DWR SWP Read File Archive June 2012

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RZWENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
Jun6 1, 2012
Transylvania County
DWQ Project 20120498
NCSR 1212 (Carrie Lane)
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 an unnamed tributary
of Glady Branch for the purpose of widening and making improvements to NCSR 1212(Carrie Lane)in Transylvania
County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Stream Permanent Temporary Total Stream
in Intermittent Relocation Fill in Impacts in Stream Impacts
Stream (linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Site 1 0 0 10 85 95 0
Total 0 0 10 85 95 0
Total Permanent Stream Impacts for Project: 10 lin.ft.Total Temporary Stream Impacts for Project: 85 linear ft.
The project should be constructed in accordance with your application dated May 7, 2012 (received May 17, 2012),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]\FAX:[phone]
Internet: www.ncwaterquality.org Naturallw
An Equal Opportunity\Affirmative Action Employer

Mr.J.B. Setzer,P.E.
June 1,2012
Page Two
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained i,
accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Desighl-
Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that
they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil)projects, including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites,the erosion and sediment control measures must be designed, installed, operated, and maintained
in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements
of the Sedimentation Pollution Control Act.
4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High
Quality Waters(HQW), or Water Supply I or H(WSI, WSII) stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.

B. Setzer,P.E.
pie 1,2012
Page Three
6. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124(a)-(e)] in areas draining to
(HQW)waters. However, due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B
.0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing
activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For
the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control
devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples,
stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary
groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a
fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.
7. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
9. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials.
16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.

Mr.J. B. Setzer,P.E.
June 1,2012
Page Four
19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
23. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
25. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours o,
discovery.
27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.

.B. Setzer,P.E.
.ne 1,2012
Page 5
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Charles Wakild,P.E., sirector
Division of Water Quality
Attachments
cc: Lori Beckwith,USACE,Asheville Field Office
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Dave McHenry,NCWRC
Transportation Permitting Unit
Asheville Regional Office
12-0498(Setzer)NCSR 1212 Carrie Lane

A'
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 1,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
North Carolina Department of Transportation
Project Development and Environmental Analysis
253 Webster Road
Sylva,NC 28779
Subject: Permit No.SW1120501
NCSR 1212 Carrie Lane
State Stormwater Permit
N C Department of Transportation
Transylvania County
Dear Mr. Setzer:
The Asheville Regional Office received a completed Stormwater Application for the subject project on May 31, 2012. Staff
review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW 1120501 dated June 1,2012 to the NC
Department of Transportation for proposed improvements and widening of NCSR 1212, Carrie Lane, over an unnamed
tributary of Glady Branch in Transylvania County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as
specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty(30)days following receipt of this permit. This request must be in the
form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit
shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Mr. Mike Parker at (828)
296-4500.
Sincery, d
Chuck CraVord,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCaTolina
-' Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer NaturQ`6//ff

Mr.J.B. Setzer
June 1,2012
Page Two
cc: Steve Cannon,District lEngineer
Mark Davis,Division 14 DEO
DWQ Transportation Permitting Unit
Mike Parker,Asheville Regional Office
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State Stormwater Management Systems
Permit No. SW1120501
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
STORMWATER PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws,Rules,and Regulations
PERMISSION IS HEREBY GRANTED TO
NC Department of Transportation
Transylvania County
FOR THE
Construction of a public road in compliance with the provisions of 15A NCAC 21-1.1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this permit for improving and
widening NCSR 1212 over an unnamed tributary of Glady Branch on NCSR 1212,Carrie Lane in Transylvania County.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. The runoff from the impervious surfaces has been directed away from surface waters as much as possible.
2. The Amount of built-upon area has been minimized as much as possible.
3. Best management Practices are employed which minimizes water quality impacts.
4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
5. Vegetated roadside ditches are 3:1 slopes or flatter.
6. The roadway ditches will be matted and rip rap outlet protection will be provided at all stormwater pipe outlets.

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

,it issued this the 1st day of June 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
E
�' Charles WakildP.E.,Direct
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SWI120501
NCSR 1212 Carrie Lane
SW 1120501

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 1, 2012
Mountain Recycling
Scott Kiser
1581 US Hwy 70
Connelly Springs NC 28612
SUBJECT: NPDES Stormwater Permit Compliance Sampling
Griffin-Gordon Mountain Recycling, LLC
Permit No: NCG200448
Burke County
Dear Mr. Kiser:
By notice of this letter,the Griffin-Gordon Mountain Recycling facility does not have to sample
their Stormwater Discharge Outfall (SDO) according to the permit requirements (Part II, Section
B, regarding the Representative Storm Event and Footnote #2).
As notified by the letter dated May 1, 2012, monthly sampling has been instituted at Mountain
Recycling to gauge the effectiveness of new management strategies and control measures put in
place to achieve compliance with permit benchmarks. The facility will want to sample the SDO
during a rainfall event in which overland flow is occurring and carrying stormwater from the yard
to the basin, causing the basin to discharge.
Samples of the stormwater coming onto your property from the railroad, the ditch, and the
highway should be taken to evaluate the pollutant load from those sources that are currently
comingling with your stormwater. Ideally you would want to sample those three locations during
the same storm event when you sample your SDO, starting your sampling with the three outside
sources and finishing with your SDO.
All of your sampling data should be submitted monthly to me at the following address: Division
of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778. If you wish to submit results to me
via fax or email that is acceptable as well. Do not send this monthly data to Raleigh.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www•ncwaterquality,org NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer Ajvturall✓/'�/

Mountain Recycle
June 1,2012
Page Two
Please contact me at(828) 296-4500 or linda.wiggs a,ncdenr.gov, if I can be of any further
assistance.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: Central Files
Asheville Files
S:\SWP\Burke\Stormwater\NCG20 Scrap Metal\Griffin-Mountain Recycle\samp I ingLTR.MTN recycle.doc

Av
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 4, 2012
Wyatt Brown
NCEEP
116 West Jones St. Suite G111
Raleigh,NC 27603
Subject: 401 Water Quality Certification -Approval
Project Name: Middle South Muddy Creek Stream Restoration Plan
DWQ Project# 12-0383
McDowell County
Catawba/ South Muddy Creek/ 11-32-2/Class C
Dear Mr. Brown:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 2,201 feet of streams for the purpose of
restoration and stabilization at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows
you to use Regional General/Nationwide Permit 27 when issued by the US Army Corps of Engineers
(USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application and as authorized by this Certification shall expire upon expiration of the corresponding
USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to)Erosion and
Sediment Control and any floodplain or buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone] North C aroli na
Internet:www.ncwaterquality.org
An Eaual Onoortunitvl Affrrnative Artinn Fmnlnvar �atura&y

Wyatt Brown
NCEEP
June 4,2012
Page 2 of 3
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 931 (feet) South Muddy Creek-Restoration
177 (feet) Lower S. Muddy Creek- Enhancement
24 (feet) Upper Sprouse Creek—Enhancement 1
598 (feet) Middle Lower Sprouse Branch-Restoration
471 (feet) Iva Branch- Restoration
Additional Conditions
1. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
2. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measure
from the most current version of NCDOT Construction and Maintenance Activities manual
(littp://w-wr%.ncdot.ora/doh/operations/BMP manual/download/BMP Manual pdf)
such as sandbags,rock berms, cofferdams and other diversion structures shall be used to prevent excavation
in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles are not
altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner,the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or
down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern
and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium-
of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. ThtL
applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ.

if 3
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be
used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall
not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project. Please send photographs upstream and
downstream of each culvert site to document correct installation along with the Certificate of Completion
form.
3. Please notify Tim Fox in the Asheville Regional office within 72 hours prior to starting construction
regarding this project.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Tim Fox in the Asheville Regional Office at 828-
296-4664.
Sincerely, ,
a, 4
Charlesakild, P.E., Director
CW/tf
Eric: GC 3885
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WeBSCaPe Unit—Central Office
File Copy
S:\SWP\McDowell\401s\Non-DOT\Middle South Muddy Creek Restoration\APRVL.401MiddleSouthMuddyCreek.06.01.12.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 4, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4234
Mr. Joe Hall, Registered Agent
Black Bear Development Inc.
608 Marina Drive
Nebo,NC 28761-9202
SUBJECT: NOTICE OF VIOLATION
DWQ Tracking Number: NOV 2012-PG-0189
Stream Standard Violation- Other Waste (In-stream sediment)
McDowell County
Response deadline: June 25, 2012
Dear Mr. Hall
On May 14, 2012 Tim Fox, from the Asheville Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection near 608 Marina Drive in McDowell County.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary feeding into Lake James a Class C water body in the Catawba River Basin, were
documented.
As a result of the site inspection, the following violations were identified.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f-Approximately 200 feet of an unnamed tributary feeding into Lake James and
approximately 21,000 square feet of the lake were impacted by sediment deposition measured
to be approximately 10 (plus) inches in depth throughout the stream reach, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone: [phone] FAX: [phone] ���������
Internet:: www.ncwaterquality.or.org
An Equal Opportunity t Affirmative Action Employer

Mr.Joe Hall
June 4,2012
Page 2 of 3
REQUIRED RESPONSE
The DWQ requests that you respond by June 25,2011. Your response should be sent to the
attention of Tim Fox, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and
should address the following items:
1. Stream Standard- Other Waste (In-Stream Sediment)
a. Please provide a map of the project area. The map must include all streams and
wetlands, detailing impacts both on- and off-site.
b. Please submit a Sediment Removal Plan(Plan)to this office for review and
approval. The Plan must address removal of accumulated sediment from all surface
waters. You must secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan, and obtaining any necessary
approvals. It is recommended that your consultant contact Tim Fox of the Asheville
Regional Office for additional guidance during Plan development. The Plan should
include:
• A narrative explaining how sediment will be removed; including,techniques,
manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Tim Fox.
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

'112
of 3
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters,please contact Tim Fox at(828)296-4500.
Sincerely,
r
�3
Chuck Cranford,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: WBSCPU, Karen Higgins
ARO File Copy
Division of Land Resources
Wade Harmon, Duke Energy Lake Services
SAS WP\McDowell\Complaims\Lake James Black Bear Development\NOV-2012-PC-0189.Black Bear.05-2012.docx

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4;I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 6, 2012
Steve Wilson Andrew Bradley
Unimin Corporation Unimin Corporation
PO Box 588 258 Elm St.
Spruce Pine NC 28777 New Canaan, CT 06840
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Unimin Corporation Quartz Operation
Permit No: NCG020793
WQ Certification: #20071250
Status: Non-Compliant
Mitchell County
Dear Mr. Wilson:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on.
April 17, 2012. You and Tim Fox with the Division of Water Quality were present. Mining
Stormwater Permit(NCG020793) condition and stream standard violations were noted.
I. General Permit NCG020000 Condition Violation Part I Section B - Discharges shall not
cause or contribute to violations of water quality standards.
II. Stream Standard Violation- Turbidity 15A NCAC 02B .0211 (3)k. "The turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU)in streams not
designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout
waters; for lakes and reservoirs not designated as trout waters,the turbidity shall not exceed
25 NTU".
At this time there are two areas that require Unimin's attention: the road system and the new waste
disposal area.
Portions of the road system are shared by Unimin and the Feldspar Corporation. Stormwater(SW)
discharges from the road system into an unnamed tributary(UT)to the North Toe River are
contributing to elevated turbidity levels. Both companies are required to evaluate what stormwater
control measures can be used to reduce turbidity levels in the tributary. Turbidity sampling in the
tributary during each rain event will gauge the progress of the actions taken to resolve turbidity
violations.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] NOl'1�1C1TOhlla
Internet:www.ncwaterquality.org a`��
An Equal Opportunity\Affirmative Action Employer Aatur

Unimin-Hawkins
June 6,2012
Page Two
Examples of stormwater issues from the road system.
a� ,ter
Example of untreated SW to
UT
€. s
4
`•'s'- of @�'.�.
Untreated SW entering UT �r l
- r v

ins
.1
zee
The Unnamed Tributary to N. Toe River at Shannon Dr.
West Arm
of UT East Arm of
UT
t
e.
Required Actions
Turbidity sampling during all discharging rainfall events shall be conducted on both the East and
West arm of the Tributary. The West arm drains both mines and the road system. The West arm
will also be sampled during each rain event by Feldspar personnel to determine compliance with
their improvement actions. Please keep in mind the distance between the stormwater discharges at
the mine and the sampling location. There will be a time delay in the stormwater discharge flows
from the mine getting downstream. Sample accordingly to get proper representation of the mines'
impacts. Sampling according to permit requirements (Part III, Section B, regarding the
Representative Storm Event and Footnote#2) are suspended at this time.
The East arm will be sampled only by Unimin personnel because it drains the Hawkins mine and
includes the waste disposal area needing corrective measures.
Please send a Compliance Plan response within 30 days of this inspection letter describing the
companies' plan of action to improve water quality in the tributary.
If there is to be a sizable delay in the remedial actions contact me to discuss reducing or altering
the sampling events. Otherwise sampling at noted above is required until further notice.

Unimin-Hawkins
June 6,2012 ��
Page Four \
Examples of Waste disposal Area Issues
s
a
k�
fi
Ground Cover
Improvements Needed.
t
Migrating Sediment Load in ,
Ditch/Channel.
s
� a
x.

-ins
,e
Below is a map indicating potential sampling locations. Please let me know where you will be
sampling. }
FF
f
` 'r(�p� it
Potential
YJ
: � Potential }r` a�
Sample r
fi;r #
.. 4 1
Potential f
Location 1
Sample
" • Location
5 4
F
Enclosed are copies of the Compliance Inspection Report with further information for your
reference.
Please contact me at(828)296-4653 or linda.wiggs(a�ncdenr.a..ov, if I can be of any further
assistance.
Sincerely, F
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
i
cc: Central Files
Asheville Files
DLR-ARO
S:\SWP\Mitchell\Stonnwater\NCG02 Mining\Unimin\Hawkins-Quartz\April 2012 inspection\CEI.LTR.hawkins.April2012.doc

Compliance Inspection Report
Permit: NCG020793 Effective: 09/02/11 Expiration: 12/31/14 Owner: Unimin Corporation
SOC: Effective: Expiration: Facility: Unimin Corporation Quartz Operation
County: Mitchell 7638 NC Hwy 226 S
Region: Asheville
Spruce Pine NC 28777
Contact Person: Jeffrey S Ferguson Title: Environmental Engineer Phone: [phone] Ext.13
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 04/17/2012 Entry Time: 01:00 PM Exit Time: 03:45 PM
Primary Inspector: Linda S Wiggs F tis Phone. [phone]
Secondary Inspector(s): Ext.4653
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG020793 Owner-Facility: Unimin Corporation
Inspection Date: 04/17/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The Hawkins mine has turbidity impacts to the UT of N Toe River(UT). Two areas that require attention at this time to
reduce turbidity impacts are the road system and the new waste area.
Direct stormwater discharges from the road system shared by the Feldspar-Quartz Corporation and Unimin are occurring.
Both companies will have to work together to resolve the road system issues in order to achieve reduced turbidity levels in
the UT or will have to monitor every SW outfall from the road system monthly to show the permit benchmarks can be met
consistently without a treatment device.The road system runoff should be directed to a treatment device(basin,trap)prior
to discharging to the stream wherever feasible. The inspector believes this to be feasible in several locations. If the
treatment devices are operated and maintained properly,the discharge from these devices should yield a reduced level of
turbidity in the stream.
The other impact is the drainage ditch/channel in the Hawkins mine that was created upslope and alongside the waste
area(DWQ 401 permit#2007-1250 inspecton report). It is a.conveyance for sediment and turbid water to enter the UT.
The sediment deposition upstream of the culvert needs to be xemoved, and more stabilization or ground cover needs to
be established along this ditch/channel to avoid sediment and turbidity downstream.
Turbidity sampling during each rainfall event shall be instituted on both arms of the UT until further notice.Sample results
shall be submitted to DWQ Asheville Regional Office monthly. -
Page: 2

Permit: NCG020793 Owner-Facility: Unimin Corporation
Inspection Date: 04/17/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
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: This facility was previously permitted under one permit that was a
wastewater permit which minimally incorporated a stormwater component. As with
other mines in the area, a stormwater permit(NCG020793)was recently issued (Sept
2011)to properly regulate stormwater discharges from facilities.
Turbidity levels instream (Unnamed Tributary to N. Toe River)during rain events
exceed class"C"stream standard of 50 NTUs. The receiving stream is actually
classified a Tr stream with a 10 NTU standard. However, the inspector is going to work
with the mines to achieve a 50 NTU level instream of the Unnamed Tributary (UT). If
the mines can get a level at or below 50 NTU in the UT then the confluence with the N
Toe should not cause levels be greater than 10 NTUs in the N Toe.
Permit and Outfatls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ 0
#Were all outfalls observed during the inspection? E ❑ ❑ ❑
#If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑
#Has the facility evaluated all illicit(non stormwater)discharges? DOOM
Comment: The road system and created ditch/chann'O d''rscharges are the likely
source of the turbidity impacts. Refer to summary and 401 inspection report for more
information.
Basins at Stormwater Discharge Outfalls (SDO)#1,`#31 #4 are functioning but may need
added management stategies or reconfiguring in the future to improve treatment. But
the primary focus for Unimin at this time should be the road system and new waste area.
Page: 3

i�
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Wetland Inspection Report
Project Num: 20071250 Version: '3 Status: Issued
Project Name: Hawkins Mine Stream Relocation Project Type: Other
County: Mitchell Region: Asheville
Location: Hawkins Mine Stream Relocation
Latitude: +35*52-40" Longitude: -82°04'42"
SW Plan Location:
Site Owner Name: Vencill, Mike
Inspection Date: 04/17/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(non-DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Linda S Wiggs Ate, Phone: [phone] Ext.4653
Secondary Inspector(s):
Facility compliance Status: Q Compliant 0 Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
The facility is non-compliant with their NCG020000 permit and the 401 conditions.The Inspector is working with the facility to resolve
problems and gain compliance with the permits and the turbidity stream standard.
Items that require attention include:
*The sediment that has migrated in the ditch/channel needs to be removed.
*Ground cover needs to be established. Given the poor shallow soils, it is unclear what groundcover will be best. Unimin may need to
investigate appropriate groundcover options if the grass does not persist.
*The basin created is still receiving stream flows which can compromise the basin capacity and effectiveness.NCG020793 sampling
requirements as well as added downstream turbidity sampling will evaluate if basin is compromised.
*The suspended iron bacteria in the UT will likely fluctuate and should dissipate downstream. If it persists and causes downstream
turbidity issues,a further evaluation of the bacteria will need to take p,lace.,
Page: 1

Project Num: 20071250 Owner: Vencill;Mike
Inspection Date: 04/17/2012 Inspection Type: Site Inspection(non-DOT) Reason for Visit: Routine
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? N ❑ ❑ ❑
Are the culverts and/or filled areas installed properly? 0000
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0000
Comment: Sediment is migrating from the created ditch/channel to the UT.
Ground cover is insufficient to retain soils.
Waste area fill has caused excessive suspended iron bacteria in UT, such that the
turbidity levels were elevated in the UT. Turbidity levels in UT during rain events are
also elevated. Refer to NCG020793 inspection report for other causes.
r
Page: 2

AfflW4,;_1Wy
�I FAA
C ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 6, 2012
Peggy Dortch
K T Feldspar Corporation
PO Box 99
Spruce Pine NC 28777
SUBJECT: NPDES Stormwater Permit Compliance Inspection
K-T Feldspar Corp-Pine Mount M&P
Permit No: NCG020274
Status: Non-Compliant
Mitchell County
Dear Mrs. Dortch:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
May 15, 2012. You and Tim Fox with the Division of Water Quality were present. Mining
Stormwater Permit(NCG020794)condition and stream standard violations were noted.
I. General Permit NCG020000 Condition Violation Part I Section B -Discharges shall not
cause or contribute to violations of water quality standards.
II. Stream Standard Violation-Turbidity 15A NCAC 02B .0211 (3)k. "The turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU)in streams not
designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout
waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU".
At this time Feldspar Corp. needs to direct its attention in the Pine Mountain mine to the road
system.
Portions of the road system are shared by the Feldspar Corporation and Unimin. Stormwater(SW)
discharges from the road system into an unnamed tributary(UT)to the North Toe River are
contributing to elevated turbidity levels. Both companies are required to evaluate what stormwater
control measures can be used to reduce turbidity levels in the tributary. Turbidity sampling in the
tributary during each rain event will gauge the progress of the actions taken to resolve turbidity
violations.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 brie
Phone:[phone]\FAX:[phone] NorthCarolina
Internet:www.ncwaterquality.org ft,
An Equal Opportunity\Affirmative Action Employer �a`tuNallff

Feldspar-Pine Mtn
June 6,2012
Page Two
Examples of stormwater issues from the road system.
r.
-JY-
v
tom,:
ter,.
Example of untreated SW to
UT
i
w
�m
�.r
�k3^
t .taW
Untreated SW entering UT
u

Mtn
12
.,ree
The Unnamed Tributary to N. Toe River at Shannon Dr.
West Arm
of UT East Arm of
UT
_ - 5 NG3xi
Required Actions
Turbidity sampling during all discharging rainfall events shall be conducted on the West arm of
the Tributary. The West arm drains both mines and the road system. It is suggested that you
sample at Shannon Drive just upstream of the confluence with the East arm. If you chose to sample
elsewhere please let me know. The West arm will also be sampled during each rain event by
Unimin personnel to determine compliance with their improvement actions. Please keep in mind
the distance between the stormwater discharges at the mine and the sampling location. There will
be a time delay in the stormwater discharge flows from the mine getting downstream. Sample
accordingly to get proper representation of the mines' impacts. Sampling according to permit
requirements (Part III, Section B,regarding the Representative Storm Event and Footnote#2) are
suspended at this time.
Please send a Compliance Plan response within 30 days of this inspection letter describing the
companies' plan of action to improve water quality in the Tributary.
If there is to be a sizable delay in the remedial actions contact me to discuss reducing or altering
the sampling events.Otherwise sampling at noted above is required until further notice.

Feldspar-Pine Mtn
June 6,2012
Page Four
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference. _
Please contact me at [phone] or linda.wiagsL)ncdenr Gov,if I can be of any further
assistance.
Sincerely,
f V
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
DLR-ARO
S:\SWP\Mitchell\Stormwater\NCG02 Mining\Feldspar-Quartz\Pine Mountain-Quartz Corp\May 2012 inspection\CEI.LTR.May2012.doc

Compliance Inspection Report
Permit: NCG020274 Effective: 01/01/10 Expiration: 12/31/14 Owner: K T Feldspar Corporation
SOC: Effective: Expiration: Facility: K-T Feldspar Corp-Pine Mount M&P
County: Mitchell Hwy 226 N
Region: Asheville
Spruce Pine NC 28777
Contact Person: Peggy Dortch Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 05/15/2012 Entry Time: 02:00 PM Exit Time: 05:00 PM
Primary Inspector: Linda S Wiggs Phone: [phone]
Ext.4653
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:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG020274 Owner-Facility: K T Feldspar Corporation
Inspection Date: 05/15/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary: �-
The Pine Mountain mine has turbidity impacts to the UT of N Toe River(UT). The area at this time that requires attention
to reduce turbidity impacts is the road system.
Direct stormwater discharges from the road system shared by the Feldspar-Quartz Corporation and Unimin are occurring.
Both companies shall work together to resolve the road system issues in order to achieve reduced turbidity levels in the
UT or will have to monitor every SW outfall from the road system monthly to show the permit benchmarks can be met
consistently without a treatment device.The road system runoff should be directed to a treatment device(basin,trap)prior
to discharging to the stream wherever feasible.The inspector believes this to be feasible in several locations. If the
treatment devices are operated and maintained properly the discharge from these devices should yield a reduced level of
the turbidity in the stream.
Turbidity sampling during each rainfall event shall be instituted on the west arm of the UT until further notice. Sample
results shall be submitted to DWQ Asheville Regional Office monthly.
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: Turbidity levels instream (Unamed Tributaryto N. Toe River) during rain
events exceeds class "C" stream standard of 50 NTUs. The receiving stream is actually
classified a Tr stream with a 10 NTU standard. However, the inspector is going to work
with the mines to achieve a 50 NTU level instream of the Unnamed Tributary (UT). If the
mines can get a level at or below 50 NTU in the UT then the confluence with the N Toe
should not cause levels be greater than 10 NTUs in the N Toe. --
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? 00110
#If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ ■ ❑
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ ■ ❑ ❑
Comment: The road system discharges are causing problems in the stream.
Specifically around SDO#6. The primary focus at'this.'time is for the mine to resolve
road system discharges.
Page: 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 11,2012
William R. Banks and Jim McQueen
Mountain Air Country Club
Post Office Box 1037
Burnsville,North Carolina 28714
SUBJECT: NOTICE
Mountain Air Country Club
Project# 2001-0635
Yancey County
Response deadline: July 9,2012
Dear Messrs. Banks and McQueen:
A file review has revealed that sufficient mitigation documentation has not been submitted for the
restoration work on England Branch. Water Quality Certification 2001-0635, Condition 8,
requires that stream impacts associated with development activities on the Mountain Air property
would need to be mitigated, monitored, and annual reports submitted, indicating the success of the
mitigation work performed,
REQUIRED RESPONSE
The DWQ requests that you respond by July 9,2012. Your response should be sent to my
attention at the Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should
address the following items:
• As-built surveys of the restored stream reach. These surveys must include both plan view
and longitudinal profile.
• A current condition survey, also in both plan view and longitudinal profile.
• The results of a planting density measurement and a comparison to the as-built planting
density measurement.
• The results of a benthic macro-invertebrate survey and a comparison to the pre-project
benthos survey.
• A summary of the above surveys and comparisons to pre-project/as-built conditions along
with a plan and timeline to address any deficiencies revealed through the data collection
requested.
• A copy of the recorded conservation easement for the mitigation project area.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone] //
Internet: www,ncwaterquality.org �atura���
An Equal Opportunity t Affirmative Action Employer

Mountain Air Country Club
June 11,2012
Page 2 of 2
Thank you for your attention to this matter. Should you have any questions regarding these
matters,please contact me at(828) 296-4657.
Sincerely,
Kevin Barnett
Environmental Specialist
cc: NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Chris Huysman, Wetlands and Natural Resource Consultants, Inc.
S:\SWP\Yancey\401s\Non-DOT\N4ountain Air\Mitigation defiecies Notice.doc

WA
A 'W
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director Dee Freeman
Secretary
June 11, 2012
Marcus Jones, County Engineer
Cane Creek Water & Sewer District
1 Historic Courthouse Square, Suite#6
Hendersonville, NC 28792
Subject: Permit No. WQ0035968
Cane Creek Water& Sewer District
Goacher Sewer Line Extension
Wastewater Collection System Extension
Henderson County
Dear Mr. Jones:
In accordance with your application received May 20, 2012 we are forwarding herewith Permit No.
W00035968, dated June 11, 2012, to Cane Creek Water& Sewer District for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T or any
individual system-wide collection system permit issued to the Permittee.
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity S were Minat des
imum
Permitting of this project does not constitute an acceptance of an 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.
Noi thCarolina
�Vatura!!�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone] FAX:[phone]
Intemet:www ncwaterquali ore

Cane Creek Water& Sewer District June 11, 2012 Page,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Cane Creek Water& Sewer District for the construction and operation of approximately
150 linear feet of 8-inch gravity sewer; to serve the Goacher Sewer Line Extension project and the
discharge of 750 gallons per day of collected domestic/commercial wastewater into the French Broad
River Water Reclamation Facility NCO024911 existing sewerage system, pursuant to the application
received May 20, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit;
The sewage and wastewater collected by this system shall be treated in the French Broad River
Water Reclamation Facility (Permit No. NCO024911) prior to being discharged into the receiving
stream.
This permit shall become voidable unless the agreement between Cane Creek Water & Sewer
District and Metropolitan Sewerage District of Buncombe County French Broad River Water
Reclamation Facility for the collection and final treatment of wastewater is in full force and effect.
Construction of the subject wastewater collection system shall not commence until approval for
the construction and operation of these sewers has been obtained from the Metropolitan Sewerage
District of Buncombe County.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4558.
Sincerely, /1121
V;
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Henderson County Health Department
Asheville Regional Office, Surface Water Protection WWTF Permit No. NCO024911
William G. Lapsley, PE
Metropolitan Sewerage District of Buncombe County
PERCS Files
S:\SWP\Henderson\Collection Systems\Henderson County Utilities-Cane Creek Sewer District1WQ0035968 Goacher Extension.docx

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (Le.
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

A
PERMIT NO. WQ0035968, Cane Creek Water& Sewer District, Goacher Sewer Line Extension June 11, 2012
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to.the Non-Discharge Permitting --
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 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 2T .0300; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North. Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

'ERMIT NO.WQ0035968, Cane Creek Water&Sewer District, Goacher Sewer Line Extension June 11, 2012
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 11 DAY OFJUNE, 2012
NORTH CAROLINA ENVIRON NTAL MANAGEMENT COMMISSION
for Charles,Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00035968
3

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PERMIT NO. W00035968, Cane Creek Water&Sewer District, Goacher Sewer Line Extension June 11, 2012
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the Cane Creek Water & Sewer District for the construction and
operation of approximately 150 linear feet of 8-inch gravity sewer; to serve the Goacher Sewer Line
Extension project
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0300; the Division of Water Quality's(Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
..................................................................................................
SEND THIS FORM&SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
................................................................................................:
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
June 1102012
Hugh Lipham, Manager
Housing Assistance Corporation
602 Kanuga Road
Hendersonville, NC 28793
Subject: Permit No. WQ0035992
Housing Assistance Corporation
Oak Haven Regal Oaks Wastewater
Collection System
Henderson County
f" Dear Mr. Lipham:
In accordance with your application received May 31, 2012, we are forwarding herewith Permit
No. WQ0035992, dated June 11, 2012, to Housing Assistance Corporation for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject'to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
NooAhCarolina
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone] FAX:[phone]
Intemet:www.nmaterquality.org

Housing Assistance Corporation June 11, 2012 Henderson County Pay.
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 Housing Assistance Corporation for the construction and operation of approximately 575
linear feet of 6-inch gravity sewer; a 35—gallon per minute pump station with duplex pumps, on-site
audible and visual high water alarms, and a portable generator receptacle with telemetry as well as
approximately 815 linear feet of 2-inch force main 10 serve!Oak Haven Regal Oaks Wastewater
Collection System 132 residences, and the disci arg'e`of,151,846 gallons per day of collected
domestic/commercial wastewater into the City o Heridersonvilie's'existing sewerage system, pursuant
to the application received May 31, 2012 and in confo'rrrityi with 15A NCAC 2T; the`Division's Gravity
Sewer Minimum Design Criteria adopted February 12,,.1996 as applicable; the Division's Minimum
Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000
as applicable; and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit;
The sewage and wastewater collected by this system shall be treated in the City of
Hendersonville's Wastewater Treatment Facility Permit No.N00025534 prior to being discharged into
the receiving stream.
This permit shall become voidable unless the agreement between Housing Assistance
Corporation and the City of Hendersonville for the collection and final treatment of wastewater is in full
force and effect.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the \`
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Jeff Menzel at (828)
296-4658.
Sincerely,
for Charles'Wakild, P.E., Director
Division of Water Quality
cc: Henderson County Health Department
Asheville Regional Office, Surface Water Protection WWTF Permit No. NCO025534
Mike Anderson Engineering
City of Hendersonville Permit No.N00025534
PERCS Files
S:ISWMendersonlCollection SystemslHendersonville CSIWQ0035992 Oak Haven Regal Oaks.docx

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maii'itained 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.
f
1

PERMIT NO.wQ0035992 , Oak Haven Regal Oaks Collection System , Henderson County June 11,2%_
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 dault'in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
A.
8. Failure to abide by the conditions and lrmtatlond`contained `in this permit; 15A NCAC 2T .0300; the
Division's Gravity Sewer Design 'Criteria adopted.'February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track'Pd.ifting 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 ia vtla"ter quality staff member at the Asheville Regional
Office, telephone number [phone]:, as.soon:as possible, but in no casemore than 24 hours
or on the next working day, following the occurrence or first knowledge of the
of the following: occurrence of either
2 '

1MIT NO.WQ0035992 , Oak Haven Regal Oaks Collection System , Henderson County June 11,2012
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above. occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 11 DAY OF JUNE, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
e
for Charles,'Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00035992
3

,<MIT NO.WQ0035992 Oak Haven Regal Oaks Collection System , Henderson County June 11,2012
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the Housing Assistance Corporation for the construction and operation of
approximately 575 linear feet of 6-inch gravity sewer; a 35-gallon per minute pump station with duplex pumps,
on-site audible and visual high water alarms, and a portable generator receptacle with telemetry as well as
approximately 815 linear feet of 2-inch force main to serve Oak Haven Regal Oaks Wastewater Collection
System 132 residences, and the discharge of 15,840 gallons per day of collected domestic/commercial
wastewater into the City of Hendersonville's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations(selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria. This project shall not be considered complete nor allowed to operate until this
Engineer's Certification and all required supporting documentation have been received by the Division.
Therefore, it is highly recommended that this certification be sent in a manner that provides proof of
receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑'full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0300; the Division of Water Quality's(Division)Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
.....................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 11, 2012
Jeffery V. Morse
Town of Valdese
121 Faet Street
Valdese, NC 28690
Subject: NOTICE OF VIOLATION - RESCISSION
NOV-2012-MV-0031 and NOV-2012-MV-0032
Permit No. NCO041696
Lake Rhodiss WWTP
Burke County
Dear Mr. Morse:
Upon further review of the permit limits and monitoring requirements established in the BIMS database and
the January DMR you provided, it has been determined that rescission of the subject NOVs is appropriate.
The BIMS database information did not fully reflect the permit requirements and has been corrected. Also,
the DMR information for the month of January had not been entered correctly, thereby causing permit
monitoring violations to be generated.
Thank you for your follow-up and diligence in completing the required monitoring.
If you should have any questions, please do not hesitate to contact me at 828-296-4650.
Sincerely,
Chuck ford, Regiona Supervisor
Surface Water Protection Section
cc: ARO copy
Point Source Branch
No thCarolina
,NWA(rallrm
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterouality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 12,2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3435
Casey R. and Kristy M. Robinson
75 Roy Edwards Lane
Mars Hill,North Carolina 28754
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Robinson Property along Roy Edwards Lane
NOV-2012-OP-0009
Failure to Secure 401
Removal of Best Usage
Madison County
Response deadline: June 25, 2012
Dear Mr. and Mrs. Robinson:
On August 28, 2008,the Asheville Regional Office of the Division of Water Quality(DWQ) sent a
Notice of Violation and Recommendation for Civil Penalty Assessment to Roger Robinson. The
Division participated in an on-site meeting, along with the US Army Corps of Engineers, and your
consultant, Clear Water Environmental, Inc. As of this date, the culvert has not been removed, nor
has a 401 Water Quality Certification been applied for. The stream culverting activity remains a
water quality violation, and must be resolved.
Stream standard, and 401 WQC violations were noted during the previous inspection and file
review. Sediment impacts to and Unnamed tributary to Big Branch, classified WS-II,HQW,were
documented.
As a result of the site inspection and file review,the following violations were identified:
VIOLATIONS
I. Removal of Best Usage—15A NCAC 02B.0211 (2)—Approximately 1,050 feet of an un-
named tributary to Big Branch, class WS-II, HQW, was impacted byi'�culverts,representing
Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone: 6-45001 FAX: [phone] �atura!!�
Internet:: www.ncwaterquality.org
An Equal Opportunity',Affirmative Action Employer

Casey R.and Kristy A Robinson
June 12,2012
Page 2 of 3 �\
II. Failure to Secure a 401 Water Quality Certification (WQC)
A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers
(USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts
noted above. Such an application is required pursuant to Section 404 of the Clean Water
Act and Part 15A of North Carolina Administrative Code 2H .0500.
REQUIRED RESPONSE
The DWQ requests that you respond by June 25,2011. Your response should be sent to the
attention of Kevin Barnett,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778
and should address the following items:
1. Removal of Best Usage—15A NCAC 02B.0211 (2) and 401 Water Quality
Certification
a. Please explain why these impacts occurred without prior authorization.
b. Please provide a map of the project area. The map must include all streams and
wetlands on-site, detailing all impacts (i.e., culverts and/or fill).
Two (2) options exist to resolve the violations related to the 401 Water Quality
Certification:
1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining
to the culvert installation that has occurred. A 401 WQC will be required if the
activities are permitted by the Corps. The application process as described does not
guarantee the impacts will be approved.
2. Restore the stream to pre-existing conditions.
a. includes the removal of the impacts, restoration of the stream channel as
well as the restoration of the streambank and buffer along the stream.
If pursuing Option 1:
1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of
the activities you have undertaken. The Asheville office phone number is (828)
271-7980.
2. Provide a proposed schedule of when you expect to have the required Pre-
Construction Notification(401 WQC application) submitted to DWQ.
If pursuing Option 2:

.j Kristy M.Robinson
Al2
of 3
a. Please submit a Stream Restoration Plan to this office for review and approval. You
must secure an environmental consultant experienced in stream restoration to assist you
with development of your plan and authorization necessary to achieve compliance.
The plan must include the removal of the impacts, restoration of the stream channel as
well as the restoration of the streambank and buffer along the stream. Refer to the
attached Stream Restoration Plan Guidance.
It is recommended that your consultant contact Kevin Barnett of the Asheville Regional
Office for additional guidance during plan development. The plan should include the
following:
b. A proposed schedule with dates that indicate when you expect to begin and complete
the restoration work.
c. Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Kevin Barnett.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations,as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Kevin Barnett at(828) 296-4657.
Sincerely,
T
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Tasha McCormick,US Army Corps of Engineers, Asheville Regulatory Field Office
David McHenry,North Carolina Wildlife Resources Commission
Clement Riddle, Clearwater Environmental, Inc.
Madison County Planning
S:\SWP\Madison\401s\Non-DOT\Robinson-Big Branch\NOV20120P0009.CaseyRobinson.doc

AkT-R?FA
A'f'A
reia�
CDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 13,2012
Cleveland County
DWQ Project 20120530
NCSR 2644 (Appian Way)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. M.L.Holder,P.E.
Division 12 Engineer
North Carolina Department of Transportation
Post Office Box 47
Shelby,North Carolina,28151-0047
Dear Mr. Holder:
You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary
to Buffalo Creek(Kings Mountain Reservoir)for the purpose of replacing and extending the existing culvert(80 linear
feet by 96-inch CMP)on NCSR 2644(Appian Way)in Cleveland County:
Stream Impacts in the Broad River Basin
Site Permanent Fill Stream Bank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear (linear ft) Perennial Perennial Impact Requiring
ft) Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Site 1 0 25 20 20 65 0
Total 1 0 1 25 1 20 1 20 1 65 0
Total Permanent Stream Impacts for Project: 45 lin.ft. Total Temporary Stream Impacts for Project: 20 linear ft.
The project should be constructed in accordance with your application dated May 25, 2012 (received May 31, 2012), and
additional information dated and received on June 6, 2012 including the environmental commitments made in the
application letter. After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including(but
not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] / I,
Internet: www,ncwaterquality.org �tur�`fi/U
An Equal Opportunity klirmative Action Employer

Mr.M.L. Holder,P.E.
June 13,2012
Page Two
This approval is valid solely for-the purpose and design described in your application(unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s)of Certification:
1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, ar
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
5. NCDOT will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration
techniques)prescribed by the North Carolina Wildlife Resources Commission.

M.L. Holder,P.E.
ane 13,2012
Page Three
6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
22. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.

Mr.M.L. Holder,P.E.
June 13,2012
Page Four
23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60).-
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter'
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
AL
Charles Wakild, P.E.,Director
Division of Water Quality
Attachments
cc: Liz Hair,USACE,Asheville Field Office
Trish Simon,Division 12,DEO
Neil Trivette,Roadside Environmental
Dave McHenry,NCWRC
Transportation Permitting Unit
Asheville Regional Office
12-0530(Holder)NCSR 26444 Appian Way ''

CDERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 15, 2012
Mr. Clement Riddle
French Broad Mitigation Partners, LLC
224 South Grove St., Ste. F
Hendersonville,NC 28792
Subject: 401 Water Quality Certification -Approval
UT Wash Creek Mitigation Bank
DWQ Project# 11-0440
Henderson County
FRB /UT Wash Creek/6-55-7/B
Dear Mr. Riddle:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
-' Approval has been granted to place fill within or otherwise impact approximately 1323 feet of stream for the
purpose of restoration at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows
you to use Nationwide Permit 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 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 Appx. 1323 (feet) PCN and Plan drawings
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] NorthCarolina
Internet:www.ncwaterquality.org
irtumc�llty
An Equal Opportunity'•.Affirmative Action Emnlover

Mr.Riddle
UT Wash Creek Mitigation Bank
June 15,2012
Page 2 of 2
1. Monitoring Requirement
As-built plans of the stream restoration, including photo documentation and plant survival count must be
submitted to the NCDWQ annually for a period of five (5)years. The first as-built plan shall be
submitted after the completion of the restoration,then annually thereafter, documenting the status and
stability of the restored stream, and including a narrative description of any necessary maintenance work
required. This monitoring shall be in conformance with monitoring described in Section 8.2 of the UT
Wash Creek Mitigation Plan.
2. Stormwater Outlet Monitoring Requirement
The existing stormwater outfalls shall be monitored to ensure that flow is not re-concentrating and
causing erosion of the restored stream buffer. This shall be reported as part of the photo documentation
and description listed above.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office
at [phone].
Sincerely,
1° Charles`Wakild, P.E.,Director
CWlsaw
Enc: GC3885
Certificate of Completion
cc: James W. Ball,Jr., Town of Laurel Park
Andrew Bick, Confluence Engineering, PC
Natalie Berry, Henderson County Planning
Amanda Jones,USACE Asheville Regulatory Field Office
Karen Higgins, WeBSCaPe Unit—Central Office
Dave McHenry,NC WRC
ARO File Copy
S:\SWP\Henderson\401s\Non-DOT\UT Wash Creek Mitigation Bank\APRVL.UT Wash Creek.6 2012.doc

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 18,2012
Karen E Andrews,Town Manager
Town of Rutherfordton
129 N Main Street
Rutherfordton NC 28139
Subject: NOTICE OF VIOLATION
NOV-2012-DV-0130
Permit No. WQCS00127
Town of Rutherfordton
Rutherfordton Collection System
Rutherford County
Dear Ms.Andrews,
A review has been conducted of Rutherfordton Collection System's self reported Sanitary Sewer Overflows
(SSO's)5-Day Reports submitted by Town of Rutherfordton. This review has shown the subject facility to be
in violation of the requirements found in Collection System Permit WQCS00127 and/or G.S. 143-215.1(a)(1).
The violation/s that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 05/14/2012 Sanitary Sewer Overflow Discharge
NOV-2012-DV-0130 Incident# 201201069 Without Valid
Permit
Please submit in writing within fifteen(15)days of receipt of this letter documentation of the rainfall
event described in your 5-Day Report.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar
situations. If you should have any questions,please do not hesitate to contact Asheville Regional Staff,or
Jeff Menzel at 828-296-4500.
Sir1c``rely f, /
_a
Chuck Cranford ._
Surface later Protection Section Supervisor
Division of Water Quality
Asheville Region
Cc: DWQ ARO Files
PERCS Unit
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OrFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone: [phone]TAX:828 299-7043 �aturall�
Internet:www.ncwaterguality.org
S:\SWP\Rutherford\Collection Systems\Rutherfordton Collection System\NOV-2012-DV-0130.docx

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 18, 2012
Scott D. Hoyle
Town of Forest City
PO Box 728
Forest City NC 28043-0728
Subject: NOTICE OF VIOLATION
NOV-2012-DV-0131
NOV-2012-DV-0132
NOV-2012-DV-0133
Permit No. WQCS00050
Town of Forest City
Forest City Collection System
Rutherford County
Dear Mr. Hoyle:
A review has been conducted of Forest City Collection System's self reported Sanitary Sewer Overflows
(SSO's) 5-Day Reports submitted by Town of Forest City. This review has shown the subject facility to
be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S. 143-
215.1(a)(1). The violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO(Sewer Overflow) 05/14/2012 Sanitary Sewer Overflow Discharge
NOV-2012-DV-0131 57,600 gallons Without Valid
Incident# 201200857 Permit
CSO/SSO(Sewer Overflow) 05/14/2012 Sanitary Sewer Overflow Discharge
NOV-2012-DV-0132 33,300 gallons Without Valid
Incident# 201200858 Permit
CSO/SSO(Sewer Overflow) 05/14/2012 Sanitary Sewer Overflow Discharge
NOV-2012-DV-0133 40,400 gallons Without Valid
Incident# 201200855 Permit
Please submit in writinE within fifteen (15) days.of receipt of this letter(1) documentation of the
rainfall event described in your 5-Day Reports an (2)additional information concerning the status
of the grant referenced in your 5-Day Reports.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone] �-. NOrthCarOlina
Internet:www.ncwaterauality.ora naturally
S:\SWP\Rutherford\Collection Systems\Forest City Collection System\NOV-2012-DV-01 31,NOV-2012-DV-01 32,NOV-2012-DV-
01 33.docx

Scott D.Hoyle
June 18,2012
Page 2
You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar
situations. If you should have any questions,please do not hesitate to contact Asheville Regional
Staff,or Jeff Menzel at 828-296-4500.
Sincerely,
Chuck Cranford
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Region
Cc: DWQ ARO Files
PERCS Unit

'asT•T`�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 18, 2012
Randall Turpin
Tuckaseigee Water& Sewer Authority
1246 West Main Street
Sylva, NC 28779
Subject: Permit No. W00035994
Tuckaseigee Water& Sewer Authority
R-5000 Utility Relocation
Wastewater Collection System Extension
Jackson County
Dear Mr. Turpin:
In accordance with your application received June 5, 2012 we are forwarding herewith Permit
No. WQ0035994, dated June 18, 2012, to Tuckaseigee Water& Sewer Authority (TWSA)for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is therefore
incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 .��,.� One
NOI'ttICaT011ria
Phone:[phone] FAX:[phone]
Naurall
Internet:www.nmaterquality.org

TWSA June 18, 2012 Pad,
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
TWSA for the construction and operation of approximately 179 linear feet of 8-inch gravity sewer and
251 linear feet of 12-inch gravity sewer to serve office space and a school as part of the R-5000 Utility
Relocation project, and the discharge of no additional gallons per day of collected domestic wastewater
into the TWSA's existing sewerage system, pursuant to the application received June 5, 2012 and in
conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February
12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable-, and other supporting data subsequently
filed and approved by the Department of Environment and Natural Resources and considered a part of
this permit;
The sewage and wastewater collected by this system shall be treated in the TWSA Wastewater
Treatment Facility (Permit No. NC0039578) prior to being discharged into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Keith Haynes at (828)
296-4500.
Sincerely,
X U
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Jackson County Health Department
Asheville Regional Office, Surface Water Protection
Mulkey Engineers & Consultants
Water Quality Central Files
PERCS Files

NORTH"CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T .0300; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0300. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0300:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

A
PERMIT NO W00035994 TWSA R-5000 Utilities Relocation Jackson County June 18 20
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T .0300; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional - '
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

r'ERMIT NO W00035994 TWSA R-5000 Utilities Relocation Jackson County June 18 2012
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the Eighteenth of June, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for CharlUVakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035994
c_
3

PERMIT NO WQ0035994 TWSA R-5000 Utilities Relocation Jackson County June 18. 20
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
179 linear feet of 8-inch gravity sewer and 251 linear feet of 12-inch gravity sewer to serve office space and a
school as part of the R-5000 Utility Relocation project
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0300; the Division of Water Quality's(Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
:.................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be "
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

�M&
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 18, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3626
Carson Fisher
Burke County General Services
PO Box 1486
Morganton,NC 28680-1486
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00324
Burke County General Services
Burke County Collection System
Case No. DV-2012-0024
Burke County
Dear Mr. Fisher:
This letter transmits an assessment of civil penalty in the amount of$2,137.00 ($2,000.00 civil
penalty + $137.00 enforcement costs) against Burke County General Services.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow(SSO) (Incident# 201201070) 5-Day Report submitted by Burke County General
Services. This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00324 and G.S. 143-215.1(a)(1), The violations that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Burke County General Services
violated the terms, conditions or requirements of Collection System Permit WQCS00324 and G.S.
143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the
maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person
who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Burke County General Services.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhna
Phone:[phone] FAX:[phone] �� �atut'allt�
Internet: www.ncwaterqualiV.org
An Equal Opportunity 1 Affirmative Action Employer
SAsWP\Burke\Collection Systems\Burke County Collection System\DV-2012-0024.docx

$2,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit#
WQCS00324 for a Sanitary Sewer Overflow of 160,000
gallons of untreated wastewater from the collection system.
$2,000.00 TOTAL CIVIL PENALTY
$137.00 ENFORCEMENT COST
$2,137.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention
of:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment r,
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

pts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
,)fficial 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, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,NC 27699-1617
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact the Water Quality Section staff of the Asheville Regional Office at 828-296-4500.
ZY
Chuck Crartford
Water Quality Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
PERCS Unit Enforcement Files w/attachments

statement that establishes why you believe the civil penalty should be remitted, and submit it to tip
Division of Water Quality at the address listed below. In determining whether a remission request\\
will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Chuck Cranford, Regional Supervisor
Division of Water Quality
DENR
2090 US Highway 70
Swannanoa,North Carolina 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2012-0024 County: BURKE
Assessed Party: Burke County General Services
Permit No. (if applicable): WQCS00324 Amount Assessed: $2,137.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONM�`l,
AND NATURAL RESOURCES
COUNTY OF BURKE
BURKE COUNTY GENERAL SERVICES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
BURKE COUNTY GENERAL SERVICES/ ) STIPULATION OF FACTS
BURKE COUNTY COLLECTION SYSTEM )
PERMIT NO. WQCS00324 ) FILE NO. DV-2012-0024
Having been assessed civil penalties totaling $2,137.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 18, 2012,the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed _-
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
June 19, 2012
Robert Cagle, Mayor
Town of Robbinsville
PO Box 126
Robbinsville NC 28771
SUBJECT: Collection System Inspection
Robbinsville Collection System
Permit No: WQCS00158
Graham County
Dear Mayor Cagle:
Enclosed please find a copy of the Collection System Inspection Report from the
inspection conducted on April 19, 2012. The Collection System Inspection was
conducted by Linda Wiggs and me of the Asheville Regional Office. The facility was
found to be in Compliance with permit WQCS00158.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by Bobby Silvers during the inspection was greatly
appreciated. If you or your staff has any questions, please do not hesitate to contact me
at 828-296-4500.
Sincerel ,
Keith Hay s
Environmental Sr. Specialist
Enclosure
cc: Michael J. Ladd, ORC
Central Files
Asheville Files
S:\SWP\Graham\Collection Systems\Robbinsville Coll Sys WQCS00158\INSPIetter4.19.12.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone] NOrthCarolina
Internet:www.ncwaterguality.orq Nato alIll

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Compliance Inspection Report
Permit: WQCS00158 Effective: 03/01/09 Expiration: 02/28/17 Owner: Town of Robbinsville
SOC: Effective: Expiration: Facility: Robbinsville Collection System
County: Graham PO Box 126
Region: Asheville
Robbinsville NC 28771
Contact Person: Robert Cagle Title: Phone: [phone]
Directions to Facility:
System Classifications: CS1,
Primary ORC: Michael J.Ladd Certification: 13878 Phone: [phone]
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0025879 Town of Robbinsville- Robbinsville WWTP
Inspection Date: 04/19/2012 Entry Time: 01:00 PM Exit Time: 03:30 PM
Primary Inspector: Keith Haynes 40� Phone: [phone]
Secondary Inspector(s):
Linda S Wi s
99 Phone: [phone] Ext.4653
Reason for Inspection: Routine Inspection Type: Collection System Inspection Sampling
Permit Inspection Type: Collection system management and operation
Facility Status: ■ Compliant ❑Not Compliant
Question Areas:
Miscellaneous Questions Performance Standards ■Operation&Maint Reqmts Records
■Monitoring&Rpting .Inspections Manhole
Reqmts
(See attachment summary)
r.
Page: 1

Permit: WQCS00158 Owner•Facility: Town of Robbinsville
Inspection Date: 04/19/2012 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine
1
Inspection Summary:
The time and assistance of Town of Robbinsville staff during this inspection was greatly appreciated. The Town has
made very good progress in addressing the deficiencies noted during the 2010 inspection.
Page: 2

Permit: WQCS00158 Owner-Facility: Town of Robbinsville
Inspection Date: 04/19/2012 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑
What educational tools are used?
Newspaper
Is Sewer Use Ordinance/Legal Authority available? 0 ❑ ❑ ❑
Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ■ Cl
Is Grease Trap Ordinance available? ❑ ❑ 0 ❑
Is Septic Tank Ordinance available(as applicable,i.e.annexation) ❑ Cl 0 ❑
List enforcement actions by permittee,if any, in the last 12 months
none
Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑
Does CIP address short term needs and long term\"master plan\"concepts? ■ ❑ ❑ ❑
Does CIP cover three to five year period? ■ ❑ ❑ ❑
Does CIP include Goal Statement? ❑ ❑ ❑ 0
r.;t
Does CIP include description of project area? M ❑ ❑ ❑
Does CIP include description of existing facilities? ■ Cl ❑ ❑
Does CIP include known deficiencies? ■ ❑ ❑ ❑
Does CIP include forecasted future needs? ❑ ❑ ❑
Is CIP designated only for wastewater collection and treatment? ❑ ❑ ❑
Approximate capital improvement budget for collection system? $2,532,150.00
Total annual revenue for wastewater collection and treatment? $1,131,539.00
CIP Comments
CIP includes new WWTP, but needs updating regarding other future needs. A new goal statement should
also be included.
Is system free of known points of bypass? 0 ❑ ❑ ❑
If no,describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations? ❑ 0 M ❑
#Does the sign include:
Instructions for notification? ❑ ❑ M ❑
Pump station identifier? ❑ ❑ 0 ❑
24-hour contact numbers ❑ ❑ 0 ❑
If no,list deficient pump stations
The system currently has no pump stations
Page: 3

Permit: WQCS00158 Owner-Facility: Town of Robbinsv.ille
Inspection Date: 04/19/2012 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ❑ ■ ❑
Number of pump stations 0
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry 0
Number of pump stations that have only audible and visual alarms 0
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? ❑ ■ ❑ ❑
#If yes,date implemented?
Describe:
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ ❑ ❑ ❑
Are records available that document pump station inspections? ❑ ❑ ■ ❑
Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ■ ❑
I �
Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ ❑ ■ ❑
Are records available that document citizen complaints? ■ ❑ ❑ ❑
#Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑ ❑
#Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑
Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑
Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑
Comment:
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? ■ ❑ ❑ ❑
Does supervisor review all log books on a regular basis? ■ ❑ Cl 0
Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ ❑
What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas?
Are maintenance records for equipment available? ■ ❑ ❑ ❑
Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑
What is the schedule for testing emergency/standby equipment? monthly
Page: 4

Permit: WQCS00158 Owner-Facility: Town of Robbinsville
Inspection Date: 04/19/2012 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine
Do pump station logs include:
Inside and outside cleaning and debris removal? ❑ ❑ ■ ❑
Inspecting and exercising all valves? In ❑ ■ ❑
Inspecting and lubricating pumps and other equipment? ❑ ❑ ■ ❑
Inspecting alarms,telemetry and auxiliary equipment? ❑ ❑ ■ ❑
Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ ■ ❑
Are maintenance records for right-of-ways available? ■ ❑ ❑ ❑
Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑
Are system cleaning records available? ■ ❑ ❑ ❑
Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑
What areas are scheduled for cleaning in the next 12 months?
Is a Spill Response Action Plan available? ■ ❑ ❑ ❑
Does the plan include:
24-hour contact numbers ■ ❑ ❑ ❑
Response time ■ ❑ ❑ ❑
Equipment list and spare parts inventory ■ ❑ ❑ ❑
Access to cleaning equipment ■ ❑ ❑ ❑
Access to construction crews,contractors,and/or engineers ■ ❑ ❑ ❑
Source of emergency funds ■ ❑ ❑ ❑
Site sanitation and cleanup materials ■ ❑ ❑ ❑
Post-overflow/spill assessment ■ ❑ ❑ ❑
Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑
Is the spare parts inventory adequate? ❑ ❑ ❑ ■
Comment: Town has a pump truck. A generator is available through EMS as the town
does not own one. Parts consist of replacement line and connections.
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? ❑ ❑ ■ ❑
Are records of SSOs that are under the reportable threshold available? ❑ ❑ ■ ❑
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ❑ ■ ❑
If yes,is there a corrective action plan? ❑ ❑ ■ ❑
Page: 6

Permit: WQCS00158 Owner-Facility: Town of Robbinsville
Inspection Date: 04/19/2012 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine
Is a map of the system available? ■ ❑ ❑ ❑
Does the map include:
Pipe sizes ■ ❑ ❑ ❑
Pipe materials ■ ❑ ❑ ❑
Pipe location ■ ❑ ❑ ❑
Flow direction ■ ❑ ❑ ❑
Approximate pipe age ■ ❑ ❑ Cl
Number of service taps Cl ■ ❑ ❑
Pump stations and capacity ❑ ❑ ■ ❑
If no,what percent is complete? 95%
List any modifications and extensions that need to be added to the map
Size of very old lines is not known. Taps are not on map. Town has approximately 500.
#Does the permittee have a copy of their permit? ■ ❑ ❑ ❑
Comment: No reported SSO since 2005.
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? 11000
J
Are public notices and proof of publication available? ❑ ❑ ■ ❑
#Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ ❑ ❑ ❑
#Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ ❑
If no,which one(s)?
Comment: The Town has made improvements in the areas were needed, as was
noted in the February 2010 inspection report. The collection system appeared to be
adequately maintained for a small town.
INGLES -behind Ingles
Manhole Yes No NA NE
Is manhole accessible? ■ ❑ ❑ ❑
#Is manhole cover/vent above grade? ■ ❑ ❑ ❑
Is the manhole free of visible signs of overflow? ■ ❑ ❑ ❑
Is the manhole free of sinkholes and depressions? ■ Cl ❑ ❑
Is manhole cover present? ■ ❑ ❑ ❑
#Is manhole properly seated? ❑ ■ ❑ ❑
Page: 6

Permit: WQCS00158 Owner-Facility: Town of Robbinsville
Inspection Date: 04/19/2012 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine
#Is manhole in good condition? ■ ❑ ❑ n
#Is invert in good condition? ■ ❑ ❑ n
Is line free-flowing and unrestricted in manhole? ■ n n n
Is manhole free of excessive amounts of grease? ■ n n ❑
Is manhole free of excessive roots? ■ ❑ n n
Is manhole free of excessive sand? ■ ❑ ❑ n
Is manhole's extended vent screened? n n ■ n
Are vents free of submergence? ❑ n ■ n
Are manholes free of bypass structures or pipes? ■ n n n
Comment: Some work needs to be done around the top of the manhole "seat".
OLD WATER PLANT -old water plant
Manhole Yes No NA NE
Is manhole accessible? ■ ❑ ❑ n
#Is manhole cover/vent above grade? ■ n n
Is the manhole free of visible signs of overflow? ■ n ❑ ❑
Is the manhole free of sinkholes and depressions? ■ n ❑ n
Is manhole cover present? ■ ❑ n ❑
#Is manhole properly seated? ■ Q Cl n
#Is manhole in good condition? ■ n ❑
#Is invert in good condition? ■ n n Cl
Is line free-flowing and unrestricted in manhole? ■ ❑ 0 Cl
Is manhole free of excessive,amounts of grease? ■ n n n
Is manhole free of excessive roots? ■ n n
Is manhole free of excessive sand? ■ n n n
Is manhole's extended vent screened? n n ■ ❑
Are vents free of submergence? n n ■ ❑
Are manholes free of bypass structures or pipes? ■ n ❑ n
Comment:
Page: 7

ArT4
�' A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 19, 2012
Mr.James M. Hensler,President and CEO
Horsehead Corporation
4955 Steubenville Pike, Suite 405
Pittsburgh,PA 15205
Subject: NOV Incident Closure
Horsehead Corporation—Rutherford County,NC Facility
DWQ Tracking Number:NOV-2012-PC-0153
Construction Stormwater permit—NCGO 10000
Rutherford County
Dear Mr.Hensler:
The Division of Water Quality (DWQ)has received the Response to the Notice of Violation letter
sent on May 9,2012 related to the Notice of Violation(NOV-2012-PC-0153) at the Horsehead
Corporation site in Rutherford County NC.
DWQ has reviewed the information provided and conducted a follow-up site visit on June 8, 2012
(along with Darlene Kucken, Division of Land Resources). The written response and the results
observed at the site have satisfactorily resolved the violations noted in the subject NOV. As a result
of the inspection it has been determined that no clean up will be required. The NOV sent on May 9,
2012 will be closed out.
This letter in no way precludes this office from 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.
Thanks to Tim Basilone, Vice President of Environmental Affairs for Horsehead Corporation,
Forrest Westall and Mark Cathey of McGill and Associates for meeting with us and improving
communication with this project. If you have any additional questions please contact Tim Fox at
[phone].
Sincerely,
Tim Fox
Environmental Specialist
Surface Water Protection Section
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE e On
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone: 6 4500\FAX: [phone] No
�atura���
Internet:: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

cc: Karen Higgins-WeBSCaPU
ARO File Copy
Laura Herbert—Division of Land Resources
Timothy R Basilone—Horsehead Corporation
Forrest Westall-McGill and Associates
Mark Cathey-McGill and Associates
Jay Stewart—McGill and Associates
David Odom—Odom Engineering
SS:\SWP\Rutherford\Stormwater\NCGO1 Construction\Horsehead Corp\CLO.Horsehead.06-11-12.docx

A104
NCDE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 19, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3671
Ms. Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina.General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO071897
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP
Case No. LV-2012-0093
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$687.00
($550.00 civil penalty+ $137.00 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Mizpah Healthcare Inc. for the month of October 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
October 2011 are summarized in Attachment A to this letter. '
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc. violated the
terms, conditions or requirements of NPDES Permit NCO071897 and G.S. 143-215.1(a)(6)in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Mizpah Healthcare Inc.:
None
rthCarohna
vvaturallry
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.v�
$250.00 NC0071897,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD- Cone.
$550.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$687.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) -
occurred or the accuracy of any of the factual statements contained in the civil penalty '
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment,and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources ,
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments '
Bob Guerra/Enforcement Files w/attachments
James &James Environmental,/ORC w/attachments
. ail':ljE.r7LErti(It2�1 t iew.t:r Ziiiu3r,:Elender ua,= 4kted I..:ivilig''!8()T.€l (),.,-0t9:,.rii=c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0093 County: Henderson
Assessed Party: Mizpah Healthcare Inc. / Henderson's Assisted Living WWTP
Permit No.: NCO071897 Amount Assessed: $687.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEI,,
AND NATURAL RESOURCES
COUNTY OF HENDERSON
L
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
MIZPAH HEALTHCARE INC. / ) ADMINSTRATIVE HEARING AND
HENDERSON'S ASSISTED LIVING WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO071897 ) FILE NO. LV-2012-0093
Having been assessed civil penalties totaling$687.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 19, 2012,the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 120
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P, E. Dee Freeman
Governor Director Secretary
June 20, 2012
Marcus Jones, County Engineer
Cane Creek Water & Sewer District
1 Historic Courthouse Square, Suite#6
Hendersonville, NC 28792
Subject: Permit No. WQ00356009
Cane Creek Water & Sewer District
Naples Knoll Subdivision Sewer Line
Wastewater Collection System Extension
Henderson County
Dear Mr. Jones:
In accordance with your application received May 24, 2012 and additional information
received on June 14, 2012 we are forwarding herewith Permit No. WQ00356009, dated June
20, 2012 to Cane Creek Water & Sewer District for the construction and operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance
until rescinded and shall be,subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is therefore incorporated therein by
reference.
Please pay particular attention to Permit Condition 3, which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T
.0403 or any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that
does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000
as applicable, unless specifically mentioned herein. Division approval is based on acceptance
of the certification provided by a North Carolina-licensed Professional Engineer in the
application. It shall be the Permittee's responsibility to ensure that the as-constructed project
meets the appropriate design criteria and rules. Failure to comply may result in penalties in
accordance with North Carolina General Statute §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the
North Carolina-licensed Professional Engineer to the licensing board.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
2090 U.S. Highway 70,Swannanoa, NC 28778 One
Phone:[phone] FAX:[phone] NoorthCarollina
w �+Intemet:NkAA .ncaterquality.orn ` /
atun ly
An Equal Opportunity Affirmative Action Employer'!
S:\SWP\Henderson\Collection Systems\Henderson County Utilities-Cane Creek Sewer District\WQ0036009 Naples Knoll.docx

A
Cane Creek Water&Sewer District
June 20,2012
Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Applicant for the construction and operation of approximately 300 linear feet of 8-inch
gravity sewer; to serve the Naples Knoll Subdivision Sewer Line project, and the discharge of
1,200 gallons per day of collected domestic wastewater into the French Broad River Water
Reclamation Facility NC0024911 existing sewerage system, pursuant to the application
received May 24, 2012 and in conformity with 15A NCAC 2T-, the Division's Gravity Sewer
Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June
1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the French
Broad River Water Reclamation Facility (Permit No. NC0024911) prior to being discharged into
the receiving stream.
This permit shall become voidable unless the agreement between Cane Creek Water &
Sewer District and Metropolitan Sewerage District of Buncombe County French Broad River
Water Reclamation Facility for the collection and final treatment of wastewater is in full force and
effect.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within 30 days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are
made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Jeff Menzel at
[phone] or via E-mail at [e-mail]
Sincerely,
for Charles Wakild, P.E,.,Director
Division of Water Quality
cc: Henderson County Health Department
Asheville Regional Office, Surface Water Protection WWTF Permit No. NC0024911
Jon H. Laughter, PE Laughter, Austin and Associates
Metropolitan Sewerage District of Buncombe County
PERCS Files (electronic copy only)

Cane Creek Water&Sewer District
June 20,2012
Page 3
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
C. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections
are documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.

Cane Creek Water&Sewer District
June 20,2012 �v
Page 4
g. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall
also include legal means for inspections of the grease interceptors, enforcement for
violators and the legal means to control grease entering the system from other public and
private satellite sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least
bi-annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts(1)and(2)
of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of
three years with exception of the map,which shall be maintained for the life of the system.
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. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit shall be
submitted with the required supporting documents to the address provided on the form. A complete
certification is one where the form is fully executed and the supporting documents are provided as
applicable.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions,the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement facilities.

.ne Creek Water&Sewer District
June 20,2012
Page 5
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 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(828)-296-4500, as soon as possible, but in no case more than 24 hours or
on the next working day, following the occurrence or first knowledge of the occurrence of either of
the following:
a. Any process unit failure, due to known or unknown reasons,that renders the facility incapable of
adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage
or breakage, etc.; or
b. Any 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 and
submitting Part I of Form CS-SSO (or the most current Division approved form) within five days
following first knowledge of the occurrence. This report must outline the actions taken or proposed
to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current
Division approved form)can also be completed to show that the SSO was beyond control.
Permit issued this the 20 day of June, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
Division of Water Quality
by authority of The Environmental Management Commission
Permit Number WQ0036009

AT NO. WQ0036009, Cane Creek Water& Sewer District, Naples Knoll Sewer Line June 20, 2012
ENGINEERING CERTIFICATION-POST CONSTRUCTION
System Description:
permission is hereby granted to the Cane Creek Water& Sewer District for the construction and operation
of approximately 300 linear feet of 8-inch gravity sewer; to serve the Naples Knoll Sewer Line project
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater
collection system extension
• supporting design calculations(selected pumps, system curve, operating point, available storage if
portable generator(s) or storage greater than longest past three year outage reliability option
selected)for any pump stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form.
Permit modifications are required for any changes resulting in non-compliance with this permit,
regulations or minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and
all required supporting documentation have been received by the Division. Therefore, it is highly
recommended that this certification be sent in a manner that provides proof of receipt by the
Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe(❑ periodically, ❑weekly, ❑ full time)the construction of the above
referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within
substantial compliance of this permit; 15A NCAC 2T .0300; the Division of Water Quality's (Division)
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.........................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
........................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion of
this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions.

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 20, 2012
North Carolina National Guard—Asheville FMS#1
Thomas Morris
1636 Gold Star Drive
Raleigh,NC 27607-6410
Subject: No Exposure Certification—Approval
NCGNE0853
North Carolina National Guard—Asheville FMS#1
Buncombe County
Dear Mr. Morris:
The Division has reviewed your application for a No Exposure Certification for Exclusion(NE) for the subject
facility. Based on the information provided and a site visit conducted on June 12, 2012,the NE has been approved.
Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such
that your facility can no longer qualify for a NE, 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 NE does not expire. In order to help assure that your facility stays in compliance
with all of the conditions in the Certification,you must self-recertify your facility at least annually. Please
see the attachment for information on self-recertification. We are also hereby rescinding your current permit
Certificate of Coverage, NCG080533.
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 Tim Fox at 828-296-4664, or at tim.fox
@ncdenr.gov.
Sincerely,
F -
for Charles-Wakild,P.E.
cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files
ARO Files
DWQ Central Files NCG080533
SASWP\Buncombe\Stornrwater\3-No Exposures\North Carolina National Guard\APRVL NE.6.13.12.doc
Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterquality.org No2-thCarollna
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An Equal Opportunity\Affirmative Action Employer

AP
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 20,2012
Dr. Samuel Leder
4755 Technology Way
Suite 202
Boca Raton, Florida 33431-3338
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Lora Young Dam
NOV-2012-PC-0167
Transylvania County
Dear Dr. Leder:
The Division of Water Quality has received correspondence from Terry Allen dated May 23, 2012
and May 24, 2012, in response to the NOV noted above. The proposal includes the removal of
sediment from Upper Creek, Class C,Tr, HQW. You have proposed to remove sediments, released
from the Lora Young Dam, from approximately 2,200 linear feet of Upper Creek beginning at the
outlet of the dam and ending at the confluence with the East Fork French 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,
Kevin Barnett
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
S:\SWP\Transylvania\Complaints\EastForkLakePropertyLLC\Leder.sedremovalplan approval.06-20-2012.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]\FAX:[phone] Internet: www.ncwaterquality.org �aNaturally//
An Equal Opportunity\Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 20, 2012
Peggy Dortch
The Feldspar Corporation
PO Box 99
Spruce Pine NC 28777
SUBJECT: NPDES Stormwater Permit Compliance Inspection
The Feldspar Corporation-ALTAPASS
Permit No: NCG020818
Mitchell County
Dear Ms. Dortch:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
May 15, 2012. Mining Stormwater Permit(NCG020818) and Wastewater Permit(NC0000353)
condition violations were noted. Both permits have conditions related to proper Operation and
Maintenance as well as Bypassing. The previous Wastewater Permit(BMPS Plan) and the current
Stormwater Permit(SPPP)have conditions related to illicit discharge or non-stormwater
discharges. Noted during the inspection and from a file review,the area by the tailings tank
continues to have illicit discharge problems that need to be addressed. (See pictures below.
Arrows point to issues noted.)
Illicit Discharges Documented
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Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] NorthCarolina
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

.eldspar
2012
Discharge Pipe with Mine Solids at Outfall
MR
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The area where the solids from the Wastewater Treatment Plant are handled/stored needs attention.
This area has the potential to carry remnant wastewater pollutants directly to the river with little or
no treatment. The treatment unit is a small sediment trap with a rip rap outlet.
Sediment Trap at Tailings Handling Area
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eldspar
2012
Required Response
Please send a Compliance Plan within 30 days of this inspection letter describing how the
Feldspar Company plans to resolve these issues and avoid them in the future.
Enclosed is a copy of the Compliance Inspection Report,which contains additional
important requirements for your attention.
Please contact me at(828) 296-4500 or linda.wiggs(a,ncdenr.gov, if I can be of any further
assistance.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
Asheville Wastewater File NC0000353
ARO-DLR
S:\SWP\1\4itchell\Stormwater\NCG02 Mininffeldspar-Quartz\AltapasslMay 2012 inspection\CEI.LTR.altapass2012.doc

Compliance Inspection Report
Permit: NCG020818 Effective: 04/27/12 Expiration: 12/31/14 Owner: The Feldspar Corporation
SOC: Effective: Expiration: Facility: The Feldspar Corporation-ALTAPASS
County: Mitchell 530 Altapass Rd
Region: Asheville
Spruce Pine NC 28777
Contact Person: Peggy Dortch Title: Phone: [phone]
Directions to Facility:
Hwy 19E to Altapass Hwy
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 05/15/2012 Entry Time: 10:00 AM Exit Time: 12:30 PM
Primary Inspector: Linda S Wiggs Phone: [phone]
Secondary Inspector(s):
Ext.4653
Timothy R Fox Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

1.
'j ...
Permit: NCG020818 Owner-Facility: The Feldspar Corporation
Inspection Date: 05/15/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The Altapass-Feldspar facility has recently received coverage under the NCG020000 Stormwater(SW)Mining Permit.
Previously SW management was handled under the NC0000353.Wastewater(WW) Permit.
The entire site was not inspected;the area by Plant 3 was not,inspected.
Illicit discharges were documented. The illicit discharges are occurring in the vicinity of the tailings tank,which has a
history of problems according to DWQ file review.
Three areas in this vicinity were in violation:
1. Some component of the tailings tank was leaking and a constant flow was going to the nearby SW traps,which were
full and discharging. This discharge would be considered WW.
2.An overhead line was leaking (maintenance personnel arrived during inspection to investigate this).
3.There is a small (-4-6")pipe in the river with mine solids apparent at its outfall. Personnel were unsure of its origin.
The concern is the pipe is associated with tailing tank or some component of process WW system.
Tailings Storage/Handling Area: The area where the tailings from the industrial process are handled needs work. If
determined to be feasible for the facility, all water from this area should be directed back to the Wastewater Treatment
Plant(WWTP). Currently it is allowed to discharge to the river through basically one large check dam. Unlike the
aggregate mines, the mineral mines have to use several chemical compounds(acids, petroleum products, polymers)to
separate out the minerals. The handling area of the solids from this separation process has the potential to carry
pollutants to the river via SW. If it is not feasible to direct runoff from this area to the WWTP then proper treatment
structures will be needed. The Stormwater Plan lists basins, but what are in place are small traps with rip rap outlets, both
appear to be undersized and not functioning optimally.
Analytical Sampling:
Sampling Timing discussed below under"Analytical Monitoring".
Sampling Location for#5 and#6:
Both are obtained at the river and have access issues. Logistically and for safety reasons personnel should not have to
be in or on the river to sample outfalls. f
Outfall#6 is located at a steep bank and outfall#5 is in a brush thicket. Samples should be obtained directly from the
end of the pipe before the runoff water enters the river. Extended samplers can be used to reach the discharge or stairs
can be installed where necessary. The discharge from Outfall 6 drains the tailings stock pile area and comingles with US
Gypsums outfall. Outfall#6 should not be sampled at the end of the pipe, but at the base of the rip rap dams as required
in Part III Section E.2. B. Since WW is reaching Outfall#5 it too shall be sampled as required in Part III Section E. 2. B.
Page: 2

Permit: NCG020818 Owner-Facility: The Feldspar Corporation
Inspection Date: 05/15/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑
Comment: Previous Qualitative Monitoring reports from Outfall 5 and 6 observed in
June and September of 2011 indicate "NR" in the "Total Event Precipitation".
Qualitative Monitoring (QM) is to be performed at all outfalls twice a year during a storm
event. Please be sure QM is performed during a rainfall event while the outfalls are
discharging.
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: Again this was previously performed as directed by the stormwater
coverage under NC0000353. The site is now under a NCG020000 permit.
Sampling Timing:
Ideally samples should be gathered within the first 30 minutes of discharge but it is more
important to obtain samples than to not sample because,you cannot obtain samples
within 30 minutes. The NCG020000 permit allows you to make note in the SPPP if
sampling occurs outside the 30 minutes (Section B, Footnote 2).
Where the actual samples are obtained for outfalls is incorrect. See summary.
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: Outfalls#14 were not observed, they are by Plant 3 which was not
inspected. Outfalls#5-and 6(6A)were observed during the inspection. Both 5 and 6 at
this time are to be sampled according to Table 8. Outfall 5 has an illicit discharge from
the industrial processing water(wastewater). Outfall 6 is the handling area for tailings
from the Wastewater Treatment Plant and is considered a process area. See summary.
Page: 3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 20, 2012
Marcus Jones, County Engineer
Cane Creek Water & Sewer District
1 Historic Courthouse Square, Suite#6
Hendersonville, NC 28792
Subject: Permit No. W00036009
Cane Creek Water & Sewer District
Naples Knoll Subdivision Sewer Line
Wastewater Collection System Extension
Henderson County
Dear Mr. Jones:
In accordance with your application received May 24, 2012 and additional information
received on June 14, 2012 we are forwarding herewith Permit No. WQ0036009, dated June 20,
2012 to Cane Creek Water & Sewer District for the construction and operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance
until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is therefore incorporated therein by
reference.
Please pay particular attention to Permit Condition 3, which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T
.0403 or any individual system-wide collection'systern permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that
does not meet 15A NCAC 2T; the Division of.Water;Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000
as applicable, unless specifically mentioned herein. Division approval is based on acceptance
of the certification provided by a North Carolina-licensed Professional Engineer in the
application. It shall be the Permittee's responsibility to ensure that the as-constructed project
meets the appropriate design criteria and rules. Failure to comply may result in penalties in
accordance with North Carolina General Statute §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the
North Carolina-licensed Professional Engineer to the licensing board.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
2090 U.S.Highway 70,Swannanoa, NC 28778 One
NorthCarolina
Phone:[phone] FAX:[phone] x r; ',:. Naturally
Intemet:www.ncwaterquali .ore �/yatura[l y
An Equal Opportunity 1 Affirmative Action Employer
SASWPIHenderson\Collection Systems\Henderson County Utihtles;t Cane Creek Sewer District1WQ0036009 Naples Knoll.docx

Cane Creek Water&Sewer District
June 20,2012
Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Applicant for the construction and operation of approximately 300 linear feet of 8-inch
gravity sewer; to serve the Naples Knoll Subdivision Sewer Line project, and'the discharge of
1,200 gallons per day of collected domestic wastewater into the French Broad River Water
Reclamation Facility NC0024911 existing sewerage system, pursuant to the application
received May 24, 2012 and in conformity with; 15A NCAC 2T; the Division's Gravity Sewer
Minimum Design Criteria adopted February 12'' 1996 as-'applicable; the Division's Minimum
Design Criteria for the Fast-Track Permitting tif"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 French
Broad River Water Reclamation Facility (Permit No. NC0024911) prior to being discharged into
the receiving stream.
This permit shall become voidable unless the agreement between Cane Creek Water &
Sewer District and Metropolitan Sewerage District of Buncombe County French Broad River
Water Reclamation Facility for the collection and final treatment of wastewater is in full force and
effect.
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 contactJeff Menzel at
[phone] or via E-mail at [e-mail]
Sincerely, ;.
fP
for Charles Wakild, P.E., Director
Division of Water Quality
cc: Henderson County Health Department
Asheville Regional Office, Surface Water Protection WWTF Permit No. NC0024911
Jon H. Laughter, PE Laughter, Austin and Associates
Metropolitan Sewerage District of Buncombe County
PERCS Files (electronic copy only)

Cane Creek Water&Sewer District
June 20,2012
Page 3
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
C. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections
are documented.
£ A general observation of the entire sewer system shall be conducted at least once per year.

Cane Creek Water&Sewer District
June 20,2012
Page 4
g. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall
also include legal means for inspections of the grease interceptors, enforcement for
violators and the legal means to control grease entering the system from other public and
private satellite sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least
bi-annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts(1)and(2)
of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of
three years with exception of the map,which shall be maintained for the life of the system.
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. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit shall be
submitted with the required supporting documents to the address provided on the form. A complete
certification is one where the form is fully executed and the supporting documents are provided as
applicable.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through§143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions,the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement facilities.

,ane Creek Water&Sewer District
June 20,2012
Page 5
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(828)-296-4500, as soon as possible, but in no case more than 24 hours or
on the next working day, following the occurrence or first knowledge of the occurrence of either of
the following:
a. Any process unit failure, due to known or unknown reasons,that renders the facility incapable of
adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage
or breakage,etc.; or
b. Any 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 and
submitting Part I of Form CS-SSO (or the most current Division approved form) within five days
following first knowledge of the occurrence. This report must outline the actions taken or proposed
to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current
Division approved form)can also be completed to show that the SSO was beyond control.
Permit issued this the 20 day of June,2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
Division of Water Quality
by authority of The Environmental Management Commission
Permit Number WQ0036009

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,MIT NO. WQ0036009, Cane Creek Water& Sewer District, Naples Knoll Sewer Line June 20, 2012
ENGINEERING CERTIFICATION.-POST CONSTRUCTION
System Description:
permission is hereby granted to the Cane Creek Water& Sewer District for the construction and operation
of approximately 300 linear feet of 8-inch gravity sewer; to serve the Naples Knoll Sewer Line project
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater
collection system extension
• supporting design calculations(selected pumps, system curve, operating point, available storage if
portable generator(s) or storage greater than longest past three year outage reliability option
selected)for any pump stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form.
Permit modifications are required for any changes resulting in non-compliance with this permit
regulations or minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and
all required supporting documentation have been received by the Division. Therefore, it is highly
recommended that this certification be sent in a manner that provides proof of receipt by the
Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above
referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within
substantial compliance of this permit; 15A NCAC 2T.0300; the Division of Water Quality's(Division)
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast-Track Permitting of Pump .Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
...............................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED`ATTACHMENTS TO THE FOLLOWING ADDRESS.
CHUCK CRANFORD
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
:.......................................................................................:
The Permittee is responsible for tracking all partial certifications up until a final certification is received.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion of
this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions.

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman
Governor Director Secretary
June 21, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1868
Mr. Ridgeway T. Lynch, Jr.
Kanuga Conferences Inc.
P.O. Box 250
Hendersonville,North Carolina 28793-0250
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO024431
Kanuga Conferences Inc.
Kanuga Conferences WWTP
Case No. LV-2012-0095
_ Henderson County
Dear Mr. Lynch:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Kanuga Conferences Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Kanuga Conferences Inc. for the month of July 2011. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO024431. The violations which occurred in
July 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Kanuga Conferences Inc. violated
the terms, conditions or requirements of NPDES Permit NCO024431 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Kanuga Conferences Inc.:
NorthCarolina
AWMA Y
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]FAX: [phone]
Internet:www.ncwaterauality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0024431, by discharging waste water into the waters of the State \
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
r Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely, f
Chuck Cta lford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments _
DWQ Central Files w/attachments
Bob Guerra/Enforcement Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0095 County: Henderson
Assessed Party: Kanuga Conferences Inc.
Permit No.: NC0024431 Amount Assessed: $337.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEI1v
AND NATURAL RESOURCES
COUNTY OF HENDERSON �
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
KANUGA CONFERENCES INC. / )
KANUGA CONFERENCES WWTP )
PERMIT NO. NCO024431 ) FILE NO. LV-2012-0095
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 21,2012, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 21, 2012
Steve Wilson
Unimin Corporation
PO Box 588
Spruce Pine,NC 28777
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Green Mountain#1
Permit#NCG020032
Yancey County
Dear Mr. Wilson:
The Division of Water Quality(DWQ)has received correspondence from Clearwater Consultants
dated June 15, 2012, in response to the DWQ non-compliance letter dated May 18, 2012. The
proposal includes the removal of sediment from an unnamed tributary to Mine Fork. Sediment
removal in 500 feet of the stream by means of manual labor and hand tools is proposed.
The remedial actions proposed 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,
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
Central Files
Clearwater Consultants(e-copy)
SASWP\Yancey\Stormwater\NCG02 Mining\Unimin\Unimin Green Mt Plant#1 Daybook Property\April 2012
Inspection\S edimentRemovalAPPRO V ALJune2012.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]\FAX:[phone] 1, //
Internet: www,ncwaterquality.org Naturally
An Equal Opportunity\Affirmative Action Employer

N-EWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 21, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1899
Mr. James Rice
Eaven Brice Partnership
329 Emma Road
Asheville,North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO067342
Eaven Brice Partnership
North View Mobile Home Park WWTP
Case No. LV-2012-0096
Buncombe County
Dear Mr. Rice:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00
($250.00 civil penalty+ $137.00 enforcement costs) against Eaven Brice Partnership.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Eaven Brice Partnership for the month of October 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0067342. The violations which occurred in
October 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Eaven Brice Partnership violated the
terms, conditions or requirements of NPDES Permit NCO067342 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Eaven Brice Partnership:
One NhCarohna
Natumll!
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE...- -s
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0067342, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0067342, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Cone.
$250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$387.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition L
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincere ,
Chuck Cr rd, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/Enforcement Files w/attachments
James Queen/ORC w/attachments
5'.tiLt 1 tt3cancon t�� !'ast it t<r.11in a 7`_s�l� L re4r N 111 6%_;.:.I 1.i'-M 2 0-96 doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0096 County: Buncombe
Assessed Party: Eaven Brice Partnership/North View MHP WWTP
Permit No.: NCO067342 Amount Assessed: $387.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
EAVEN BRICE PARTNERSHIP/ )
NORTH VIEW MHP WWTP )
PERMIT NO.NCO067342 ) FILE NO, LV-2012-0096
Having been assessed civil penalties totaling $387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 21, 2012, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30)days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of 520
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SIGNATURE
ADDRESS
TELEPHONE

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NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 22, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1875
Mr. R. Belvin Hall,Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO061182
Buncombe County Schools
North Buncombe High School WWTP
Case No. LV-2012-0098
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Buncombe County Schools for the month of November
2011. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0061182. The violations which
occurred in November 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO061182 and G.S. 143-215.1(a)(6)in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
ne
NofthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2 -
Location:2090 U.S. Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0061182, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty: J
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
1.617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please \,
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR '�
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck CraAfedd, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments J
Bob Guerra/DWQ Point Source w/attachments
RPB Systems/ORC w/attachments
�. 13} l E t n li 1%,}st [v lE-linc G,. crth Bum,,High Sch c 1 E8 .- 2o12 11t)vg.,10

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0098 County: Buncombe
Assessed Party: Buncombe County Schools
Permit No.: NCO061182 Amount Assessed: $337.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN.
AND NATURAL RESOURCES �\
COUNTY OF BUNCOMBE \
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
NORTH BUNCOMBE HIGH SCHOOL )
PERMIT NO.NCO061182 ) FILE NO. LV-2012-0098
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 22,2012, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 22, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 08751882
Mr. John Boone, Mayor
Town of Elk Park
P.O. Box 248
Elk Park,North Carolina 28622
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 NCO079561
Town of Elk Park
Elk Park WWTP
Case No. LV-2012-0097
Avery County
Dear Mayor Boone:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$487.00
($350.00 civil penalty+ $137.00 enforcement costs) against the Town of Elk Park.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Elk Park for the month of October 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079561. The violations which occurred in
October 2011 are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that the Town of Elk Park violated the
terms, conditions or requirements of NPDES Permit NCO079561 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Elk Park:
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterouality.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. �
$100.00 NC0079561, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0079561, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$350.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$487.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center 'V J
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely
Chuck Cf A'nford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments ;-
DWQ Central Files w/attachmentsi
Bob Guerra/DWQ Enforcement Files w/attachments
Otis Ward/ORC w/attachments
S-111,SWII`,,A�.L v�i;Vs'.3st.ekaile?.Mxiiiiclp il�.[.11 hurl N561 1.V-2012-0097 doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0097 County: Avery
Assessed Party: Town of Elk Park
Permit No.: NC0079561 Amount Assessed: $487.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
AND NATURAL RESOURCES
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND.
STIPULATION OF FACTS
THE TOWN OF ELK PARK/ )
ELK PARK WWTP )
PERMIT NO. NCO079561 ) FILE NO. LV-2012-0097
Having been assessed civil penalties totaling $457.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 22,2012, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of 120
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 25, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1905
Mr. R. Belvin Hall,Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO061182
Buncombe County Schools
North Buncombe High School WWTP
Case No. LV-2012-0099
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of February
2012. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0061182. The violations which
occurred in February 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO061182 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Buncombe County Schools:
One
NorthCarolina
Xdura!!f
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0061182, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for ROD - Cone.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0061182, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Cone.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$100.00 NC0061182, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0061182, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Cone.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh;North Carolina 27699-1617

OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14311-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of

Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office \\
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincer ,
Chuck Cr ord, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
RPB Systems/ ORC w/attachments
5 _S vT''_E3encemb�L ust<ti ,tzr?1iin�r. ;sc,a�3 €Une I Ii_ah sch 61181,LV 11_0;i< 1 oc.
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0099 County: Buncombe
Assessed Party: Buncombe County Schools
Permit No.: NCO061182 Amount Assessed: $337.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF BUNCOMBE AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
NORTH BUNCOMBE HIGH SHCOOL )
PERMIT NO.NCO061182 ) FILE NO. LV-2012-0099
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 25, 2012, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 25, 2012
Jason Hall
720 Hewitts Road
Topton,NC 28781
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Toxaway Concrete—McNeely Cos.
Permit No: NCG140141
Jackson County
Response Deadline: July 23, 2012
Dear Mr. Hall:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
May 30, 2012. Susan Wilson and Tim Fox, Division of Water Quality (DWQ)—Asheville
Regional Office, appreciated your assistance during the inspection.
Enclosed is a copy of the Compliance Inspection Report, which contains observations and
comments for your review. The facility was not incompliance with permit NCG140141. As
noted in the inspection report,the facility should begin analyzing the parameters specified in Part
IV, Section D (Table 7) on a quarterly basis.
The DWQ will work with Toxaway Concrete to obtain compliance with the stormwater permit.
Since the site will be reconfigured due to the failing retaining wall, this will be an opportunity to
evaluate stormwater drainage and possibly reconfigure the current outfall.
Please submit a compliance plan by July 23, 2012. Should you have questions or need further
assistance, contact me at(828)296-4665 or Susan.A.Wilsonnncdenr.gov .
Sincerely,
Susan A. Wilson
Environmental Engineer
Surface Water Protection
Enclosure—Inspection Report
cc: Central Files
Asheville Files
S:\SWPVackson\Stormwater\NCG14 Ready Mix\NCG140141 Toxaway Cone 2011\CEI.Toxaway Cone.5 2012.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone]\FAX:[phone] Clne arol na
Internet:www.ncwaterquali�.org
An Equal Opportunity`:Affirmative Action Employer
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Compliance Inspection Report
Permit: NCG140141 Effective: 07/01/11 Expiration: 06/30/16 Owner: Toxaway Concrete
SOC: Effective: Expiration: Facility: Toxaway Concrete
County: Jackson Hwy 64 E
Region: Asheville
Cashiers NC 28717
Contact Person: Jason Hall Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 05/30/2012 Entry Time: 10:50 AM Exit Time: 01:50 PM
Primary Inspector: Susan A Wilson Phone: [phone]
Secondary Inspector(s):
Timothy R Fox Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge
COC
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1

Permit: NCG140141 Owner-Facility: Toxaway Concrete
Inspection Date: 05/30/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Susan Wilson and Tim Fox(DWQ)conducted a site inspection at Toxaway Concrete on May 30, 2012. Jason Hall met
with us at the site.
The primary designated outfall is Outfall 001 (which is the basin, called Pond 2, to the right of the entrance road). This
basin appears to capture flows from the drop inlets at the site,from the plant area, from the roadside ditch, and from Pond
1 (which captures vehicle wash water and the area of the stockpile material). This basin (Pond 2) is likely very undersized
for the flow it receives.
Based on the incoming flow to Pond 2-it is designated as a co-mingled wastestream and should meet the limits specified
in Part IV Section D and be monitored quarterly. Jason stated that the site will likely be reconfigured due to a failing
retaining wall. It would benefit Toxaway Concrete to reconfigure the flow and enlarge the basin(s)as they redesign the
site. Jason and/or a stormwater engineer should evaluate the site and determine the best course of action.
Across the road from the cement mixing area-used concrete and water from washing the barrel of the concrete trucks is
disposed in a pit. This area should be inspected and falls under the stormwater permit(even though it is conducted in a
different area). It does not appear to discharge (and likely won't if it is dipped out periodically; however, these actions
should be documented as part of the facility inspection/site maintenance).
DWQ will continue to work closely with Toxaway Concrete to ensure that the facility comes into compliance with the
stormwater permit. Due to the drainage of the road being directed to the treatment basin-this will be a difficult site to
manage unless it is reconfigured.
Concrete refuse/slabs should not be stored near the drop inlet at the gravel road (which is an historically culverted
stream)-this is likely a source of additional solids/turbidity. We were unable to access the stream below this culverted
area-so it was difficult to determine the impacts from the discharge(DWQ will revisit the site after the vegetation has
gone dormant).
i
Page: 2

Permit: NCG140141 Owner-Facility: Toxaway Concrete
Inspection Date: 05/30/2012 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? 0 Q ❑ Q
#Does the Plan include a General Location(USGS)map? 0 00 0
#Does the Plan include a"Narrative Description of Practices"? ■ fl n Q
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ fl ❑ n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ El 0
#Has the facility evaluated feasible alternatives to current practices? 1=l
#Does the facility provide all necessary secondary containment? ■ Cl ❑ 0
#Does the Plan include a BMP summary? E ❑ 0 0
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ 0 n fl
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ Q El 0
#Does the facility provide and document Employee Training? ■ n ❑ Q
#Does the Plan include a list of Responsible Party(s)? ■ rl 0 fl
#Is the Plan reviewed and updated annually? 0 11 fl n
#Does the Plan include a Stormwater Facility Inspection Program? E ❑ ❑ El
Has the Stormwater Pollution Prevention Plan been implemented? ■ 11 ❑ ❑
Comment: The primary purpose of this inspection was to perform a site evaluation, so
not every portion of the plan was evaluated during this inspection. Portions of the plan
are in place and up to date. There is no documentation/acknowledgement of
how/where the interior truck wash water is disposed (it is across the road from the
cement mix area, at the sales yard, but should be doucmented as part of the plan).
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■
Comment: Qualitative monitoring has been performed at Outfall 1 (from the basin at
the bottom of the plant site).
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? 0 ❑ ❑ n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ n w n
Page: 3

Permit: NCG140141 Owner-Facility: Toxaway Concrete
Inspection Date: 05/30/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment: Analytical monitoring is being conducted at Outfall 1 based on the
stormwater monitoring requirements. However, the lower basin receives external
vehicle washwater, stormwater from the stockpiles, stormwater from the site, as well as
stormwater from the side ditch that runs in front of the property. Since this is
"co-mingled", it is considered a wastewater component and subject to wastewater
limits/monitoring.
Vehicle maintenance is not conducted at this site (some minor maintenance is
conducted - but falls below the threshold for vehicle maintenance).
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ■ n n
#Were all outfalls observed during the inspection? ■ n n n
#If the facility has representative outfall status, is it properly documented by the Division? n n m n
#Has the facility evaluated all illicit(non stormwater)discharges? n n n
Comment: All apparent outfalls and conveyances were observed during the site
inspection.
If Toxaway Concrete is unable to locate the most current Certificate of Coverage, please
contact me. (- ,
Page: 4

fij I
RUDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
June 25, 2012
Hiawassee River Watershed Coalition, Inc.
Attn: Callie Moore, Executive Director
3711 East US Highway 64 Alternate
Suite 4
Murphy, North Carolina 28906
Subject: 401 Water Quality Certification -Approval
Town Branch Restoration Project, Phase II
DWQ Project#2003-1577 Ver. 2
Cherokee County
HIW02/Town Branch/1-52-31/Class C;Tr
Dear Mrs. Moore:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 1,039 linear feet of stream for the purpose
of stream restoration at the subject property.This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows
you to use Nationwide Permit 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 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, Trout Buffer
(DLR) and Wildlife Moratoriums 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 560 (linear feet) Application Item S1
Stream 479 (linear feet) Application Item S2
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
828-296-4500\FAX:[phone] Rr
Internet:www.ncwaterquality.org 1�ortl'jCarolina
An Fnual Onnortunity 1 Affrrnative Action Fmnlovar
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Hiawassee River Watershed Coalition,Inc. \
June 25,2012
Page 2 of 2
Aditional Conditions:
1. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) must be
adhered to throughout the life of this project.
2. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this
standard.
3. Sicklefin Redhorse Spawning Moratorium
The stream is immediately upstream of a spawning population of Sicklefin Redhorse. In order to protect
downstream uses a requirement of this Certification is that any work conducted within the stream may not
occur between the dates of April 1 to June 15.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
4 Charles Wakild, P.E., Director
CW/khb
Enc: GC3885
Certificate of Completion
cc: David Brown, USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
WeBSCaPe Unit—Central Office
File Copy
S:\SW P\Cherokee\401s\Non-DOT\Town Bran chStrea m Rest\Town Bra nchStream Restoration Phase11.appvl.06.22.2012.doc

4','�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 26, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 08751912
Mr. David S. Wack, Director of Plant Services
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
SUBJECT: Notice of Violation and Asse.ssmi ont of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC003664're' ,;
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LV-2012-0101
Henderson County
Dear Mr. Wack:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty + $137.00 enforcement costs) against Fletcher Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of October 2011.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
October 2011 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the
terms, conditions or requirements of NPDES Permit.NCO036641 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accdida.nc`e with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be,assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Fletcher Academy Inc.:
None
rthCarohna
Nah mditt
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE.,�
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwatercivality.org

0 of the 2 violations of G.S. ,143-215.I(a)(6) and NPDES Permit No.
$.00 NCO036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
0 of the 1 violations.of G.S..143-215.l(a)(6) and NPDES Permit No.
$.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
2 of the 2 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$200.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural,resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
1!
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty

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

\
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely, f
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Point Source w/attachments
James& James Environmental/ ORC w/attachments
5: et i,i] n �rsssr`.:\a t t at 4 tilinot:`,;(etcli�r Academv 3664 1'.I..L-2012-0I 0l sloe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0101 County: Henderson
Assessed Party: Fletcher Academy Inc.
Permit No.: NC0036641 Amount Assessed: $337.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEi�.
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FLETCHER ACADEMY INC. / )
FLETCHER ACADEMY WWTP )
PERMIT NO.NCO036641 ) FILE NO. LV-2012-0101
Having been assessed civil penalties totaling$337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 26, 2012, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
June 26, 2012
Clif and Leigh Dodson
34 Baton Lane
Asheville,NC 28803
Subject: 401 Water Quality Certification-Approval
Project Name: Clif and Leigh Dodson Stabilization Project
DWQ Project# 12 - 0545
McDowell County
Catawba/Lake James/ 11-8 /C
Dear Clif and Leigh Dodson:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
--Approval has been granted to place fill within or otherwise impact 425 sq. ft. of open waters for the purpose of
=shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control, buffer and flood plain regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 425 sq. ft. Lake James
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] One
Internet:www.ncwaterquality.org NorthCarollna
A.,c„,­i n,,.,,,.+­n,,;tµ;­r;­as.,,,cmni­ter
Amurul&

Clif and Leigh Dodson \`
June 26,2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. \
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at 828-
296-4664.
Sincerely,
t
'V' Charles Wakild,P.E., Director
CW/TRF
Enc: GC 3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WeBSCaPe Unit—Central Office
File Copy
S:\SWP\McDowell\401s\Non-DOT\Clif and Leigh Dodson\APRVL.401Dodson.06.26.2012.doc

A41i;A
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 26, 2012
Daniel Dinsbeer
Quality Oil Company, LLC
1540 Silas Creek Parkway
Winston-Salem NC 27102-2736
Subject: 401 Water Quality Certification -Approval
Project Name: Quality Oil - Enka
DWQ Project# 12-0514
Buncombe County
French Broad/Hominy Creek/6-76/ C
Dear Mr. Dinsbeer:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 20 feet of streams for the purpose of access
for commercial building 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 3886. This Certification allows
you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control, buffer and
floodplain 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 20 (feet) Hominy Creek
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] 1��One + i
Internet:www.ncwaterquality.org 1�oT/thl/tt../.arOl/1lljl,�lJ�l
do rA-1 11„��.i���;t.,,�rr�.,,�t;,,..n�«;—c..,,,�,...,,. �b'i-�Yii��1�,'/

Daniel Dinsbeer
Quality Oil-Enka
6/26/2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at 828-
296-4664.
Sincerely,
A. Charles Wakild, P.E., Director
CW/TRF
Enc: GC3886
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WeBSCaPe Unit—Central Office
File Copy
Chris Day—Civil Design Concepts
S:\SWP\Buncombe\401s\Non-DOT\Quality Oil-ENKA\APRVL.401QualityOH06.26.2012.doc

�i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 26, 2012
Greg Cable, Manager
Graham County
12 North Main Street
Robbinsville, NC 28771
Subject: Permit No. WQ0036011 Modification
Graham County
Septage Receiving Station
Wastewater Collection System Extension
Graham County
Dear Mr. Cable:
In accordance with your application received June 7, 2012 and we are forwarding
herewith Permit No. WQ0036011, dated June 25, 2012, to Graham County for the construction
and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded, shall void Permit No. WQ0030610 issued
August 3, 2006, and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is therefore incorporated therein by
reference.
station.This modification adds a pump station and associated sewer lines for the new RV
Please pay particular attention to Permit Condition 3, which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T
.0403 or any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that
does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000
as applicable, unless specifically mentioned herein. Division approval is based on acceptance
of the certification provided by a North Carolina-licensed Professional Engineer in the
application. It shall be the Permittee's responsibility to ensure that the as-constructed project
meets the appropriate design criteria and rules. Failure to comply may result in penalties in
accordance with North Carolina General Statute §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the
North Carolina-licensed Professional Engineer to the licensing board.
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE
2090 U.S. Highway 70,Swannanoa,NC 28778 One
Phone:[phone] FAX:[phone] NOIthCa.rollina
Intemet:uaw.nctivaterauality org �atut+Q[[/
�
An Equal Opportunity 1 Affirmative Action Employer

Graham County-WQ0036011
June 26, 2012
Page 2 of 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 Applicant for the construction and operation of approximately 25 linear feet of 6-inch
gravity sewer-, a 20-gallon per minute pump station with duplex pumps, on-site audible and
visual high water alarms, telemetry, and a permanent generator with automatic transfer switch;
as well as approximately 25 linear feet of 2-inch force main to serve a RV septage receiving
station, and the discharge of 1000 gallons per day of collected domestic wastewater; and from
previous permit WQ0030611, approximately 50 linear feet of 2-inch diameter force main and a
23-gallon per minute pump station with grinder type duplex pumps, on-site audible and visual
alarms and the discharge of 7,500 gallons per day of septage, into the Town of Robbinsville
existing sewerage system, pursuant to the application received June 7, 2012. and in conformity
with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Robbinsville
Wastewater Treatment Facility (NPDES Permit No. NC0025879) prior to being discharged into
the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within 30 days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are
made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Keith Haynes at
[phone].
Sincerely,
for Charles Wakild, P.E., Director
Division of Water Quality
cc: McGill Associates
Graham County Health Department
ARO, Surface Water Protection Section
Town of Robbinsville
Water Quality Central Files
PERCS (electronic copy only)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject
to the following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed
in accordance with the conditions of this permit; 15A NCAC 2T; 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 Permiee shall maintain compliance with an individual system-wide collection system
permit for the operation and maintenance of these facilities as required by 15A NCAC 2T
.0403. If an individual permit is not required,the following performance criteria shall be met
as provided in 15A NCAC 2T .0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and to prevent any contravention of groundwater
standards or surface water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response has
been developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day
(i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and
inspections are documented.
f. A general observation of the entire sewer system shall be conducted at least once per
year.

g. Overflows and bypasses shall be reported to the appropriate Division regional office
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided asp
required by North Carolina General Statute §143-215.1C. ��,
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at
least biannual distribution of educational materials for both commercial and
residential users and the legal means to require grease interceptors at existing
establishments. The plan shall also include legal means for inspections of the
grease interceptors, enforcement for violators and the legal means to control grease
entering the system from other public and private satellite sewer systems.
2. For privately owned collection systems,the Grease Control Program shall include at
least bi-annual distribution of grease education materials to users of the collection
system by the permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1)
and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer
overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for
personnel and equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a
minimum of three years with exception of the map, which shall be maintained for the
life of the system.
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. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit
shall be submitted with the required supporting documents to the address provided on the
form. A complete certification is one where the form is fully executed and the supporting
documents are provided as applicable.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for
the life of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;
the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and
Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject
f
the Permittee to an enforcement action by the Division, in accordance with North Carolina
General Statutes §143-215.6A through §143-215.6C.

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 828-296-4500, as soon as possible, but in no case more
than 24 hours or on the next working day, following the occurrence or first knowledge of the
occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater transport, such as mechanical or electrical failures of
pumps, line blockage or breakage, etc.; or
b. Any 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(800) 858-
0368 or [phone].Persons reporting any of the above occurrences shall file a spill
report by completing and submitting Part I of Form CS-SSO (or the most current Division
approved form) within five days following first knowledge of the occurrence. This report
must outline the actions taken or proposed to be taken to ensure that the problem does not
recur. Part II of Form CS-SSO (or the most current Division approved form) can also be
completed to show that the SSO was beyond control.
Permit issued this the 26ffi of June, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E.,Director
Division of Water Quality
by authority of The Environmental Management Commission
Permit Number WQ0036011 Modification

FAST TRACK ENGINEERING CERTIFICATION
Permittee: Graham County
Permit No. WQ0036011
Project: RV Septage Receiving Station
Issue Date: June 26,2012
County: Graham
Complete and submit this form to the permit issuing regional office with the following:
• One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the
wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings
should indicate the design and the marked up changes during construction.
• Supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria. Modifications should be submitted prior to certification.
This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's
Certification and all required supporting documentation. Therefore, it is highly recommended that this
certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S 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 subject project for
the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance of this permit; 15A
NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12,
1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1,2000 as applicable;and other supporting materials.
North Carolina Professional Engineer's
Seal,signature,and date:
........................................................................................................
SEND THIS FORM&SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 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.

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
June 26,2012
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos. R-2519A
Yancey County
Dear Mr. Swain:
On June 25,2012,I inspected the construction project on the US Highway 19 Project in Yancey County.
Construction continues along most of the project with heavy grading, utility construction and culvert
installation.
It's important that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 19 R-2519A June 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterguality.orq 1
An Equal Opportunity',Affirmative Action Employer 1V�7 offfiCC�rohnCl
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Wetland Inspection Report
Project Num: 20071134 Version: 6 Status: Issued
Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening
R-2519A
County: Madison Region: Asheville
Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 06/25/2005
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant Il Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Inspected US 19 from Jacks Creek Road to Micaville.
Ensure all sediment and erosion control devices are operating properly and that adequate measures are installed below the large cut
slopes.
Seed amd mulch all areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 00110
Comment:
Page: 1

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, RE, Dee Freeman
Governor Director Secretary
June 27,2012
Mr.J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19/19E
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos. R-2518A and R-2518B
Madison and Yancey Counties
Dear Mr. Swain:
On June 25,2012, I inspected the construction project on the US Highway 19/19E Project in Madison and
Yancey Counties. Construction continues along most of the project with heavy grading,bridge construction,
i
pipe installation and paving activities underway.
r
Please continue to ensure that all sediment and erosion control structures are maintained and seeding and
mulching are performed as required to protect State surface waters. Also,please refer to the attached
inspection report for any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US 19/19E June 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] one
Internet:www.ncwaterguality.org NorthCarohna
An Equal Opportunity';Affirmative Action Employer
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Wetland Inspection Report
Project Num: 20071134 Version: 6 Status: Issued
Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening
R-2519A
County: Madison Region: Asheville
Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 06/25/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker
Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: N Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Inspected project from 1-26 to Jacks Creek Road.
Seed all areas that are bare and not currently being graded.
Clean sediment from around drop inlet structure just below the road leading to the old Taylor and Murphy crusher site/waste area.
Ensure that all sediemnt and erosion control measures are maintained and working properly. Seed and mulch all areas as required.
At the outlet to the box culvert at Station 82+40 a structure should be constructed to provide fish passage through the culvert.
Permit(401 WQC} Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0000
Are the culverts and/or filled areas installed properly? ■ ❑ n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ Q 0 0
Comment:
Page: 1

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CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 26,2012
Mr.J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 221
DWQ Project 08-1809
Individual Certification No. 3784
TIP Nos. R-2233AA and AB Sections
Rutherford County
Dear Mr. Swain:
On June 11,2012,I inspected the.construction work on the US Highway 221 Project,R-2233AA and AB
Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge
- construction, culvert construction,pipe installation and roadbed preparation.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection reports for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221June 2012 Inspection Letter
f
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 1
Internet:www.ncwatemuality.org NarthCar011na
An Equal Opportunity i Affirmative Action Employer ;Vaturally

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Wetland Inspection Report
Project Num: 20081809 Version: 1 Status: Issued
Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening
County: Rutherford Region: Central
Location: NCDOT-US 221 (R-2233a)
Latitude: +35'12'21" Longitude: -81°50'18"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 06/11/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: N Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Construction is continuing on project with bridge construction,culvert construction and heavy grading.
Continue to maintain all sediment and erosion control structures and seed and mulch all areas within 15 days.
As mentioned in the meeting, remove sediment from unnamed tributary to Floyds Creek,near Floyds Creek Bridge,while there is no
water in the stream.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 0 n
Are the culverts and/or filled areas installed properly? ❑ 0 ❑
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ ❑ n
Comment:
Page: 1

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 27, 2012
Mr. Greg Davis, Environmental,Health& Safety Manager
APAC-Atlantic, Inc
P.O. Box 6939
Asheville,NC 28816
SUBJECT: NPDES Stormwater Permit Compliance Inspection
APAC-Atlantic, Inc. -Hendersonville
Permit No: NCG160104
Henderson County
Dear Mr. Davis:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted by
Tim Fox and me on June 15, 2012. The facility appeared to be well operated and maintained and
was found to be in compliance with permit NCG160104.
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.Wilsonnncdenr.gov, if I can be of any further
assistance.
Sincerely,
/Z
°Susan A. Wilson
Environmental Engineer
Surface Water Protection
Enclosure—Inspection Report
cc: Central Files
ARO Files
S:\SWP\Henderson\Stormwater\NCG16 Asphalt Paving Mixtures\APAC Hendersonville\CEI Lttr.APAC Hville.6 2012.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1 1
Phone:[phone]M FAX:[phone] 1 y One
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Internet:www.ncwaterquality.org
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Compliance Inspection Report
Permit: NCG160104 Effective: 10/01/09 Expiration: 09/30/14 Owner: APAC Atlantic Inc
SOC: Effective: Expiration: Facility: APAC Atlantic Inc-Hendersonville
County: Henderson Clear Creek Rd
Region: Asheville
Hendersonville NC 28739
Contact Person: William H Tomlinson Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/15/2012 Entry Time: 02:00 PM Exit Time: 03:30 PM
Primary Inspector: Susan A Wilson Phone: [phone]
Secondary Inspector(s):
Timothy R Fox Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC
Facility Status: ■ Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG160104 Owner-Facility: APAC Atlantic Inc
Inspection Date: 06/15/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Susan Wilson and Tim Fox(DWQ) met Greg Davis(APAC)to conduct a site inspection at APAC Hendersonville.
The site appeared well operated and maintained. Records were well kept and presented.
The facility has 2 designated outfalls and APAC has the ability to control the release from these outfalls. Both areas
discharge to a roadside drainage swale and ultimately to an unnamed tributary to Mud Creek. No water quality issues
were noted near the discharge area.
The corner of the property(at Howard Gap Road and Clear Creek Road)is experiencing some erosion and may need to
be addressed in the future. However, per Greg, this area will be bought by DOT in the future and will likely not be an
issue for APAC.APAC should keep DWQ posted on the timeframe for the DOT acquisition.
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Page: 2

Permit: NCG160104 Owner-Facility: APAC Atlantic Inc
Inspection Date: 06/15/2012 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
#Does the Plan include a General Location(USGS)map? ■ ❑ 0 I_1
#Does the Plan include a"Narrative Description of Practices"? ■ ❑ ❑ fl
#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? ■ ❑ Q 0
#Has the facility evaluated feasible alternatives to current practices? ■ n ❑ ❑
#Does the facility provide all necessary secondary containment? ■ CI ❑ 0
#Does the Plan include a BMP summary? ■ Q ❑ Q
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n ❑ ❑
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ 0
#Does the facility provide and document Employee Training? ■ CI ❑ 0
#Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ n
#Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑
#Does the Plan include a Stormwater Facility Inspection Program? ■ [1 ❑ fl
Has the Stormwater Pollution Prevention Plan been implemented? ■ fl n
Comment: The facility had an excellent SWPPP, which had recently been updated.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ 0 Q 0
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ n n 0
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? CI Q ■ ❑
Comment: Values have been below benchmarks.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ 11
#Were all outfalls observed during the inspection? ■ 0 ❑ 0
#If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ ■ Q
#Has the facility evaluated all illicit(non stormwater)discharges? ■ Cl 0
Comment:
Page: 3

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 27, 2012
Mr.J.J. Swain,Jr.,P.E.
Division 13 Engineer
N.C.Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Stormwater Inspection
DWQ Project 10-1017
TIP No.U-2550B
NC Highway 18 @ I-40
Burke County
Dear Mr. Swain:
On June 20,2012,1 inspected the construction work on TIP Project No.U-2550B,NC Highway 18 at
Interstate 40 in Burke County. The inspection included compliance with the 401 Water Quality Certification
and review of Construction Stormwater records.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely, r
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
R-2550B NC Highway 18 c@i I-40 June 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone]\FAX:[phone] one
Internet:www.ncwatemualitY.ora NQrthCar011na
An Equal Opportunity i Affirmative Action Employer Naturally

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Wetland Inspection Report
Project Num: 20101017 Version: 1 Status: Issued
Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements
County: Burke Region: Asheville
Location: NCDOT-NC 18(U-2550B)
Latitude: Longitude:
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 06/20/2012
Reason for Inspection: Routine
Inspection Type:Records/File Review(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: 0 Compliant n Not Compliant
Program Area: Construction SW(NCG010000)
Question Areas:
0 NCG010000 Permit
Inspection Summary:
The project looked the best it has since construction started.
Significant rain events in last two weeks 6-6-12 1.8 inches;6-11-12 0.5 inches.
Records appeared to be maintained in a very good manner.
Seeding and mulching had been performed that last three days.
Continue to maintain sediment and erosion control measures as required and seed and mulch areas as needed.
Page: 1

Project Num: 20101017 Owner: NC DOT PDEA
Inspection Date: 06/20/2012 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine
NCG010000 Permit Yes No NA NE
#Is this inspection related to a DLR/delegated program inspection? ■ n Cl n
If Yes,what was the DLR/delegated program inspection date?
Is the site following its E&SC Plan as per DLR or delegated program? ■ n n
Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n
Is a copy of the approved E&SC plan on site? ■ n n n
Is a rain gauge present on-site or is MPE in use for the site? ■ n n n
Is rain gauge data or MPE data recorded? ■ n n n
Are inspection records complete? ■ n n n
Is the site compliant with other conditions of the NCG010000 permit? In n n n
Comment:
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Page: 2

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 27,2012
Mr. J.J. Swain,Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
DWQ Project 11-0060
TIP No.B-4183
NCSR 1526 Crooked Creek Road
Madison County
Dear Mr. Swain:
On June 25,2012, I inspected the construction work on TIP Project No. B-4183,NCSR 1526 Crooked Creek
Road in Madison County. Construction has been completed on the first culvert and work has started on the
other culvert. Sediment and erosion control measures appear to be working properly.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
- k
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Randy McKinney,PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
B-4183 NCSR 1526 June 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Internet:www.ncwaterouality.org NorthCarollna
An Equal Opportunity i Affirmative action Employer ;Vat f all

Wetland Inspection Report
Project Num: 20110060 Version: 1 Status: Issued
Project Name: NCDOT-Bridge No.28 and 29 on SR 1526(B-4183) Project Type: Replace bridge with bridge
County: Madison Region: Asheville
Location: NCDOT-Bridge No.28 and 29 on SR 1526(B-4183)
Latitude: +35°51'00" Longitude: -82°28'48"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 06/25/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker. Phone: [phone]
Secondary Inspector(s): \ 1
Facility compliance Status: Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Reviewed project with DOT inspector.
The first culvert(Crooked Creek)has been completed and the stream relocated in the new channel.
Work has started on the second culvert at Middle Fork Creek.
Sediment and erosion control measures appear to be working properly.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n ❑
Are the culverts and/or filled areas installed properly? 0 n. ❑ n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ 0 0
Comment:
Page: 1

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
June 27,2012
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NC Highway 28
DWQ Project 09-0451
TIP No.R-2408B
Macon County
Dear Mr. Setzer:
On June 21,2012,I inspected the construction work on NC Highway 28 in Macon County. Construction
continues along most of the project with grading, culvert and pipe installation underway.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
!' performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. .
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NC Highway 28 Inspection Letter June 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
www.ncwatergua ti Action
NorthCarolina
An Equal Opportunity`�,Affirmative Action Employer
Natural&

Wetland inspection Report �.
Project Num: 20090451 Version: 1 Status: Issued
Project Name: NCDOT-NC 28 on SR 1323 (R-2408) Project Type: Road/Highway Widening
County: Macon Region: Central
Location: NCDOT-NC 28 on SR 1323 (R-2408)
Latitude: +35'1326 Longitude: -83°23'54"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 06/21/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: E Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
Permit(401 WQC)
Inspection Summary:
Reviewed project with DOT staff.
Culvert over Rocky Branch nearly complete.Construction is underway from airport road to beginning of project.
Sediment and erosion conrol structures appear to be working properly.
Seed and mulch areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n
Are the culverts and/or filled areas installed properly? ■ n In n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n In
Comment:
Page: 1

Al
I'' CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 27,2012
Mr.J. B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-NCSR 1660(Siler Road)
TIP No.R-4748
Macon County
Dear Mr. Setzer:
On June 21,2012,I inspected the construction work for the new route of NCSR 1660(Siler Road)in Macon
County. Construction includes heavy grading and bridge construction. Sediment and erosion control
structures appear to be maintained and working properly.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,PE
Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setter)NCSR 1660(Siler Road)Inspection Letter June 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] V FAX:[phone] � �
Internet;www.ncwaterauafity.org NorthCarollna
An Equal Opportunity 1 Affirmative Action Employer Natwrallff

Site Inspection Report
Site Number: WT000186
Site Name: R-4748 Siler Road NCSR 1660
Site Address:
County: Macon Region: Asheville
Directions:
Latitude: +35°27'49" Longitude: -82°53'59"
Site Owner Name: NCDOT-Division 14
Inspection Date: 06/21/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: Compliant n Not Compliant ;
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
The roadway, bridge and waste area were inspected.
Construction was underway on the bridge and on the roadway on each side of the bridge. The round about and roadway east of the
bridge were being prepared for paving and covered in gravel.
The waste area embankments were covered in grass and appeared to be in good shape.
The overall site appeared to be in good condition. Sediment and erosion control structures appear to be working properly.
Seed and mulch areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ ❑ Cl fl
Are the culverts and/or filled areas installed properly? ■ n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n Q 0
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
June 27, 2012
Mr. J.B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-Bridge 419
US Highway 19-23-74
TIP No.B-3656
Haywood County
Dear Mr. Setzer:
On June 21,2012,I inspected the construction work at the new bridge site on US Highway 19-23-74 in
Haywood County. The bridge deck has been poured and the project is almost complete.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
\ mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,P.E.
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setzer)B-3656 Inspection Letter June 2012
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
www.ncwateraualitv.ora NorthCarohna
An Equal Opportunity',Affirmative Action Employer Ya fmyall J

Wetland Inspection Report v' ,
Project Num: 20100745 Version: 1 Status: Withdrawn
Project Name: NCDOT-Bridge No.419 on US 19/23/74 Project Type: Replace bridge with bridge
County: Haywood Region: Asheville
Location: NCDOT-Bridge No.419 on US 19/23/74
Latitude: +35°31'54" Longitude: -82°50'32"
SW Plan Location:
Site Owner Name: NC DOT PDEA
Inspection Date: 06/21/2012
Reason for Inspection: Routine
Inspection Type:Site Inspection(DOT)
Inspection Contact Person: Title: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: N Compliant n Not Compliant
Program Area: 401 (includes isolated/non-404)
Question Areas:
0 Permit(401 WQC)
Inspection Summary:
Bridge is almost complete. Deck has been completed. Approach slabs and side railing have not been completed.
Sediment and erosion control measures appear to be operating properly.
Seed and mulch areas as required.
Permit(401 WQC) Yes No NA NE
Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n Cl
Are the culverts and/or filled areas installed properly? n n n
Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n
Comment:
Page: 1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
June 28,2012
MEMORANDUM
TO: Troy Wilson,Division 13 Bridge Technician,NCDOT
Garry Moore,Division 13 Bridge Manager,NCDOT
FROM: Michael R. Parker,NCDWQ,Asheville Regional Office
SUBJECT: Division 13 June 2012 Bridge Replacement Program
Scoping Review Comments
In reply to your request,the NCDWQ offers the following comments for the projects listed below:
Project Specific Comments
100037 Bridge No.37 over Rush Branch,NCSR 2786,Buncombe County
_ 1. Rush Branch is class C-Trout waters of the State. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
100143 Bridge No. 143 over Martin Creek,NCSR 2027,Buncombe County
1. Martin Creek is class WS-II-Trout-HWQ waters. Review of the project reveals the presence of
surface waters classified as WS-Il; High Quality Waters of the State in the project study area. This is
one of the highest classifications for water quality. Pursuant to 15A NCAC 2H.1006 and 15A
NCAC 2B .0224,NCDOT will be required to obtain a State Stormwater Permit prior to construction
except in North Carolina's twenty coastal counties.
2. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented
to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout
buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife
Resources Commission.
3. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
SURFACE WATER PROTECTION SECTION-Asheville Regional Office 1�TOne 1, 7
2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 lv OI tllc`11"01111a
Phone:er -296-4500 e vice:1 8 FAX:[phone] �t� �jJ6
Customer Service:fi-877-623 6748 1r 1 1
Internet:www.ncwaterquality.org
An Equal Opportunity k Affirmative Action Employer

100217 Bridge No.217 over Grassy Branch,NCSR 2402,Buncombe County
1. Grassy Branch is class C waters.
2. NCDWQ has no specific comments for this bridge project.
100379 Bridge No.379 over Paint Fork Creek,NCSR 1003,Buncombe County
1. Paint Fork is class WS-II-HQW waters. Review of the project reveals the presence of surface waters
classified as WS-II;High Quality Waters of the State in the project study area. This is one of the
highest classifications for water quality. Pursuant to 15A NCAC 2H.1006 and 15A NCAC 2B .0224,
NCDOT will be required to obtain a State Stormwater Permit prior to construction except in North
Carolina's twenty coastal counties.
100403 Bridge No.403 over an unnamed tributary to Reems Creek,NCSR 2101,Buncombe County
1. The unnamed tributary to Reems Creek is class C-Trout waters. NCDWQ recommends that the most
protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity
violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in
accordance with the NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
100542 Bridge No.542 over Christian Creek,NCSR 2748,Buncombe County
1. Christian Creek is class C waters.
2. NCDWQ has no specific comments for this bridge project.
100592 Bridge No.592 over Cane Creek,NCSR 2785,Buncombe County
1. Cane Creek is class C-Trout waters. NCDWQ recommends that the most protective sediment and
erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In
addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division
of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and
construction of the project.
100686 Bridge No.686 over Grassy Branch,NCSR 2407,Buncombe County
1. Grassy Branch is class C waters.
2. NCDWQ has no specific comments for this bridge project.
(2)

560046 Bridge No.46 over Long Branch,NCSR 1582,Madison County
1. Long Branch is class C waters.
2. NCDWQ has no specific comments for this bridge project.
560263 Bridge No.263 over Greasy Branch,NCSR 1167,Madison County
1. Greasy Branch is class C-ORW waters. Review of the project reveals the presence of surface waters
classified as C-Outstanding Resource Waters of the State in the project study area. The water quality
classification of C-ORW is one of the highest classifications in the State. NCDWQ is extremely
concerned with any impacts that may occur to streams with this classification. It is preferred'that
these resources be avoided if at all possible. If it is not possible to avoid these resources,the impacts
should be minimized to the greatest extent possible. Given the potential for impacts to these
resources during the project implementation,NCDWQ requests that NCDOT strictly adhere to North
Carolina regulations entitled "Design Standards in Sensitive Watersheds"(15A NCAC 04B .0124)
throughout design and construction of the project. Pursuant to 15A NCAC 2H .1006 and 15A NCAC
2B .0224,NCDOT will be required to obtain a State Stormwater Permit prior to construction except
in North Carolina's twenty coastal counties. NCDOT will also need to adhere to the Quality
Standards listed in 15A NCAC 2B .0225.
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
3. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC
Division of Land Resources and NC Wildlife Resources Commission.
560408 Bridge No.408 over Fisher Branch,NCSR 1380,Madison County
1. Fisher Branch is class C waters.
2. NCDWQ has no specific comments for this bridge project.
560512 Bridge No.512 over Jarvis Branch,NCSR 1351,Madison County
1. Review of the project reveals that Jarvis Branch is classified as WS-11; High Quality Waters of the
State, in the project study area. This is one of the highest classifications for water quality. Pursuant
to 15A NCAC 2H.1006 and 15A NCAC 2B .0224,NCDOT will be required to obtain a State
Stormwater Permit prior to construction except in North Carolina's twenty coastal counties.
990112 Bridge No. 112 over Indian Creek,NCSR 1124,Yancey County
1. Indian Creek is class C-Trout waters of the State. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
(3)

110007 Bridge No.7 over McGalliard Creek,NCSR 1726,Burke County `
1. McGalliard Creek is class WS-IV waters of the State.
2. McGalliard Creek is listed on the 2010 303d list of impaired streams. NCDOT may be required to
provide additional control measures such as/Design Standards in Sensitive Watersheds/ [15A NCAC
4B.0124(a)-(e)].
110218 Bridge No.218 over Double Branch,NCSR 1737,Burke County
1. Double Branch is class WS-IV waters.
2. NCDWQ has no specific comments for this project.
110320 Bridge No.320 over Russell Creek,NCSR 1241,Burke County
1. Russell Creek is class WS-III waters.
2. NCDWQ has no other specific comments for the bridge project.
580118 Bridge No. 118 over an unnamed tributary to North Fork Catawba River,NCSR 1560,
McDowell County
1. The unnamed tributary to the North Fork Catawba River is class B-Trout waters. NCDWQ
recommends that the most protective sediment and erosion control BMP's be implemented to reduce
the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall
be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources
Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and
construction of the project.
580122 Bridge No. 122 over Stillhouse Branch,NCSR 1560,McDowell County
1. Stillhouse Branch is class C-Trout waters. NCDWQ recommends that the most protective sediment
and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters.
In addition, all disturbances within trout buffers shall be conducted in accordance with the NC
Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
580123 Bridge No. 123 over Dogback Spring Branch,NCSR 1560,McDowell County
1. Dogback Spring Branch is classified C-Trout waters. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
(4)

2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and
construction of the project.
580126 Bridge No. 126 over Pond Branch,NCSR 1560,McDowell County
1. Pond Branch is class C-Trout waters. NCDWQ recommends that the most protective sediment and
erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In
addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division
of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
580167 Bridge No. 167 over Thompson's Fork,NCSR 1539,McDowell County
1. Thompson's Fork is classified C waters.
2. NCDWQ has no specific comments for this bridge project.
580245 Bridge No.245 over Jordan Branch,NCSR 1128,McDowell County
1. Jordan Branch is classified C waters.
2. NCDWQ has no specific comments for this bridge project.
580284 Bridge No.284 over Cave Creek,NCSR 1410,McDowell County
1. Cave Creek is class C-Trout waters of the State. NCDWQ recommends that the most protective
sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout
waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the
NC Division of Land Resources and NC Wildlife Resources Commission.
2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout.
In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project.
3. There may be wetlands upstream and adjacent to the existing bridge.
General Comments Regarding Bridge Replacement Projects
1. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects.
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is
approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey
Activities.
(5)

3. Any Low Impact Bridge Projects must fall under Nationwide Permit No. 3 to qualify for Low Impact,'
otherwise, standard permitting procedures will be required. Example(Regional General Permit No.
31,Nationwide Permit No.23,Nationwide Permit No. 13, etc.)
4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the stream banks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not
be blocked. Bridge supports(bents) should not be placed in the stream when possible.
5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,
vegetated buffers,etc.)before entering the stream. Please refer to the most current version of
NCDWQ's Stormwater Best Management Practices.
6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft
construction methods. More specifically,jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first.
8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured,treated,and disposed of properly.
9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification. J
10. All bridge construction shall be performed from the existing bridge,temporary work bridges,
temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be
floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under
no circumstances should barges be dragged along the bottom of the surface water.
11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags,rock berms,cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
12. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment
shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants,hydraulic fluids,or other toxic materials.
(6)

14. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall be
cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized
equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and
minimizes soil disturbance.
15. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning and Design Manual and the most recent version of NCS000250.
16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with
road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid
wetland impacts,minimize the need for clearing and to avoid destabilizing stream banks. If the
structure will be on a new alignment, the old structure shall be removed and the approach fills removed
from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground
elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall
not be used in riparian areas.
Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a
401 Water Quality Certification requires that appropriate measures be instituted to ensure that water
quality standards are met and designated uses are not degraded or lost. If you have any questions or
require additional information,please contact Mike Parker at 828-296-4500.
cc: Lori Beckwith,USACE,Asheville Field Office
Roger Bryan,NCDOT,Division 13 Environmental Officer
Dave McHenry,NCWRC
Marla Chambers,NCWRC
Transportation Permitting Unit
NCDOT June 2012 Bridge Replacement Program Scoping Comments Division 13
(7)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 28, 2012
Mr. A. Dale Owen
15 Adventure Ridge Road
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0326
Permit No. NCO086223
Adventure Village WWTP
Dear Mr. Owen: Transylvania County
A review of Adventure Village WWTP's monitoring report for February 2012 showed the
following violation:
Parameter Date Limit Value Reported Limit Type
Value
BOD, 5-Day (20 Deg. C) 02/29/2012 30 mg/I 36 mg/1 Monthly
- Concentration Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since
the comments section on the reverse of the relevant DMR provided an adequate explanation for the
subject violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact
Janet Cantwell or me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Trevor McMinn/ ORC
S:\SWP\TransylvaniatWastewater\i�,7inors'Adventure Village 86223\N0V-2012-LV-0326.doc
No6Carotina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman
Governor Director Secretary
June 28,2012
Mr.Michael Pettyjohn,P.E.
Division ll Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
NCSR 1764(New Farm Road)
TIP No. U-5204
Caldwell County
Dear Mr. Pettyjohn:
On June 19,2012, I inspected the new construction project on NC SR 1764 (New Farm Road),TIP No.
U-5204, in Caldwell County. Construction activities include clearing and grubbing and installation of
sedimentation and erosion control measures.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspections.
If you have questions,please call me at 828-296-4500.
Sincerely,
a
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: David Poindexter,PE
Heath Slaughter,Division 11,DEO
Neal Trivette,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
TIP No.U-5204 June 2012 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One r 1
Internet:www.nnity\A Affirmative
Action
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An Equal Opportunity 1 Affirmative Action Employer
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Site Inspection Report
Site Number: WT000423
Site Name: NCSR 1764 U-5204
Site Address:
County: Caldwell Region: Asheville
Directions:
Latitude: Longitude:
Site Owner Name: NCDOT Division 11
Inspection Date: 06/19/12
Reason for Inspection: Routine
Inspection Type: Site Inspection(DOT)
Inspection Contact Person: Phone:
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: [phone]
Secondary Inspector(s):
Facility compliance Status: n Compliant Not Compliant
Program Area: Construction SW(NCG010000)
Question Areas:
NCG010000 Permit
Inspection Summary:
Inspected new roadway construction on NCSR 1764 between US 321 and NCSR 1751 (Grace Chapel Road)in Caldwell County.
DOT personnel were present during the inspection.
During construction(clearing operations), but before all of the sediment and erosion control structures were installed,heavy rains(0.9
inches)on June 12,2012, resulted in the loss of sediment off site at two locations. Sediment was transported through two wooded
areas and reached state surface waters at one location.
NCDOT was asked to remove the accumulated sediment in the wooded areas and the small amount of sediment that reached the
stream by using buckets,rakes and mulch.
Sediment and erosion control structures(basins and checks)have been installed at the project.
On the day of inspection all sediment and erosion control measures appeared to have been installed and working properly.
Page: 1

Site Number: VVT000423 Owner: NCDOT Division 11
Inspection Date: 06/19/12 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine
NCG010000 Permit Yes No NA NE
#Is this inspection related to a DLR/delegated program inspection? ■ n n n
If Yes,what was the DLR/delegated program inspection date?
Is the site following its E&SC Plan as per DLR or delegated program? ■ n n n
Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n
Is a copy of the approved E&SC plan on site? ■ Cl n n
Is a rain gauge present on-site or is MPE in use for the site? ■ n n
Is rain gauge data or MPE data recorded? ■ n n n
Are inspection records complete? ■ n n n
Is the site compliant with other conditions of the NCG010000 permit? n n n n
Comment:
Page: 2

NCD� �
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman
Governor Director Secretary
June 29, 2012
Mr. Jeff Barrett
Oldcastle Materials
900 Ashwood Parkway, Suite 700
Atlanta, GA 30338
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Oldcastle Materials
Permit No: NCG020167
Henderson County
Response Date: July 31, 2012
Dear Mr. Barrett:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
June 15, 2012. Tim Fox and 1, Division of Water Quality(DWQ)—Asheville Regional Office,
met with David Watkins at the Oldcastle Materials site in Henderson County,NC.
Enclosed is a copy of the Compliance Inspection Report, which contains observations and
comments for your review. The facility is not currently in compliance with permit NCG020167
and must submit a compliance plan by July 31,2012.
As stated in the inspection report, it would behoove Oldcastle to have Don Mason review the site
(based on his experience with other APAC mine sites).
The DWQ will work with Oldcastle Materials to obtain compliance with the stormwater permit.
Should you have questions or need further assistance, contact me at [phone] or
Susan.A.Wilsonnncdenr.gov .
Sincerely, _
l f
Susan A. Wilson
Environmental Engineer
Surface Water Protection
Enclosure—Inspection Report (all copies)
cc: Central Files
ARO Files
Don Mason,APAC Harrison, P.O. Box 449, Franklin,NC 28744
Greg Davis,APAC Atlantic, P.O. Box 6939,Asheville,NC 28816
Dave Watkins, Oldcastle Materials, 639 Fanning Bridge Rd., Fletcher,NC 28732
S:\SWP\Henderson\Storrnwater\NCG02 Mining\Oldcastle Limestone\CEI Lttr Oldmde NCG020167 6 2012.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Mlle
Phone:[phone] FAX:[phone] NorthCarolna
Internet:www.ncwaterquaiity.org ��l�llrG�CCI,�'
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Compliance Inspection Report
Permit: NCG020167 Effective: 04/23/10 Expiration: 12/31/14 Owner: Oldcastle Materials
SOC: Effective: Expiration: Facility: Oldcastle Materials
County: Henderson 639 Fanning Bridge Rd
Region: Asheville
DA4t Wk g_(,N Fletcher NC 28732
Contact Person: ),ft6(` Title:
Phone:-828-684-6701
Directions to Facility:
System Classifications:
Primary ORC: Certification:
Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/15/2012 Entry Time: 08:45 AM Exit Time: 11:45 AM
Primary Inspector: Susan A Wilson
Phone: [phone]
Secondary Inspector(s):
Timothy R Fox Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: (=1 Compliant ■Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

A
Permit: NCG020167 Owner-Facility: Oldcastle Materials
Inspection Date: 06/15/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
l
Inspection Summary:
Susan Wilson and Tim Fox(DWQ)met David Watkins (Oldcastle)to conduct a site inspection on June 15,2012. The site
layout is such that much of the runoff goes to the main pit. The main pit area appears to be the historical low area where
Kimsey Creek used to run (and has now been diverted running parallel to the pit on the east side). Part of Kimsey Creek
still bisects the plant. There are several ponds/basins on-site and it appears that some are sized to not discharge.
Dewatering pit water is diverted to a pond/basin to the southeast of Kimsey Creek. Per David,this basin overflows
(depending on rainfall events)and is monitored.
The processing area has many fine particles which are likely carried directly to Kimsey Creek. This area should be
evaluated and fine particles diverted to a detention basin as much as possible. Visual observation of Kimsey Creek(near
the walkway bridge)did not show obvious signs of solids deposition. This office has not received complaints with regard
to this facility. DWQ was unable to access further downstream at the time of the inspection.
DWQ will work with Oldcastle to ensure compliance. Upstream and downstream monitoring may be valuable, based on
the layout of the facility. All outfalls/basins should be evaluated to determine which may be need to be sampled(some
ponds appear to be recycle only; others may be sized to not have a discharge).
DWQ will request that Don Mason and Greg Davis of APAC review the site and develop a plan for compliance for this
facility.
Page: 2

Permit: NCG020167 Owner-Facility: Oldcastle Materials
Inspection Date: 06/15/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ n n n
#Does the Plan include a General Location(USGS)map? ■ n n n
#Does the Plan include a"Narrative Description of Practices"? n n n ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? n n n 0
#Does the Plan include a list of significant spills occurring during the past 3 years? n n 1=1 0
#Has the facility evaluated feasible alternatives to current practices? n n n ■
#Does the facility provide all necessary secondary containment? ■ n n ❑
#Does the Plan include a BMP summary? n n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? n n n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n n n
#Does the facility provide and document Employee Training? n n n
#Does the Plan include a list of Responsible Party(s)? ■ n n n
#Is the Plan reviewed and updated annually? n ■ n n
#Does the Plan include a Stormwater Facility Inspection Program? n n n
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ n n
Comment: There was a Stormwater Pollution Prevention Plan on-site, however, it was
very outdated. A new plan needs to be developed based on current practices and
current permit requirements, as well as new personnel.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ n n
Comment: Some qualitative monitoring has been performed.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ n n n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n
Comment: Some analytical monitoring has been conducted for dewatering.
Vehicle maintenance is performed in a building under cover; no vehicle maintenance
monitoring is required at this time.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? n n n
#Were all outfalls observed during the inspection? n
Page: 3

Permit: NCG020167 Owner-Facility: Oldcastle Materials
Inspection Date: 06/15/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
#If the facility has representative outfall status,is it properly documented by the Division? In n ■ n \
#Has the facility evaluated all illicit(non stormwater)discharges? n In n ■
Comment:
Page: 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 29, 2012
Ms. Anne Vance
Pavilion International
P.O. Box 199
Mill Spring, North Carolina 28756
Subject: NOTICE OF VIOLATION
NOV-2012-LV-0329
Permit No. NCO085294
Britten Creek WWTP
Dear Ms. Vance: Polk County
A review of Britten Creek WWTP's monitoring report for February 2012 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
' BOD, 5-Day(20 Deg. C) - 02/29/2012 30 mg/I 35.9 mg/I Monthly
Concentration Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincere ,
Chuck Cranf rd, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
S:ISWPiPolk>..Wastewater',MinorsiPavillion Intl 852941N0V-2012-LV-0329.doc NoithCazolina
XgIM 4
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone]
Internet: www.ncwatergualitv.org FAX [phone]