.
Sincerely,
Wanda P. Frazier r
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
Noi thCarolina
2090 US Hwy 70, Swannanoa,NC 28778 Telephone [phone] Fax[phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency Form Approved.
EPA/� Washington;D.C.20460
C f—/`� OMB No.2040-0057
Water Com liance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 N00024805 111 121 09/06/24 117 181 SI 191 SI 201 I
Remarks
21U l I I J I I I I I I I I I I I I I I I I I I I I I 16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 1.0 169 70 13 I 711 I 72I N i 73' I ' 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)
Haywood County Rest Area
01:30 PM 09/06/24 06/12/01
Interstate 40 Near NC Tennessee Border Exit Time/Date Permit Expiration Date
Sylva NC 28779 02:15 PM 09/06/24 11/01/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Alan Gene James,ORC 627-6206
Name,Address of Responsible Official/Title/Phone and Fax Number
253 Webster Rd,SylvayNC 28779/Engineer 919-835-8487 Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance E Records/Reports Facility Site Review
Section D. Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ 828-296-4500 Ext.4662:
f
xl��' 'j,�'- "C-"?
Sign ur of Managemen Q A Reviewer Agency/Off /Phone and Fax Numbers Date
® 6 a
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3� NCO024805 �11 12� 09/06/24 � 17 18I5l
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Mr. Alan James, ORC, assisted in the inspection.
Samples were collected. The lab results will be forwarded, if found to be in non-compliance.
The effluent looked very clear and appeared to be in compliance.
The plant appears to be very well maintained. The diffusers had recently been changed to improve
operations & efficiency.
Records are well organized and maintained.
Note: The janitorial services for the Welcome Centers will be contracted beginning July 1, 2009.
Page# 2

Permit: NC0024805 Owner-Facility: Haywood County Rest Area
inspection Date: 06/24/2009 Inspection Type: Compliance Sampling
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 n
Is the facility as described in the permit? N ❑ n n
#Are there any special conditions for the permit? n E n n
Is access to the plant site restricted to the general public? E n n n
Is the inspector granted access to all areas for inspection? N n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical ❑
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ® n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ® n n n
Is the basin free of excessive grease? ■ ❑ n n
Are all pumps present? ® n n n
Are all pumps operable? ® n n n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ n n n
#Is basin size/volume adequate? ® n n n
Comment:
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 ® n
Page# 3

Permit: NCO024805 Owner-Facility: Haywood County Rest Area
Inspection Date: 06/24/2009 Inspection Type: Compliance Sampling
Aeration Basins Yes No NA NE
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/1) n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? mn n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n In n
Are weirs level? ® n n n
Is the site free of weir blockage? ■ ❑ n n
Is the site free of evidence of short-circuiting? n n n
Is scum removal adequate? ® n n n
Is the site free of excessive floating sludge? ® n n n
Is the drive unit operational? n n ® n -
Is the 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:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ® n n n
Is the generator tested under load? ® n n n
Was generator tested&operational during the inspection? n ■ n n
Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n
Page 4 4

Permit: NCO024805 Owner-Facility: Haywood County Rest Area
Inspection Date: 06/24/2009 Inspection Type: Compliance Sampling
Standby Power Yes No NA NE
Is there an emergency agreement with a fuel vendor for extended run on back-up power?
Is the generator fuel level monitored? 0 n ❑
Comment: The generator is self-tested every Monday morning at 10 am. The fuel
level is monitored by the ORC.
Page# 5

AT4AC&ERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
June 30, 2009
Mr. Tony Konsul, Regional Manager
Utilities Inc.
PO Box 240908
Charlotte, NC 28224-0908
SUBJECT: Compliance Evaluation Inspection
Bent Creek WWTP
Permit No. NCO036684
Buncombe County
Dear Mr. Konsul:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 26, 2009. The facility was found to be in compliance with permit
NC0036684.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500 extension 4662\
Sincerely,
G
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748 NaturallAy
Internet:www.ncwaterguality.org

i
I
I

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO036684 111 121 09/06/26 117 181 CI 191 SI 201 1
Remarks
211111111111111111111111IIIIIIIIIIIIIIIIIIIIII1__L16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
671 1.0 169 701 31 711 1 721 N I 73 LJ 74 751 1 1 I I 1 1 180
Section B: Facility Data L
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 09/06/26 05/11/01
Bent Creek_ WWTP
3 Donnybrook Ct Exit Time/Date Permit Expiration Date
Asheville NC 28806 11:40 AM 09/06/26 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Beverly Brown Grinstead/ORC/828-667-5700/
Name,Address of Responsible Official/Title/Phone and Fax Number
James T Highley,PO Box 240908 Charlotte NC Contacted
282240908//704-525-7990/7045258174 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Operations&Maintenance E Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Sigrjqture of Management Q A Reviewer Agency/Office/Phone aXdFax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3� NCO036684 11 12� 09/06/26 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Mr. David Medling and Ms Beverly Grinstead assisted with the inspection.
The effluent was clear, indicating compliance with permit limits.
The plant appears to be well maintained and operating properly.
Page# 2

Permit: NCO036684 Owner-Facility: Bent Creek VWVTP
Inspection Date: 06/26/2009 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? Cl n ® n
Is the facility as described in the permit? In n n
#Are there any special conditions for the permit? nN n n
Is access to the plant site restricted to the general public? In n n
Is the inspector granted access to all areas for inspection? n n In
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? n n n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? n n n
Is the unit in good condition? n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? mn n n
Are surface aerators and mixers operational? n 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/1) Cl n n
—Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? mn n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ n
Are weirs level? n n n
Page# 3

Permit: NC0036684 Owner-Facility: Bent Creek VANTP `
Inspection Date: 06/26/2009 Inspection Type: Compliance Evaluation
Yes No NA NE
Secondary Clarifier
Is the site free of weir blockage? ® n ❑ ❑
Is the site free of evidence of short-circuiting? ® n n n
Is scum removal adequate? ® n n n
Is the site free of excessive floating sludge? n n In
Is the drive unit operational? n n ® n
Is the return rate acceptable(low turbulence)? In n n
Is the overflow clear of excessive solids/pin floc? n n n
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? n n n
Are the tablets the proper size and type? n n ❑
Number of tubes in use? 3
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
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ❑
Is storage appropriate for cylinders? n n n
#Is de-chlorination substance stored away from chlorine containers? n n n
Comment:
Are the tablets the proper size and type? n n n
Are tablet de-chlorinators operational? ❑ n ❑
Number of tubes in use? 4
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? n n n
Is the generator tested by interrupting primary power source? n n n
Page# 4

Permit: NCO036684 Owner-Facility: Bent Creek VWVT P
inspection Date: 06/26/2009 Inspection Type: Compliance Evaluation
Standby Power Yes No NA NE
Is the generator tested under load? n M n n
Was generator tested&operational during the inspection? nM n n
Do the generator(s) have adequate capacity to operate the entire wastewater site? n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? n ® n n
Is the generator fuel level monitored? n n n
Comment: The generator is manually tested weekly .
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge n n n
Judge, and other that are applicable?
Comment:
Page# 5

i
� J
-_ _ _....

i!C!Di'htEH-R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 30, 2009
Bernard Kelly
Davidson River Village LLC
PO Box 880
Pisgah Forest NC 28768
SUBJECT: Compliance Sampling Inspection
Former Ecusta Mill
Permit No: NC0000078
Transylvania County
Dear Mr. Kelly:
Enclosed please find a copy of the Compliance Sampling Inspection Report for the
inspection, which I conducted at the facility on June 10, 2009. The facility was found to
be in Compliance with permit NC0000078.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 296-4500.
Sincer ly,
Keith Hay es
Environmental Senior Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70, Swannanoa, NC 28778 NOrthCarOhria
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org ;Vaturally

i_..
``_�r
_r

. . . . . � :.. . . . . . . . . . . . . � : . . . . . . . . . . . . . . . . . .. . . . . . .
) y \ 2 ;
» 2 f
E
\ \} m
-
~ IE
2 § \
) y )
may / _ ( ■ §
65,
! / ¥ t
` ) ( ( )
\ \ )! -
�
}co
_
) \ ® S \ ) { \ \ )
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �.

�° ~ ~ \ i ( \ \ \
\ > 3 .SD
\ J \ -
�
\ (
\ ) E ) ! »
CD
)
( \ \
(D \ /
� \
\ § \ \
\ \ _
■ ■ ■ ■ } ■ ■ o ■ o /
c o 0 o i o o c o o «
0 o 0 o y o .o e o e %
} 0 0 0 0 \ o o c o o \
:may
• \�\

WYTA
Aii
'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 30, 2009
Fred Tingle, General Manager
Royal Oaks, Inc. — Springdale Country Club
200 Golfwatch Road
Canton, NC 28716
SUBJECT: Compliance Evaluation Inspection
Springdale Country Club WWTP
Permit No. NCO040355
Haywood County
Dear Mr. Tingle:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 26, 2009. The facility was found to be in compliance with permit
NC0040355.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500 ext.4662.
Sincerely,
12
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
FACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NoAhCarol.ina
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 a,R�ut,R
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748 v ► `Lff
Internet:www.ncwatergualitv.org

/_-.
i�
�_/,

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Com lian.ce Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 -NI 2 15I 31 NCO040355 ill 121 09/06/26 ' 17 181 CI 19I SI 201
Remarks
211 I I I I I I I I I III I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved----------------------
67I 1.0 169 70131 71 11 721 NJ 73[ 74 75I f 11 I I I 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Springdale Country Club WWTP 03:00 PM 09/06/26 06/04/01
Springdale Country Club Exit Time/Date Permit Expiration Date
Canton NC 28716 03:30 PM 09/06/26 11/01/31
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
Gifford C Raulerson,200 Golfwatch Rd Canton NC 28716//828-235-8451/
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
ij ,.sue
L
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
3) NCO040355 I11 12I 09/06/26 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Mr. Henry Dyer& Mr. Gifford Raulerson assisted with the inspection.
The effluent appeared clear, indicating compliance with permit limits.
The surface of the plant is in need of attention. It is very corroded and rusted.
The weeds need to be removed.
Page# 2

Permit: NC0040355 Owner-Facility: Springdale Country Club VWVfP
.nspection Date: 06/26/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑
Is the facility as described in the permit? m n 11
#Are there any special conditions for the permit? n ® o
Is access to the plant site restricted to the general public? ® Q f 1
Is the inspector granted access to all areas for inspection? a Q Q ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? ® ❑ ❑ ❑
Is the screen free of excessive debris? ® ❑
Is disposal of screening in compliance? ■ ❑ ❑ ❑
Is the unit in good condition? ❑ ❑ fl
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? n n n
Is the basin free of bypass lines or structures to the natural environment? ❑ ❑ ❑
Is the basin free of excessive grease? ❑ Q
Are all pumps present?
Are all pumps operable? ® ❑ ❑ ri
Are float controls operable? rl ❑ ❑
Are audible and visual alarms operable? Q 0 ❑ [l
#Is basin size/volume adequate? E fl ❑
Comment: Due to low flow, the EQ basin is aerated only one day, every two weeks.
There is a visual alarm, but no audible alarm.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ® [I ❑ ❑
Page# 3

Permit: NCO040355 Owner-Facility: Springdale Country Club WWTP
Inspection Date: 06/26/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are surface aerators and mixers operational? n O
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
Is the DO level acceptable? Q ❑ ❑
Is the DO level acceptable?(1.0 to 3.0 mg/1) ® n n ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® n ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ® n
Are weirs level? ® ❑ n Q
Is the site free of weir blockage? ® n ❑ fl
Is the site free of evidence of short-circuiting? ® ❑ ❑ n
Is scum removal adequate? ® ❑ n n
Is the site free of excessive floating sludge? ® n n
Is the drive unit operational? f1 n ■ n
Is the return rate acceptable(low turbulence)? ® ❑ n Q
Is the overflow clear of excessive solids/pin floc? ❑ n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ® n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? M n ❑ ❑
Are the tablets the proper size and type? M 0 ❑ ❑
2
Number of tubes in use?
Is the level of chlorine residual acceptable? ® n ❑ ❑
Is the contact chamber free of growth,or sludge buildup? ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ® n ❑ n
Comment:
De-chlorination Yes No NA NE
Tablet `--
Type of system?
Page# 4

Permit: NCO040355 Owner-Facility: Springdale Country Club WWTP
,nspection Date: 06/26/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Is the feed ratio proportional to chlorine amount(1 to 1)? n Cl
Is storage appropriate for cylinders? n n ® n
#Is de-chlorination substance stored away from chlorine containers? ® 1-1 n n
Comment:
Are the tablets the proper size and type? n n n
Are tablet de-chlorinators operational? i] n n
Number of tubes in use? 2
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n N ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge m n n n
Judge, and other that are applicable?
Comment: There were waist high weeds all around the plant. More attention to
housekeeping is needed.
Page# 5

�--,.
�i,
��
ice_-�

A
jP.........
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 30, 2009
Lee H Clippard, Sr
City of Saluda
PO Box 248
Saluda NC 287730248
NOTICE OF VIOLATION
NOV-2009-PC-0588
Compliance Evaluation Inspection
Saluda WWTP
Permit No. NCO028975
Polk County
Dear Mr Clippard:
Enclosed please find a copy of the Inspection Report result from the inspection conducted 2009-06-25. The Compliance
Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office. The treatment facility was found
to be in violation of Permit NCO028975 for the following:
Review of the self-monitoring reports revealed the following violations:
Inspection Area Compliance Issue
Monitoring Requirements There is no flow recorder present at this facility.
Please refer to the enclosed Inspection Report for any additional observation and comments.
To prevent further action, carefully review these violations and deficiencies and respond to this office within thirty (30)
working day 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.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Cc: WQ Central Files w/attachment
Erny Williams, Saluda City Hall
ORC, James and James Environmental
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 North Carolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 /
Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Polk\28975 Saluda WWTP Natural&

W
G ,Z E
0
w No 024)E
N N:S
cII n C N C C C C
O m �O O m _r-V
m NN 05,0 O'3 COm
aY N°N p 0- 02 :3 N�
N O
0 C�Y
o °� 0w(U0 2C NEc
mac3 c0-
««E
m a mo`M a°Eu uc m¢r
N U n O
C NQ� NQm3 «U LVNim
0 .L-•Vi N =L- a UI Ol t •N o C
C OI C�C �Itl c O CC C CE
c •��L m3'a'� � E o m
-
-O LC mC N NL =`m
m 3
m mEE m0wa na) E Eoo
uoE
IOU-C
•>o= E=off =. `o�o�
NL p N._
c ym� .Oc umioui Yams- `oII�oZ
cE 3 - w Em `�vE
� = c O E NC, ov c=
E d °-NO E-- E Nroo«
E wo-Rc 3v— oau`o
0 0 ..E•-E �Em oco
E U 2 2E� CuZp Em0 �'�No
'• O crN_.m sc.op ern-.. •cma��
a v oE� m'a�W•`-. NNE o3_0
c u v c m m N> u Ca>
m d II C «o C E V E N E m
N ono o_� oY� >Enm
E o mL c N L ace
`N
EN >0.0 NN�N mE 3 Oo',CO
> > �Ec woml 33T IIN«'o
N Z E m ccEc ooM d�>E
uom c m c 'gOmN`
O m `)«C mcEnp, Nm« :55m
d ry u E m)p O` C C E r- ">N CC C
z n m O II N
n %cE EN3am Yc•� 'Tmv
Z y- =C L1c EQ' TN3 =�IIt/1
S NT NON'"'O C?iU SON
T d- N 5n N-, N E p a)
E
E .Nc m u t N o m j N C t nay
" W F-L..m- P.2 ZOE UL-.> V-m 0 R
tg
W W
n rv_ tl
LL O
W £ O\ 6 N W
Z' � v ■ c m @ fJ
u) wo E
o a E Z
15
a`
uv �
og. m E
c o C E
N
E c N \
U m m _
Z,05
E o
O Z _ Z v
- U ¢ u F. E _
N o - ro o 10
ca
az'
n m o e 3 p N O
Q U 3 09 m n y .41
71
a) £ Er o
_ E O E E Ii W a) E w
z

DD m -
N O
A c m n m H o ,� o m �'3 y CD - '^ m Q w ` 'w' Q `n� m m
N V O 2 O °
3 o m 3 m m m ry m m o » 3 CD m 0 3 a o tyi 3
n a N 3 0 0 o a w °P' o ! d O F o N - °_ ° m s tD 0 m 0 o
w IF n0J O O T 3 c - v W K O.C.N?J.. ° - - J
OZ o "O J'^ iD 3 m Er m m m
i CD O a m �» S
m ID N o ° m m a H O.� m a '- m m v„ ° m o n
pNDn -
m tO % " o mN N O
ID
N S ,N. 0 3 a N CDs m J v m
m[ �, N
m
O.
_m o o O�No� '� ID q
o d
_ o c
N V 5
m Nmm V v J � n 3 c°
N_ n 0016.
N y S A
N_.1CD H � c
pCD N
m yS JJ
o
ka m
O o� A J O n�N n J K
N
d 3 E N K O x
J Ot CD 0'N,x J N mN O U)
S.(D @ N am N c N
?mD) SoNNN (D O
f m n F
N
CO OOS-'O J
EL=,
S p p 51 5-o N a- WIn
N
J ID On N O�L o N m 3 n
(D< toO'O Npp '(D -
�<S CD o cr
m v
N =C S t0 (D O
o m y(D O -
O O 0—0 N _
p N ID
■ m ~ ❑ ❑ ■ ■ ■ ■ ■ O m ■ e ■ ■ ❑ ■ �h ■ ■
m
❑ to ❑ ❑ ❑ ❑ ❑ ❑ ❑ ? o ❑ ❑ ❑ ❑ io ❑ ❑ .0
❑ D ❑ ❑ ❑ ❑ ❑ ❑ ❑ ° y ❑ ❑ ❑ ❑ ❑ I;n
❑ m ■ ■ ❑ ❑ ❑ ❑ ❑ mLo
❑ ❑ ❑ ❑ im ❑ ❑ 'gym
z D D 0 #_ - 9 7 S Q ar v o UT O Op UT UT F m m m
3 '" o m1 m m f^33m CD
Er
0 3 o N s o-j
N w a J 7 N N D _ m F m a m ¢m m < i Z
m
O
° m v n CD
0 0 �. m v 0
a Hn p 3
m n N"O
D
JN 2 2 �f0 R
no
J
a �Q a co o -
3 o d m a o
CD » NN m° j NV
O 5 N
w n Q
.O N °
F O
5 c ° 0 3 w v F
N =
, m
d
7`w CD N c
fD(D n N
J _
7 0 �
y O �
CD m
0
ID ❑ ■ ■ ■ - ■ ■ ■ ■ ■ ■ ❑ ■ ❑ ■ ■ ■ ■ ■ ■ ■
❑ ❑ ❑ ❑ ❑ a o ❑ ❑ o ❑ ❑ ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o
d ■ ■ ❑ Cl ❑ n ❑ ❑ ❑ ❑ ❑ ❑ y ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Ila
❑ ❑ ❑ ❑ ❑ m ❑ ❑ ❑ ❑ ❑ ❑ m ■ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ m
n

z: zi ❑ Cl ❑ G G ❑ ❑ o ■ ❑ Z ❑ ❑ ❑
❑ a Cl ❑ z CI ❑ Cl ❑ CI ❑ z ❑ ❑- ■ a
z' z ■ ■ ■ ■ Z', ■ ❑ ❑ G ❑ ■ z G ❑ ❑
.,
N Q
C
wig-, 5
ry
d. IL C°C L O m
At u
d2 = v o U
�+ U tL-u n o. m .c
Vl
C N d
��
y c c z �° H
Y a �
L N
p C jNaO v u � N
G E
n w
tM
N L N m n ry m
E
C C N W D
a
E in 3o u 6 CS) ;E- d o. E E o a o E 3 r E
°a
n � o E p a p m C
v
mn m
.l U m a C ^ N'o N U m C .. H
Z N W'p °' n rn _ N EL 01
N= c
c m n o o v n ID
E °«' oCM3 E � m ~v o° _ v - E E F-m o F-
` rn
' d y E
EE.tc c E n o. Ea c ° m E12
� ° u a 03 d v E�
Uw000a0U� °m
w

\\,
r
`�..,.