DWR SWP Read File Archive July 2008

- f Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
-� Coleen H.Sullins,Director
Division of Water Quality
July 1, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 5012
Mr. V. Marcus Lowery, P.E.
TGS Engineers
804-C North Lafayette Street
Shelby, North Carolina 28150
Subject: Fast-Track Application Return
Town of Rutherfordton
Park Crossing-Phase
Rutherford County
Dear Mr. Lowery:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking
permission to construct a sewer to serve Park Crossing-Phase I. The application is being
returned for the following reasons:
(1) By Act of the North Carolina General Assembly, effective September 1, 2007,
Fast-Track Permit processing fees were increased from $400 to $480. When
resubmitting the application please submit a single check made out to the North
Carolina Department of Environment and Natural Resources in the amount of
$480.
(2) The Application did not include our Flow Tracking/Acceptance Form (attached).
I look forward to receiving a completed application. Please do not hesitate to call me at
828/296-4659 should you wish to discuss this matter.
Sincerely,
ax�
Roy M. Davis
Environmental Engineer
Xc: Karen Andrews, Town of Rutherfordton
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone]
Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycledll0%Post Consumer Paper

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Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary/J North Carolina Department of Environment and Natural Resources
:?
Coleco H.Sullins,Director
Division of Water Quality
July 1, 2008
S/I Development Co. S/I Development Co.
Steve Icenhour Dennis Sherrill
PO Box 1312 1104 Springfield Court
Lenoir,NC 28645 Lenoir,NC 28645
Subject: Follow-up to Notice of Violation and Recommendation for Enforcement
Piper Ridge Development
NOV-2008-PC-0283
DWQ Tracking Number: NCR000870
Caldwell County
Dear Sirs:
The Division of Water Quality (DWQ)has received your response regarding final
stabilization measures taken at Piper Ridge as well as correspondences from Environmental
Consulting Services dated June 12, 2008 regarding the Notice of Violation and Recommendation
for Enforcement NOV-2008-PC-0283 dated April 22, 2008. DWQ has reviewed the information
provided and conducted a follow-up site visit on June 9, 2008. The written response, photo
documentation, and the restoration efforts observed at the site have satisfactorily resolved the
violations noted in the Notice of Violation and Recommendation for Enforcement dated April 22,
2008.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to$25,000.00 per day for each violation.
Should you have any questions regarding these matters, please contact Linda Wiggs at(828) 296-
4500.
Sincerely,
Linda Wiggs
Surface Water Protection Section
cc: Asheville Regional Office File Copy
NPS Assistance and Compliance Oversight Unit
DWQ Central Files
DLR Asheville Regional Office
Caldwell County Planning Northcarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Caldwell\Stormwater Construction NCG01\PiperRidge-NCR000866\piperridgeNOVClosure.doc
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
July 1, 2008
Mr. John E. Cort
441 Windsor Road
Asheville, North Carolina 28804
Ms. Charlotte Derrough
5 Hill Crest Road
Asheville, North Carolina 28804
Mr. Bob Wallace
361 Windsor Road
Asheville, North Carolina 28804
Subject: Maintenance of Private Sewers
Buncombe County
Dear Mr. Cort, Ms. Derrough & Mr. Wallace:
have before me a June 25, 2008 letter from John Cort with an attached property survey.
The survey depicts an area of North Asheville where a privately owned sewer line was
overflowing last week. The sewer is located roughly on the line separating the Cort
property from properties belonging to Charlotte Derrough and Bob Wallace respectively.
Comparing what I saw last week to the property lines shown on the survey I can definitely
say that the privately owned sewer line is on both the Wallace property and Derrough
property. The probability is great that part of the line is located on property belonging to the
Corts. Given that the sewer is not located on a deeded right-of-way, the line belongs to
the owner of the property under which it lies.
Responsibility for maintenance and upkeep of the line falls on the owners of the line. The
Metropolitan Sewerage District of Buncombe County (MSD) has a very generous private
sewer rehabilitation program whereby the District will assume maintenance responsibility
for a private sewer if the owners of the property under which the sewer lies will give written
permission for the MSD to come on their property to maintain the line. I have discussed
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

- -- -
------------
your sewer line with Mike Butler with the MSD. Mike is of the opinion that your sewer is a
candidate for inclusion in the private sewer rehabilitation program. Attached is the form
used to give permission to the MSD to come on your property to maintain your sewer. I
cannot state too strongly what a good deal this is. Each of you would need to sign the
form. Mike would want all the forms returned together by one of you willing to serve as
contact with the MSD. The Metropolitan Sewerage District of Buncombe County's mailing
address is 2028 Riverside Drive, Asheville, North Carolina 28804.
Should you need to discuss this matter in greater detail please do not hesitate to call me
at [phone].
Sincerely,
Roy M. Davis
Environmental Engineer
Xc: Mike Butler, MSD
i
G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\John Cort Letter.08.doc

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 2, 2008
Bryan Duckworth
Town of Valdese
100 Whisnant Street
Valdese,NC 28690
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Valdese Public Works
Permit No: NCGO80707
Burke County
Dear Mr. Duckworth:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
June 26, 2008. The facility was found to be in compliance with permit NCG080707.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828) 296-4664 or [e-mail], if I can be of any further
assistance.
Sincerely,
Chuck Of ford
Enclosure
cc: Central Files
Asheville Files
None
rthCarolina
naturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Burke\Stormwater TransitAndTrans NCG08\Townofvaldese_CEI_7-1-08.doc

Compliance Inspection Report
Permit: NCG080707 Effective: 11/01/07 Expiration: 10/31/12 Owner: Town of Valdese
SOC: Effective: Expiration: Facility: Valdese Public Works
100 Whisnant St
County: Burke
Region: Asheville
Valdese NC 28690
Contact Person: Bryan Duckworth Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/26/2008 Entry Time: 10:45 AM Exit Time: 11:30 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Transportation w/Vehicle Maintenance/Petroleum Bulk/Oil
Water Separator Stormwater Discharge COC
Facility Status: ■Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCGO80707 Owner-Facility:Town of Valdese
Inspection Date: 06/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection summary: `
DWQ staff was met on site by Bryan Duckworth. A tour was conducted of the exterior of the facility, observing the
stormwater conveyances and outfalls and site conditions. During the visit,the SPPP manual was reviewed, operational
activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to
the most recent permit version, dated November 1, 2007. At the time of the inspection the site was found to be in
compliance with the permit. The inspector noted that the facility appeared to maintain good housekeeping practices with
some room for improvement and records were found to be in good order.
The following improvement items were noted:
1.Vegetation should be better established in and around the stormwater ditch at the back of the property. If vegetation is
difficult to establish, rip-rap or gravel would help prevent erosion in the ditch.
2. Covered storage should be provided for bulk sand/gravel piles.
3. Remove or otherwise shelter unused materials and equipment.
4. Secondary containment for used motor oil storage should be installed or the oil drum should be stored inside.
r
Page: 2

Permit: NCG080707 owner-Facility:Town of Valdese
Inspection Date: 06/26/2008 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
#Does the Plan include a"Narrative Description of Practices"? ® ❑ o n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n n
#Has the facility evaluated feasible alternatives to current practices? ■ n n n
#Does the facility provide all necessary secondary containment? n ■ n n
#Does the Plan include a BMP summary? ® Q Q n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ n n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ n
#Does the facility provide and document Employee Training? ® n n n
#Does the Plan include a list of Responsible Party(s)? ■ ❑ n n
#Is the Plan reviewed and updated annually? ■ ❑ n n
#Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ n
Has the Stormwater Pollution Prevention Plan been implemented? ■ n n ❑
Comment: Secondary containment for the used oil drum should be installed or store
the drum under roof.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ® n n n
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ n ■
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n
Comment: Facility uses less than 55 gallons of motor oil per month.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ n Q
#Were all outfalls observed during the inspection? ■ n n n
#If the facility has representative outfall status, is it properly documented by the Division? n n ■ n
#Has the facility evaluated all illicit(non Stormwater)discharges? ■ ❑ ❑ ❑
Comment:
Page: 3

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
p Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 2, 2008
Wade Goossens
Republic Service Of NC, LLC
2911 NC 18 South
Morganton,NC 28655
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Garbage Disposal Service-Burke
Permit No: NCG080210
Burke County
Dear Mr. Gossens:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
June 30, 2008. The facility was found to be in compliance with permit NCG080210.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at(828) 296-4664 or chuck.cranfordgncmail.net, if I can be of any further
assistance.
Sincerely,
Chuck Crrford
Enclosure
cc: Central Files
Asheville Files
ne
NorthCarolina
Naturally
2090 U.S.Highway 70,Swan nanoa,NC 28778 Telephone:[phone] Fax;[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Burke\Stormwater TransitAndTrans NCG08\GDS_CEI_7-1-08.doc

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Compliance Inspection Report
Permit: NCG080210 Effective: 11/01/07 Expiration: 10/31/12 Owner: Republic Services Of NC LLC
SOC: Effective: Expiration: Facility: Garbage Disposal Serice-Burke
2911 b S Sterling Stre
County: Burke
Region:Asheville
Morganton NC 28655
Contact Person: Wade Gossens Title: Phone:[phone]
Directions to Facility:
Exit 105 to NC-18. Left on 18/S.Sterling
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/30/2008 Entry Time: 09:30 AM Exit Time: 10:30 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil
Water Separator Stormwater Discharge COC
Facility Status: ■ Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCGO80210 Owner-Facility: Republic Services Of NC LLC
Inspection Date: 06/30/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Wade Gossens and others. A tour was conducted of the exterior of the facility, observing
the stormwater conveyances and outfalls and site conditions. During the visit, the SPPP manual was reviewed,
operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as
pertaining to the most recent permit version, dated November 1, 2007. At the time of the inspection the site was found to
be in compliance with the permit. The inspector noted that the facility maintained a proactive approach to permit
complaince, followed good housekeeping practices and kept exemplary records.
Considering current business practices and site conditions, an opportunity may exist to receive a No Exposure
Certification for the facility.
Page: 2

Permit: NCG080210 owner-Facility: Republic Services Of NC LLC
Inspection Date: 06/30/2008 Inspection Type:Compliance Evaluation
Reason for Visit:Routine
Yes No NA NE
Stormwater Pollution Prevention Plan .
❑ ❑ ❑
Does the site have a Stormwater Pollution Prevention Plan?
#Does the Plan include a General Location(USGS)map?
■ nnn
#Does the Plan include a"Narrative Description of Practices"?
#Does the Plan include a detailed site map including outfall locations and drainage areas?
■ rl ❑ ❑
#Does the Plan include a list of significant spills occurring during the past 3 years?
■ ❑ ❑ ❑
#Has the facility evaluated feasible alternatives to current practices?
#Does the facility provide all necessary secondary containment?
■ n ❑ n
#Does the Plan include a BMP summary?
#Does the Plan include a Spill Prevention and Response Plan(SPRP)?
■ ❑ ❑ ❑
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑
#Does the facility provide and document Employee Training?
■ ❑ ❑ ❑
#Does the Plan include a list of Responsible Party(s)?
■ ❑ ❑ ❑
#Is the Plan reviewed and updated annually?
�'�� ■ ❑ ❑ ❑
- #Does the Plan include a Stormwater Facility Inspection Program?
Has the Stormwater Pollution Prevention Plan been implemented?
Comment:
Yes No NA NE
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually?
Comment:
Yes No NA NE
Analytical Monitoring
■ ❑ ❑ ❑
Has the facility conducted its Analytical monitoring?
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
■ ❑ ❑ ❑
Comment:
Yes No NA NE
Permit and Outfalls
#Is a copy of the Permit and the Certificate of Coverage available at the site?
#Were all outfalls observed during the inspection?
#If the facility has representative outfall status, is it properly documented by the Division?
#Has the facility evaluated all illicit(non stormwater)discharges?
■ ❑ ❑ ❑
Comment:
Page: 3

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
v
Coleen H.Sullins,Director
Division of Water Quality
`< Asheville Regional Office
SURFACE WATER PROTECTION
July 2, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 9899 7217
Mr. D Brent Nappier
Sunny Forcast 64, LLC
PO Box 1870
Hendersonville,NC 28793
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Wolfchase Development
DWQ Tracking Number: NCR000979
NOV-2008-PC-0483
Construction Stormwater Permit NCG010000
Stream Standard Violation- Other Waste (In-stream sediment)
Henderson County
Dear Mr. D. Brent Nappier:
On June 24, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for Wolfchase along Hwy 64 in Henderson County.
Present during the inspection was Mr. Ralph Turner.
Construction Stormwater Permit NCGO10000, and stream standards violations were noted during
the inspection and file review. Sediment impacts to Unnamed Tributary to Wolfpen Creek
classified"C" were documented constituting stream standard violations. Approximately 700 feet
of stream was impacted by sediment deposition measuring up to 4 inches in depth.
As a result of the site inspection and file review,the following violations were noted:
PERMIT VIOLATIONS
I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System(NPDES) in
_ accordance with Title 15 A North Carolina Administrative Code 2H.0100. Detailed below
are permit condition violations.
o e
N hCarohna
Vaturallbr
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Henderson\StormwaterConstruction NCG01\WolfC has e-ncr000979\nov-2008-pc-0483.doc

Wolfchase Page t of�',
July 2, 2008
a. Minimum Monitoring and Record Keeping(Part 1. Section B. No. 3) \�
Inspection records of stormwater discharges, collected weekly and after every half-
inch or greater rain event, were not recorded and available for review.
b. Final Limitations and Controls for Stormwater Discharges (Part 1. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in Division of Land
Resources Notice of Violation dated June 5, 2008, represents a violation of
NCGO10000 Permit.
c. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated June 5, 2008, represents a violation of
NCGO10000 Permit.
d. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f—Approximately 700 feet of an Unnamed Tributary to Wolfpen Creek classified"C"
was impacted by sediment deposition up to 4 inches throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Linda Wiggs at Division of Water Quality, 2090 ;
US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands
and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center,Raleigh,NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
c. Minimum Monitoring and Record Keeping—Please provide monitoring and
record keeping weekly to Linda Wiggs until further notice. An example of a
properly filled out monitoring form was supplied to Mr. Turner during the
inspection. This form is to be filled out for every week and after each %2
inch rain event. The following bulleted list provides further guidance on
how to conduct monitoring and record keeping activities in such a way as to
be compliant with the NCGO10000 Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection. �
• Erosion and Sedimentation Control Facilities are to be inspected every week
and after each %2 inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.)to be inspected, the date and time

Page 3 of 4
inspected,the initials of the inspector, whether the device is operating
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.
• Stormwater Discharge Outfalls are to be inspected every week and after
each 1/2 inch rain event. It is required to individually list each of the outfalls
to be inspected,the date and time inspected,the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
d. You should include in your response an explanation of how you propose to prevent
these problems from reoccurring on this project and on future projects.
II. Stream Standard - Other Waste (In-Stream Sediment)
a. Please submit a Sediment Removal Restoration Plan(Restoration Plan)to this
office for review and approval. This Restoration Plan is to be submitted within 15
days of receipt of this Notice. The Restoration Plan must address removal of the
accumulated sediment from Unnamed Tributary to Wolfpen Creek. The
Restoration Plan must be submitted to the Division of Water Quality for review and
approval prior to implementation. You are encouraged to secure an environmental
consultant experienced in stream restoration to assist you with your plan
development, and authorization necessary to achieve compliance. It is
recommended that your consultant contact Linda Wiggs of the Asheville Regional
Office for additional guidance during restoration plan development. The
Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbid
water is not released.
b. Once the restoration has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Linda Wiggs.
Completion of sediment removal activities and final report are to be submitted
within thirty(30) days of plan approval by DWQ.
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

Wolfchase Page 4 of"
July 2, 2008
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should \
you have any questions regarding these matters, please contact Linda Wiggs or myself at (828)
296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy-NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Henderson County Planning
Clear Water Environmental Consultants

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
- Asheville Regional Office
SURFACE WATER PROTECTION
July 2, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7194
Mr. David Lewis
Boulder Mountain, LLC
4735 Brookridge Dr
Hickory,NC 28601
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7200
Michael Dockery
Boulder Mountain Management Group, LLC
3417 Second Street NW
Hickory,NC 28601
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Boulders at Chimney Rock
DWQ Tracking Number: NCR000972
NOV-2008-PC-0482
Construction Stormwater Permit NCGO10000
Rutherford County
Dear Sirs:
On June 19, 2008; Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection for Boulders at Chimney Rock along Silver City Road
in Rutherford County. A Construction Stormwater Permit (NCG010000) is issued upon the
approval of an Erosion and Sedimentation Control Plan for sites greater than one acre.
Specifically, the NCGO10000 Permit authorizes discharge of stormwater under the National
Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina
Administrative Code 21-1.0100. Construction Stormwater Permit NCGO10000 violations were
noted during the inspection and file review.
PERMIT VIOLATIONS
I. Construction Stormwater Permit NCG010000 - The following permit condition
violations were noted.
a. Rain Gauge Data (Part I. Section B. No. 1.)Rain gauge data, measured daily, was
not recorded and available for review.
b. Minimum Monitoring and Record Keeping (Part I. Section B.No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
NorthCarolina
Naturally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax: [phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Rutherford\Stormwater Construction NCG010\Boulders-NCR000972\nov-2008-pc-0482.doc

Boulders at Chimney Rock Page 2 of`a,.'
July 2, 2008
discharges, collected weekly and after every half-inch or greater rain event, were \
not recorded and available for review.
c. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in Division of Land
-
Resources Notice of Violation dated May 22, 2008, represents a violation of
NCGO10000 Permit.
d. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated May 22, 2008, represents a violation of
NCGO10000 Permit.
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Linda Wiggs, Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands
and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center, Raleigh,NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
c. Minimum Monitoring and Record Keeping - Please provide copies weekly
of all monitoring and record keeping to Linda Wiggs until further notice.
Please refer to the email you were sent June 26, 2008 with an attached
Stormwater Inspection Form example. This form is to be filled out for every
week and after each '/2 inch rain event. The following bulleted list provides
guidance on how to conduct monitoring and record keeping activities in
such a way as to be compliant with the NCGO10000 Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.
• Erosion and Sedimentation Control Facilities are to be inspected every Week-
and after each %2 inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.)to be inspected, the date and time
inspected, the initials of the inspector, whether the device is operating
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.
• Stormwater Discharge Outfalls are to be inspected every week and after
each '/Z inch rain event. It is required to individually list each of the outfalls
to be inspected, the date and time inspected, the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in

o
ry Rock Page 3 of 3
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
d. The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete. The Permittee may
authorize a representative to sign these documents (please see Part II Section B (10
b) of the NCGO10000 Permit for proper procedure).
e. You should include in your response an explanation of how you propose to prevent
these problems from reoccurring on this project and on future projects.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Linda Wiggs or myself at (828)
296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Rutherford County Planning

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
r Division of Water Quality
-9
"C Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 3, 2008
Mr. Parks Banks
P.O. Box 387
Barnardsville, North Carolina 28709
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Ridgeview Acres MHP WWTP
Permit No: NCO060283
Buncombe County
Dear Mr. Banks:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on June 24, 2008._ The facility appeared to be in compliance
with permit NC0060283. The kind assistance of Mr. Trevor McMinn during the inspection
was appreciated. He is doing a fine job of operating this facility:
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
anet C well
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Trevor McMinn/ ORC w/ attachment
G:\WPDATA\DEMWQ\Buncombek60283 Ridgeview Acres MHP\60283-CE1.08.doc No°e Carolina
�tura!!y
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

NPDES yr/mo/day Inspection Type
3I NC0060283 I11 121 O8/06/24 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \
Trevor McMinn/ORC assisted in the inspection of this facility.
There was no discharge at the time of inspection, and from review of the records, there has never been a
discharge.
Page# 2

o
Permit: NCO060283 Owner-Facility: Ridgeview Acres Mobile Home Park
inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ■ n
Is the facility as described in the permit? ■
#Are there any special conditions for the permit? 13000
Is access to the plant site restricted to the general public? n O ■
Is the inspector granted access to all areas for inspection? ® n Q n
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n 110
Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids,pH, DO,Sludge n ❑ ■
Judge, and other that are applicable?
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available, complete and current? ® n In n
Are all records maintained for 3 years(lab. reg. required 5 years)? ® n ❑ n
Are analytical results consistent with data reported on DMRs? ❑ ❑ n ■
Is the chain-of-custody complete? n n ❑ ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses
Transported COCs n
Are DMRs complete: do they include all permit parameters? ■ n n n
Has the facility submitted its annual compliance report to users and DWQ? ■ n ❑ n
(If the facility is=or>5 MG permitted flow)Do they operate 24/7 with a certified operator on each shift? n Q ■ n
Is the ORC visitation log available and current? ■ ❑ n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ Q n Q
Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n
Is a copy of the current NPDES permit available on site? ■ ❑ n n
Page# 3

Permit: NCO060283 Owner-Facility: Ridgeview Acres Mobile Home Park
Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE _
Facility has copy of previous year's Annual Report on file for review? ■ Q 0 0
Comment: There was no discharge at the time of inspection, and from review of the
DMRs and conversations with the operators and staff in the ARO, there has never been
a discharge.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■
Are the tablets the proper size and type? ■ 0 0
Number of tubes in use?
Is the level of chlorine residual acceptable? 00 ■
Is the contact chamber free of growth,or sludge buildup? No
Is there chlorine residual prior to de-chlorination? ❑ ❑ ■ ❑
Comment:
Page# 4

Michael F.Easley,Governor_
William G.Ross Jr.,Secretary
C. North Carolina Department of Environment and Natural Resources
y Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 3, 2008
Mr. William David Cable
White Oak Manor
P.O. Box 1167
Banner Elk, North Carolina 28604-1167
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
White Oak Manor WWTP- Rutherfordton
Permit No: NCO030139
Rutherford County
Dear Mr. Cable:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on June 25, 2008. The facility appeared to be in compliance
with permit N00030139. The kind assistance of Mr. Jerry Alexander during the inspection
was appreciated. He is doing a find job of operating this facility.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
Znet Can well
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ ORC w/ attachment
G:\WPDATA\DEMWQ\Rutherford\30139 White Oak Manor\30139-CEI.08.doc One
hCarolina
Naturally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

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11
United States Environmental Protection Agency Form Approved.
�� Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 31 NCO030139 I11 121 0-8/06/25 117 18L 191 . LJc1 201
Remarks I U
21IIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67I 169 701 1 71 LI 72I NI 73 W 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:35 AM 08/06/25 05/05/01
White Oak Manor- Rutherfordton
188 Oscar Justice Rd Exit Time/Date Permit Expiration Date
Rutherfordton NC 28139 12:10 PM 08/06/25 08/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Jerry Ross Alexander/ORC/864-237-1287/
Name,Address of Responsible Official Title/Phone and Fax Number
Contacted
William David Cable,PO Box 1167 Banner Elk NC 286041167//828-898-6277_(
do
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Flow Measurement Operations&Maintenance 0 Records/Reports
Self-Monitoring Program Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature qff Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Pr ous editions are obsolete.
Page# 1

NPDES yr/molday Inspection Type
3' NCO030139 I11 12I 08/06/25 I17 18'_I
Section D: Summary of(Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Jerry Alexander/ORC assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on 6/7/07.
A review of the files indicates that the permit expires July 31, 2008.
Page# 2

Permit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton
inspection Date: 06/25/2008 inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ® ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ■ ❑ ❑
Is access to the plant site restricted to the general public? Cl ❑ ❑
Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ Q 00
Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ® ❑ ❑ ❑
Is all required information readily available, complete and current? . ■ ❑ ❑ ❑
Are all records maintained fora years(lab. reg. required 5 years)? ❑ ❑ Cl ■
Are analytical results consistent with data reported on DM Rs? ❑ ❑ ❑ ■
Is the chain-of-custody complete? ❑ ❑ ❑ ■
Dates,times and location of sampling In
Name of individual performing the sampling ❑
Results of analysis and calibration 13
Dates of analysis ❑
Name of person performing analyses ❑
Transported COCs ❑
Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ n
Has the facility submitted its annual compliance report to users and DWQ? ❑ In ❑ ■
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑
Is the ORC visitation log available and current? ■ ❑ ❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑
Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ ■
Page# 3

Permit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton
Inspection Date: 06/25/2008 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE .
Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ ■ ❑
Are the diffusers operational? ■ ❑ ❑ ❑
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑
Is the DO level acceptable? ❑ ❑ ❑ ■
Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ ❑ ❑ ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ 013
J'
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ Cl ■ ❑
Are weirs level? ■ ❑ ❑ ❑
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ ❑ ❑ ❑
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ I_l ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately''/of the sidewall depth) ❑ ❑ ❑ ■
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ ❑ ❑ ❑
Is flow meter calibrated annually? ■ ❑ ❑ ❑
Is the flow meter operational? E ❑ ❑ ❑
Page# 4

Permit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton
Inspection Date: 06/25/2008 Inspection Type: Compliance Evaluation
Flow Measurement Effluent Yes No NA NE
(If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■
Comment: Last calibration was 8/9/07..
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ® n 0 0
Are the tablets the proper size and type? ® 0011
2
Number of tubes in use?
Is the level of chlorine residual acceptable? ■ 0130
Is the contact chamber free of growth,or sludge buildup? ■ 0110
Is there chlorine residual prior to de-chlorination? ® Q 11 n
Comment:
De-chlorination Yes No NA NE
Tablet
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ■
Is storage appropriate for cylinders? ❑ n ■ Q
#Is de-chlorination substance stored away from chlorine containers? ■ D ❑
Comment:
Are the tablets the proper size and type? ■ 0 Q ❑
Are tablet de-chlorinators operational? ■ D
013
Number of tubes in use?
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris? ■ 11 Q
If effluent (diffuser pipes are required) are they operating properly? D Q ■
Comment:
Page# 5

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u
Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Y
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 3, 2008
Mr. John Cilone
Fair Haven Home
149 Fair Haven Drive
Bostic, North Carolina 28018
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Fair Haven Home WWTP
Permit No: NCO079448
Rutherford County
Dear Mr. Cilone:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on June 25, 2008. The facility appeared to be in compliance
with permit NC0079448. Mr. Alexander is doing a fine job of operating this facility.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
Ja�ret Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ ORC w/ attachment
G:\WPDATA\DEMWQ\Rutherford\79448 Fair Have n\79448-CE1.08.doc One
NorthCarolina
Naturally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

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United States Environmental Protection Agency Form Approved.
C Washington,D.C.20460 OMB No.2040-0057
A Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO079448 Ill 121 08/06/25 117 18I r1 191 cI 20I
Remarks t-
211 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 LLJ_j6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved----------------------
67I 169 701 I 711 I 72(N I 73I (W(74 751 I I I I I I 1 80
Section B: Facility Data L--
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
12:30 PM 08/06/25 05/05/01
Fair Haven Home
149 Fair Haven Dr Exit Time/Date Permit Expiration Date
Bostic NC 28018 02:35 PM 08/06/25 08/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Suzanne Hensley,149 Fair Haven Dr Bostic NC No
28018/Administrator/828-245-9095/
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Records/Reports ■Self-Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type \yam
3I NCO079448 I11 12I 08/06/25 117 18I CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Jerry Alexander/ORC assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on 6/7/07.
A review of the files indicates that the permit expires July 31, 2008.
tiJ
Page# 2

Permit: NCO079448 Owner-Facility: Fair Haven Home
.nspection Date: 06/25/2008 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n
Is the facility as described in the permit? ■ f_I Q F1
#Are there any special conditions for the permit? 0 ■ 0 Q
Is access to the plant site restricted to the general public? ® n ❑ n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ® ® ®
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ n
Judge,and other that are applicable?
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available,complete and current? ■ ❑ n ❑
Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ n n ■
Are analytical results consistent with data reported on DMRs? ❑ n ❑ ■
Is the chain-of-custody complete? ❑ n 0 ■
Dates,times and location of sampling
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses
Transported COCs
Are DMRs complete:do they include all permit parameters? ■ n n n
Has the facility submitted its annual compliance report to users and DWQ? ❑ n ❑ ■
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n ❑ ■ n
Is the ORC visitation log available and current? ■ Q n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ n n
Is a copy of the current NPDES permit available on site? ❑ ❑ n ■
Page# 3

A
Permit: NCO079448 Owner-Facility: Fair Haven Home
Inspection Date: 06/25/2008 Inspection Type: Compliance Evaluation \
Record Keeping Yes No NA NE _=
Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ Cl ❑
Is the basin free of bypass lines or structures to the natural environment? ■ ❑ ❑ ❑
Is the basin free of excessive grease? ■ ❑ ❑ ❑
Are all pumps present? ® ❑ ❑
Are all pumps operable? ■ ❑ ❑ ❑
Are float controls operable? ■ ❑ ❑ ❑
Are audible and visual alarms operable? ❑ Cl ❑ ■
#Is basin size/volume adequate? ■ ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffusedi
Is the basin free of dead spots? ■ ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ ■ ❑
Are the diffusers operational? ■ ❑ ❑ ❑
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑
Is the DO level acceptable? ❑ ❑ ❑ ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑
Are weirs level? ■ ❑ ❑ ❑
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ ❑ ❑ ❑ /
Page# 4

Permit: NC0079448 Owner-Facility: Fair Haven Home
,inspection Date: 06/25/2008 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of excessive floating sludge? M 0 0 11
Is the drive unit operational? 0 ❑ ■ Q
Is the return rate acceptable(low turbulence)? - ® Q Q
Is the overflow clear of excessive solids/pin floc? ® 0
Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) Q Q
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational?
Are the tablets the proper size and type? ® Q
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ® ❑ ❑ Q
Is the contact chamber free of growth,or sludge buildup? ® � n
rl
Is there chlorine residual prior to de-chlorination? ® n Q Q
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ® 0 ❑ Q
Is storage appropriate for cylinders? n 0 M Q
#Is de-chlorination substance stored away from chlorine containers? ® Q
Comment:
Are the tablets the proper size and type? ■ Q 0
Are tablet de-chlorinators operational? ■ Q 0 0
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ❑ Q Q M
Are the receiving water free of foam other than trace amounts and other debris? Q Q Q ■
If effluent (diffuser pipes are required) are they operating properly? Q ❑ 0
Page# 5

Permit: NC0079448 Owner-Facility: Fair Haven Home
Inspection Date: 0 612 5/2 0 0 8 Inspection Type: compliance Evaluation
Effluent Pipe Yes No NA NE
Comment: Mr. Alexander and I were not able to locate the effluent discharge pipe
which is somewhere across the road from the facility.
Mr. Alexander stated he will locate the dischage pipe.
Page# 6

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
T Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 3, 2008
Mrs. Leigh W. Young
Buncombe Properties
P.O. Box 18133
Asheville, North Carolina 28814
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Eden's Glen Mobile Village WWTP
Permit No: NCO068152
Buncombe County
Dear Mrs. Young:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on June 24, 2008. The facility appeared to be in compliance
with permit N00068152.
There are several items, however, which need your immediate attention. Please
refer to the enclosed inspection report for additional observations and comments. If you
or your staff have any questions, please call me at 828-296-4500, Ext. 4667.
Sincerely,
anet C t rrelI
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Environmental Inc./ ORC w/ attachment
G:\WPDATA\DEMWQ\Buncombe\68152 Eden's Glen MHP\68152-CEI.08.doc
Noe Carolina
Nturully
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 IJ 3) NCO068152 Ill 121 o8/06/24 117 181 r1 191 .cl 201!J I
L- Remarks
211 1 1 1 I I I I I I --I-I I I I I I I I I III , III , I I I I I I I I I I I I i l LJ__U6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA
-------------------------Reserved----------------------
67 I 169 701 I 71 UI 72 I N I 73 W 74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 05/11/01
- 02:50 PM 08/06/24
Eden's Glen Mobile Village WWTP
Exit Time/Date Permit Expiration Date
2 Gospel Way
Weaverville NC 28787 03:50 PM 08/06/24 10/10/31
Name(s)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Officialffitle/Phone and Fax Number
Contacted
Leigh W Young,PO Box 18133 Asheville NC 28814/Managing No
Partner/828-274-6500/8282516452
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Flow Measurement N Operations&Maintenance ■Records/Reports
Self-Monitoring Program ■Facility Site Review E Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
j
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
11- 6 elf
Signature of Managernent Q A Reviewer Agency/Office/Phone and Fax Numbers _ Date_
EPA Form 3560-3(Rev 9-94) vious editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3) 11 12 17 18
NC0068152 � � 08/06/24 � L ic
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The previous compliance evaluation inspection was conducted on 6/27/07.
A review of the files indicates that the permit expires October 31, 2010.
Please request a permit renewal 180 days prior to expiration.
The Annual Performance Report has been filed for the year.
The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical
assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational
concerns. This service is free and non-regulatory to assist in the identification and correction of operational
problems. The service can be utilized for optimization of the operation of W\A7P and/or Collection
Systems. Should you have questions about this service, please contact Don Price at 828-296-4500.
The fence surrounding the plant needs immediate repair to prevent access. This was mentioned in previous
inspections on 3/30/06 and 6/27/07.
Trees need to be trimmed back from above the plant to keep leaves and limbs from falling into the basins
and clogging the system. Shrubbery around the shed needs to be trimmed to keep it out of the working
area.
A net should be provided to use in removing grease balls and debris which get into the basins.
The water pump needs to be insulated to prevent freezing in cold temperatures.
The bar screen needs to be reworked to help prevent debris from entering the basin.
The skimmer should be repaired.
The catwalk needs support bars on both ends of the plant for the safety of the operator.
Page# 2

Permit: NCO068152 Owner-Facility: Eden's Glen Mobile Village WWTP
inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Yes No NA NE
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ® ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ® ❑ Cl
Is access to the plant site restricted to the general public? ❑ ® ❑
Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑
Comment: The fence surrounding the plant needs immediate repair to prevent access.
This was mentioned in two previous Inspections on 3/30/06 and 7/27/07.
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 00011
Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment: . The catwalk across the aeration basin and clarifier needs support bars for
the safety of the operator.
Yes No NA NE
Record Keeping
Are records kept and maintained as required by the permit? ® ❑ ® ❑
Is all required information readily available,complete and current? ® ❑ ❑
Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ ■
Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■
Is the chain-of-custody complete? ❑ ❑ ❑ ■
Dates,times and location of sampling ❑
Name of individual performing the sampling Cl
n
Results of analysis and calibration
Dates of analysis ❑
Name of person performing analyses ❑
Transported COCs ❑
Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑
Has the facility submitted its annual compliance report to users and DWQ? ■ Cl ❑ ❑
(If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑
Is the ORC visitation log available and current? ■ ❑ ❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ Cl ❑
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑
Page# 3

Permit: NCO068152 Owner-Facility: Eden's Glen Mobile Village WWTP
Inspection Date: 0 6/2 412 0 0 8 Inspection Type: Compliance Evaluation \
Record Keeping Yes No NA NE
Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑
Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical ❑
Are the bars adequately screening debris? ❑ E ❑ ❑
Is the screen free of excessive debris? ❑ ❑ ■ ❑
Is disposal of screening in compliance? ■ D ❑ Q
Is the unit in good condition? ❑ ■ ❑ Q
Comment: The bar screen should be reworked to keep debris from entering the
basin. This was mentioned in two previous inspections on 3/30/06 and 6/27/07.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air ,
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ Q Q
Are surface aerators and mixers operational? ❑ ❑ ■ ❑
Are the diffusers operational? ■ ❑ ❑ ❑
Is the foam the proper color for the treatment process? ■ Q ❑ Q
Does the foam cover less than 25%of the basin's surface? ■ ❑ Q Q
Is the DO level acceptable? In ❑ ❑ ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■
Comment: Please let this office know when the second blower is repaired and on line.
Grease balls and other debris need to be removed from the aeration basin.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ 00
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑
Are weirs level? ❑ Q Q
Is the site free of weir blockage? ■ Q 00
Page# 4

Permit: NC0068152 Owner-Facility: Eden's Glen Mobile Village VWVFP
inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Yes No NA NE
Secondary Clarifier
Is the site free of evidence of short-circuiting? n ■ n n
Is scum removal adequate? n ■ n Q
Is the site free of excessive floating sludge? Q ■ n Q
Is the drive unit operational? n Q ■ n
Is the return rate acceptable(low turbulence)? N 0 n Q
Is the overflow clear of excessive solids/pin floc? n ■ n n
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n ■
Comment: Skimmer bar is in need of repair.
Yes No NA NE
Disinfection-Tablet
Are tablet chlorinators operational? ® n Q n
Are the tablets the proper size and type? ® n n n
1
Number of tubes in use?
Is the level of chlorine residual acceptable? ■ ❑ n n
Is the contact chamber free of growth,or sludge buildup? ® ❑ n n
Is there chlorine residual prior to de-chlorination? n 0 n ■
Comment:
Yes No NA NE
De-chlorination
Tablet
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n 00
Is storage appropriate for cylinders? ❑ ❑ ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ ❑ n ❑
1
Number of tubes in use?
Comment:
Yes No NA NE
Effluent Pipe
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? 01100
If effluent (diffuser pipes are required) are they operating properly? ❑ n ■ n
Page# 5

Permit: NC0068152 Owner-Facility: Eden's Glen Mobile Village V\IWTP
Inspection Date: 06/24/2008
P Inspection Type: Compliance Evaluation
Effluent Pipe Yes No`NA NE
Comment:
r y.
Page# 6

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
f North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins,Director
1
C Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 3, 2008
Mr. Lon Hensley
Laurelwood Mobile Home Park
15 Country Place Park
Candler, North Carolina 28715
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Laurelwood Mobile Home Park WWTP
Permit No: NCO069957
Buncombe County
Dear Mr. Hensley :
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 23, 2008. The facility appeared to be in compliance with permit
NC0069957. The kind assistance of both you and Mr. Dyar was appreciated. This facility is well
operated and maintained.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667.
Sincerely,
J t Cantw
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Goldie &Associates/ ORC w/ attachment
G:\WPDATA\DEMWQ\Buncombe\69957 Laurelwood MHP\69957-CE1.08.doc 1VorthCarolina
Naturally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: [phone] Fax:[phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency Form Approved.
P EPA
Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO069957 111 121 08/06/23 117 18I 191 l—
cI 201 I
Lv Remarks J ll.=
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67 1169 70 IU 711 I 72(N I 73 w 74 751 I I I I" I Li 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
01:50 PM 08/06/23 05/11/01
Laurelwood Mobile Home Park
Lower Beaverdam Loop Rd Exit Time/Date Permit Expiration Date
Candler NC 28715 02:20 PM 08/06/23 10/10/31
Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data
James Henry Dyar/ORC/864-882-8194/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Lon Hensley,15 Country Pl Park Candler NC 28715//828-667-5497/ yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance ®Records/Reports ■Self-Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell '2 ARO WQ//828-296-4500 Ext.4667/
-;� e4��
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES ydmo/day Inspection Type
3� 11 12 17 18 _,
NCO069957 � � 08/06/23 � �
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Mr. Lon Hensley/owner and Henry Dyar/Goldie &Associates assisted in the inspection.
The previous compliance evaluation inspection was conducted on 7/5/07.
A review of the files indicates that the permit expires October 31, 2010.
The Annual Performance Report has been filed for the year.
This facility is well operated and maintained
The effluent data on the day of the inspection:
Temperature= 19.6 degrees Celcius
pH = 7.5 units
The effluent was clear.
Page# 2

Permit: NCO069957 Owner-Facility: Laurelwood Mobile Home Park
inspection Date: 06/23/2008 Inspection Type: Compliance Evaluation
Yes No NA NE
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? D 0
Is the facility as described in the permit? ■ n
#Are there any special conditions for the permit? 0 ■ fl 13
011
Is access to the plant site restricted to the general public? 00
Is the inspector granted access to all areas for inspection? ® ❑ 0 ❑
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ Q ❑ Q
Judge, and other that are applicable?
Comment: This facility is well operated and maintained.
Sand Filters (Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? ® 0 ❑ 0
Is the distribution box level and watertight? Q Q ❑ ■
Is sand filter free of ponding? ® �
Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ® ■
#Is the sand filter surface free of algae or excessive vegetation? 0 ❑ ■ Q
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) 0 n Q ■
Comment: This facility consists of a subsurface sand filter system.
Alarms were tested during the inspection and were operable.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ Q ❑ Q
Are the receiving water free of foam other than trace amounts and other debris? . ■ n 00
mO
If effluent (diffuser pipes are required) are they operating properly? Q n
Comment: Effluent was very clear.
Page# 3

Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
7 North Carolina Department of Environment and Natural Resources
r
-i Coleen H.Sullins,Director
O
Division of Water Quality
July 7, 2008
Mr. Greg Cairns
PO Box 10466
Hickory, NC 28603
Subject: Stormwater Permit No. SW1080201
Walker Valley
Low Density Subdivision Permit
Burke County
Dear Mr. Cairns:
The Asheville Regional Office received a complete Stormwater Management Permit Application for Walker
Valley on June 12, 2008. 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. SW1080201 dated July 7, 2008, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein, and does not supercede any other agency permit that may be required.
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 sixty(60) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC
27611-7447. 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 either Starr
Silvis or me at(828) 296-4500.
Sincerely,
Roger C. Edwards;Supervisor
Asheville Regional Office
Surface Water Protection Section
cc: Mr. Lee Gragg, PE, PLS, PO Box 368, Morganton, NC 28680
ARO
Central Files
o`NrthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Burke\Stormwater Managment\Walker Valley permit cover letter.cloc
An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper

State Stormwater Management Systems
Permit No.SW1080201
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Greg Cairns
Walker Valley
Burkemont Mountain Road, Burke County
FOR THE
construction, operation and maintenance of a 3.5% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1.. Each of the 4 lots is limited to a maximum {amount of built-upon area as
indicated in Section 11.11 of this permit} of 46,436 square feet of built-upon area,
as indicated in the approved plans. LAMA regulations may reduce the allowable
built-upon area for those lots within the AEC.
2. The overall tract built-upon area percentage for the project must be maintained
at 12% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects.covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
Page 1 of 4

State Stormwater Managemer„_
Permit No.SW1b\
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety, \
vegetated, and be operational for their intended use prior to the construction of
any built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a.. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any of the items shown on the approved plans, including
the stormwater management system, design concept, built-upon area,
details, etc.
b. Project name change.
C. Transfer of ownership. '
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further subdivision,acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the.
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minimum amount
needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual
9. The permittee is responsible for verifying that the proposed built-upon area does
not exceed the allowable built-upon area. Once the lot transfer is complete, the
built-upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meeting the built-upon area limit is transferred to
the individual property owner, provided that the permittee complies.with the
requirements of Section 11.11 and 11.12 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
Page 2 of 4

u
State Stormwater Management systems
Permit No.SW1080201
Any deviation from the approved plans must be noted on the Certification.
11. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW1080201 as issued by
the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is 46,436 square feet. This allotted
amount includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina,
but does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches; swales, etc.)
associated with the development except for average driveway crossings,
is strictly prohibited by any persons.
h. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
i. All roof drains shall terminate at least 30' from the mean high water mark.
12. The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
13. If the permittee sets up an Architectural Review Committee or Board (ARC or
ARB) to review plans for compliance with the restrictions, the'plans reviewed
must include all proposed built-upon area (BUA). Any approvals given by the
ARC or ARB do not relieve the lot owner of the responsibility to maintain
compliance with the permitted BUA limit.
14. 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.
Page 3 of 4

State Stormwater Manageme,,:,,
Permit No.SM ,
15. All stormwater conveyances will be located in either dedicated right-of-way
(public or private), recorded common areas or recorded drainage easements.
The final plats for the project will be recorded showing all such required
easements, in accordance with the approved plans.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Qualityy
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.,
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request fora permit modification, revocation and reissuance, or.
termination does not stay any permit condition.
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 the 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 is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the 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 both 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 '
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third
parties by the permittee where the required documentation has not been
submitted to and approved by the Division does not relieve the permittee of
responsibility for transferring the permit.
7. 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. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 7th day of July, 2008.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleeri H Suflins, Direttor
Division of Water Quality
By Authority of the Environmental Management Commission
Page 4 of 4

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 8, 2008
Mr. Peter N. Alexander
Young Life Windy Gap Camp
120 Coles Cove Road
Weaverville, North Carolina 28787
SUBJECT: Compliance Sampling Inspection
Status: Compliant
Young Life Windy Gap Camp WWTP
Permit No: NCO034304
Buncombe County
Dear Mr. Alexander:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on June 30, 2008. The facility appeared to be in compliance with
permit NC0034304. Your kind assistance was appreciated during the inspection.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
ZJ et Can
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
G:\WPDATA\DEMWQ\Buncombe\34304 Young Life Windy Gap\30304-CS1.08.doc one
N rthcarolina
aturally
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency Form Approved.
C A Washington,D.C.20460 OMB No.2040-0057
EPA Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15! 31 NCO034304 Ill 121 08/06/30 117 181 ,1 191 c1 201
—! Remarks LJ !J
21111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67 I 169 70[ 71 I I 72 L N I 73 I ' J 74 751 ( ( I I I I 180
Section B: Facili_ty!Data �-- t�J
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:05 AM 08/06/30 05/12/01
Young Life Windy Gap Camp
Rt 2 Upper Flat Creek Rd Exit Time/Date Permit Expiration Date
Weaverville NC 28787 11:50 AM 08/06/30 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Peter N Alexander/ORC/828-645-7187/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Peter N Alexander,120 Coles Cove Rd Weaverville NC 28787//828-645-7187/
r;
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit E Flow Measurement Operations&Maintenance E Records/Reports
Self-Monitoring Program 0 Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext_4667/
ignature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
-LOK
`5 01
06
3,
EPA Form 3560-3(Rev 9 94)P vious editions are obsolete.
Page# 1

A
NPDES yr/mo/day Inspection Type (cont. 1�
3� NCO034304 11 12� 08/06/30 17 18LS�
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Pete Alexander/ORC assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on 6/20/07.
A review of the files indicates that the permit expires October 31, 2010.
Please request a permit renewal 180 days prior to expiration.
The effluent data on the day of the inspection:
Dissolved Oxygen = 2.7 mg/I
pH = 7.5 units
Effluent samples were collected during the inspection and submitted to the lab for analysis.
Results of the sampling will be sent separately from the inspection.
Page# 2

Permit: NCO034304 Owner-Facility: Young Life Windy Gap Camp
inspection Date: 06/30/2008 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ Cl ■ 0
Is the facility as described in the permit? ■ 0 n O
#Are there any special conditions for the permit? Q ■ ❑ n
Is access to the plant site restricted to the general public? ® n n n
Is the inspector granted access to all areas for inspection? ■ n n 0
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ® ❑ n n
Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO,Sludge ■ Q n n
Judge,and other that are applicable?
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available,complete and current? ■ n 0 n
Are all records maintained for 3 years(lab. reg. required 5 years)?
❑ nn ■
Are analytical results consistent with data reported on DMRs? n n n ■
Is the chain-of-custody complete? n 0 n ■
Dates,times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis n
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ n
Has the facility submitted its annual compliance report to users and DWQ? n ❑ ❑ ■
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n ■ n
Is the ORC visitation log available and current? ■ n n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ El Q
Is a copy of the current NPDES permit available on site?
■ 0 0 0
Page# 3

Permit: NCO034304 Owner-Facility: Young Life Windy Gap Camp
Inspection Date: 06/30/2008 Inspection Type: Compliance Sampling
Record Keeping Yes No NA NE
Facility has copy of previous year's Annual Report on file for review? n n n ■
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n a n
Is the basin free of bypass lines or structures to the natural environment? ■ n n Cl
Is the basin free of excessive grease? ■ n ❑ n
Are all pumps present? ■ ❑ ❑ n
Are all pumps operable? ■ ❑ ❑ ❑
Are float controls operable? ■ ❑ ❑ ❑
Are audible and visual alarms operable? ❑ ■ n n
#Is basin size/volume adequate? ■ ❑ ❑ n
Comment: Audible alarm is operable, visual alarm needs bulb replaced.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
i
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? ❑ n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ❑ n n ■
Is the DO level acceptable?(1.0 to 3.0 mg/I) n n n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ Cl n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n ❑ ❑ `-
Page# 4

Permit: NCO034304 owner-Facility: Young Life Windy Gap Camp
Inspection Date: 06/30/2008 Inspection Type: Compliance Sampling
Secondary Clarifier Yes No NA NE
Is the site free of excessive floating sludge? M 0 Q Q
Is the drive unit operational? 0 Q ■ Q
Is the return rate acceptable(low turbulence)? ■ n Q 11
Is the overflow clear of excessive solids/pin floc? M 0 O Q
Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) Q Q
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ® I] 0 O
Is flow meter calibrated annually? ■ 13 Q 0
Is the flow meter operational? Q 0
(If units are separated)Does the chart recorder match the flow meter? 0 ❑ M Q
Comment: Calibration was done 4/24/08.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ Q O
Are the tablets the proper size and type? ■ Q 00
4
Number of tubes in use?
Is the level of chlorine residual acceptable? i Q ❑ Q
Is the contact chamber free of growth,or sludge buildup? M D 00
Is there chlorine residual prior to de-chlorination? 0 ❑
00
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? 0 0 Q 0
Is storage appropriate for cylinders? Q 0 M
#Is de-chlorination substance stored away from chlorine containers? M Q 00
Comment:
Are the tablets the proper size and type? 0 0 00
Are tablet de-chlorinators operational? 0 ❑ 00
4
Number of tubes in use?
Comment:
Page# 5

Permit: NC0034304 Owner-Facility: Young Life Windy Gap Camp
Inspection Date: 06/30/2008 Inspection Type: Compliance Sampling
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ 0 0
Are the receiving water free of foam other than trace amounts and other debris? ■ 0 ❑ 0
If effluent (diffuser pipes are required) are they operating properly? I_1 n ■
Comment:
Page# 6

u
9 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
r
North Carolina Department of Environment and Natural Resources
a �n Coleen H.Sullins,Director
Division of Water Quality
July 8, 2008
John Cecil
Biltmore Farms, LLC
One Town Square Boulevard Suite 330
Asheville, NC 28803
Subject: Follow-up to Notice of Violation
Construction Stormwater Permit NCGO10000
NOV-2008-PC-0167
DWQ Tracking Number NCR000762
Buncombe County
Dear Mr. Cecil:
The Division of Water Quality (DWQ) has received your written response from Mr. Williamson
with Biltmore Farms dated March 25, 2008 regarding the Notice of Violation and Recommendation
for Enforcement NOV-2008-PC-0167 dated March 11, 2008. DWQ has reviewed the information
provided and conducted a follow-up site visit on April 1, 2008. The written response and the
erosion control efforts observed at the site have satisfactorily resolved the violations noted in the
Notice of Violation and Recommendation for Enforcement. Restoration efforts within the stream
were not necessary after further evaluation; there were only a few small pockets of sediment in the
stream channel. However, the stream channel is laden with Iron Bacteria from an unknown source,
but does not require restoration efforts. I have enclosed a fact sheet on Iron Bacteria for your
information. Construction stormwater monitoring reports have been received by DWQ and
reviewed. The required stormwater construction monitoring is being performed in a satisfactory
manner, these reports no longer need to be sent to DWQ,but do need to be kept onsite.
Construction stormwater monitoring is required until the Erosion Control Office closes out the
facility.
This letter in no way precludes this Office for taking action on this or any other violation. Thank
you for your attention to these matters. Should you have any questions regarding these matters,
please contact me at(828) 296-4500.
Sincerely,
ell
Linda Wiggs
Surface Water Protection Section
cc: Asheville Regional Office File Copy
NPS Assistance and Compliance Oversight Unit
DWQ Central Files
Biltmore Farms
Attn: Steve Hedden
Tom Williamson
One Town Square Boulevard Suite 330
Asheville,NC 28803 NorthCarolina
Aatura!!r(
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-
6748G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCGOl\BiltmoIeParkNCR000762\NOV-0167 Closure.doc
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

\
\
WATER QUALITY INFORMATION SHEET
North Carolina Division of Water Quality
Iron bacteria's orangish-red"coating Blue film created by iron bacteria
Iron Bacteria
DESCRIPTION: Iron Bacteria(Ferrobacillus, Gallionella, Thiobacillus, Leptothrix and
Sphaerotilus) are a group of small (0.5 to 1.5 um), unicellular, organisms which grow in
chains and excrete a mucilaginous sheath. This sheath becomes light brown from iron
oxide (Fe (OH)3) and appears as a fuzzy coating. Iron oxide is formed as the bacteria
oxidizes ferrous iron (Fe2) to ferric iron (Fe 3). The ferric iron becomes iron oxide when it
is exposed to air(02) and water (H20). It is the oxidation of ferrous to ferric that
produces the energy needed for the bacteria to survive. This reaction also makes a by-
product that floats up and looks like blue oil on the water. The blue film created by iron
bacteria can be distinguished from oil by taking a stick and running it through the film. If
the film breaks apart, it is from iron bacteria, if it quickly reforms, it is oil.
HABITAT: Iron bacteria live in streams, lakes,ponds and ditches worldwide. They
grow in slow moving water with high amounts of iron. They are commonly found in
streams or seeps fed by ground water. Iron bacteria do not need air or light to grow so
they are frequently found in wells.
SIGNIFICANCE: Iron bacteria are indicative of iron rich water, ground water seeps,
and low flow conditions. They can create taste and odor problems in well water and may
stain clothing. Otherwise, iron bacteria are harmless and do not pose an environmental or
human health risk.
REFERENCES &RESOURCES
General information:
http://www.dnr.state.wi.us/org/water/dwg/febact.htm
hiip://pubs.usgs.goy/publicafions/te'xt/Norrieintro.html

Michael F.Easley,Governor
�Q William G.Ross Jr.,Secretary
n, -Y
North Carolina Department of Environment and Natural Resources
d.A I 'I Coleen H.Sullins, Director
Division of Water Quality
July 9, 2008
DWQ Project# 08-0546
Avery County
Anne Winkleman
315 Lazy Bear Trail
Vilas,NC 28691
Subject Property: Winkleman—Buckeye Road Property
Beech Creek, Avery County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Winkleman:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.089 acres of wetlands for the purpose of impoundment
construction at the subject property, as described within your application received by the N.C.
Division of Water Quality (DWQ) on March 24, 2008, and additional information received June
2, 2008. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you
to use Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us.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 fills for this project (now or in
the future) exceed one acre of wetland or 15O linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
i Not Karolina
North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service Naturally
Internet:www ncwaterguali .ore Fax[phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Avery\401s\08-0546.Winkleman-BuckeyeRoadProject.Approval.doc
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Winkleman—h,
Pas.
July 9�"'
Amount Approved Plan Location or Reference \
(Units)
404 Wetlands 0.001 (acres) Impact 1
404 Wetlands 0.075 (acres) Impact 2
404 Wetlands 0.013 (acres) Impact 3
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. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or locally delegated
program has released the project.
4. Trout Moratorium
The receiving stream is a Class B Trout Waters. In order to protect downstream uses for
Class B Trout Waters a requirement of this Certification is that any additional work
conducted within the stream may not occur between the dates of October 15 through
April 15.
5. Water Release Sturcture
The water release structure for this dam must be designed for mid-column release during
normal flows and during low flow conditions it must also provide for low flow release to
the downstream channel.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The 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 404 or CAMA Permit.
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.

Winkleman—Buckeye Road
Page 3 of 3
July 9,2008
his 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 Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721.
Sincerely,
Coleen H. Sullins,Director
Division of Water Quality
CHSlkhb
Enclosures: GC3705
Certificate of Completion
cc: John Vilas, ENV-ECS, Inc.
643 Greenway Road
Suite K-3
Boone,NC 28607
USACE Asheville Regulatory Field Office
Cyndi Karoly
DWQ Asheville Regional Office
DLR Asheville Regional Office
Central Files
Filename: 08-0546.Winkleman-BuckeyeRoadProj ect.Approval
;f-

Michael F.Easley,Governor
Q(, William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
`i Coleen H.Sullins,Director
Division of Water Quality
July 9, 2008
Swain County
DWQ Project No. 080998
US Highway 19
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
an unnamed tributary to the Tuckasegee River, for the purpose of making safety improvements to US Highway 19, near
Bryson City, in Swain County:
Stream Im acts in the Little Tennessee River Basin
Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream
Fill in Intermittent Perennial Stream Dewatering in Impact Impacts
Intermittent Stream(linear ft) (linear ft) Perennial Stream (linear ft) Requiring
Stream(linear (linear ft) Mitigation
ft) _linear ft
1 -STA. 0 0 12 100 112 0
1+35
Total 0 0 12 100 112 0
Total Stream Permanent Impact for Project: 12 linear feet. Temporary Impact for Project: 100 linear feet.
The project should be constructed in accordance with your application dated June 17, 2008 (received June 23, 2008),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock
and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work.
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.
\ None Carolina
Ntumally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. B. Setzer,P.E.
July 9, 2008 \
Page Two
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
6. 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.
7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner.that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
9. 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.
10. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. 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.
16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
17. 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.

-or, P.E.
,o8
-hree
18. 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 or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
20. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250,Raleigh,North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office_ of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
�. Coleen H. Sullins,Director
Division of Water Quality
cc: Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
David Baker,USACE,Asheville Field Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
080998(Setter)US Highway 19

Michael F.Easley,Governor
I Q,, William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
-' July 9,2008
Haywood County
DWQ Project No. 080979
NCSR 1146(Allen's Creek Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer,P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
an unnamed tributary to Browning Branch, for the purpose of making safety improvements to NCSR 1146 (Allen's
Creek Road) in Haywood County:
Stream Im acts in the French Broad River Basin
Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream
Fill in Intermittent Perennial Stream Dewatering in Impact Impacts
Intermittent Stream(linear ft) (linear ft) Perennial Stream (linear ft) Requiring
Stream(linear (linear ft) Mitigation
ft linear ft
1 -STA. 0 0 95 160 255 0
0+20 to
1+12
Total 0 0 95 160 255 0
Total Stream Permanent Impact for Project: 95 linear feet. Temporary Impact for Project: 160 linear feet.
The project should be constructed in accordance with your application dated June 2, 2008 (received June 16, 2008),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14, In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock
and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work.
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.
Nose Carolina
�turally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. B. Setzer,P.E.
July 9, 2008 \
Page Two
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or 11 (WS-I, WS-11), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
6. 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 f
following completion of construction.
7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
9. 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.
10. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. 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.
16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
17. 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.

,z.er,P.E.
A8
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18. 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 or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance;DWQ may reevaluate and modify this certification
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
20. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250,Raleigh,North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
David Baker,USACE,Asheville Field Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
080979(Setzer)NCSR 1146(Allen's Creek Road)

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
Q North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
-t Division of Water Quality
J
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 9, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7224
Mr. George W. Ware, Owner
High Country Home Care Inc.
P.O. Box 658
Newland, North Carolina 28657
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0315
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. Ware:
A review of Jonas Ridge Adult Care Facility's monitoring report for January 2008 showed the following
violation:
!f' Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 01/16/08 400#/100m1 6,000#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement 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,
Rogetr Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/DWQ Enforcement Files
Water Quality Lab&Operations Inc./ORC
G:\WPDATA\DEMWQ\Burke\60224 Jonas Ridge\NOV-2008-LV-0315.60224.doc NorthCarolma
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748
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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
pi✓ North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
111 Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 10, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Leigh W. Young
Buncombe Properties
P.O. Box 18133
Asheville, North Carolina 28814
Subject: NOTICE OF VIOLATION
NOV-2008-MV-0060
Permit No. NCO068152
Eden's Glen Mobile Village WWTP
Buncombe County
Dear Mrs. Young:
A review of Eden's Glen Mobile Village WWTP's monitoring report for February 2008 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine 02/02/2008 2X/week Failure to monitor twice
weekly
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it
should have been marked"Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500.
Sincerely,
c= '
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
DWQ Bob Guerra/Enforcement Files
Environmental Inc./ORC
G:\WPDATA\DEMWQ\Buncombe\68152 Eden's Glen MHP\NOV-2008-MV-0050.68152.doc NoorthCarolina
Naturallff
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nowaterguality.org FAX [phone] 1-877-623-6748

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
l� Coleen H.Sullins,Director
Division
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 10, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. George W.Ware, Owner
High Country Home Care Inc.
P.O .Box 658
Newland, North Carolina 28657
Subject: NOTICE OF VIOLATION
NOV-2008-MV-0051
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. Ware:
A review of Jonas Ridge Adult Care Facility's monitoring report for February 2008 showed the following
violation:
Date Measuring Violation
Parameter Frequency
Total Residual Chlorine 02/02/2008 2 X/Week Failure to monitor twice
weekly
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations.and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate
to contact Janet Cantwell or me at 828/296-4500,
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/Enforcement Files
Water Quality Lab &Operations/ORC
G:\WPDATA\DEMWQ\Burke\60224 Jonas Ridge\NOV-2008-MV-0051.60224.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
v North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
® Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 11, 2008
Michael Anderson
Clay County Water & Sewer District
PO Box 838
Hayesville NC 28904
SUBJECT: Compliance Evaluation Inspection
Hayesville WWTP
Permit No: NCO026697
Clay County
Dear Mr Anderson:
Enclosed please find a copy of the Compliance Evaluation Inspection report from
the inspection conducted on May 16, 2008 by Jeff Menzel of the Asheville Regional
Office. The facility was found to be in Compliance with permit NC0026697.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500
Sincer*nzel
Jeff M
Enclosure
cc: Jeffery Matthew Kimsey, ORC
Central Files
Asheville Files
Noe Carolina
tur al&&
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748
G:\WPDATA\DEMWQ\CLAY\26697 Hayesville WWTP

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 U5 31 NCO026697 Ill 121 08/05/16 117 181 Cl 19I SI 20I
Remarks
211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------—------------Reserved----------------------
67 I 169 70 L) 71 UI 72)N I 73�74 751 I I I I I I 180
!— Section B: Facility Data �--
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:00 AM 08/05/16 08/02/01
Hayesville WWTP
NCSR 1300 Exit Time/Date Permit Expiration Date
Hayesville NC 28904 12:05 PM 08/05/16 12/08/31
Name(s)of Onsite Representative(s)/ritles(s)/Phone and Fax Number(s) Other Facility Data
Jeffery Matthew Kimsey/ORC/828-389-1361/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Michael Anderson,PO Box 838 Hayesville NC
28904//828-389-1361/8283891471 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Flow Measurement Operations&Maintenance ■Records/Reports
Facility Site.Review Effluent/Receiving Waters Laboratory
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date/{
Jeff Menzel'—�al� ARO WQ//828-296-4500/
/ 4
Keith Haynes 4 ARO WQ//828-296-4500/
Don Price Point Source Branch//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards " ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I N00026697 I11 12' 08/05/16 17 18'_I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
No violations of permit requirements or applicable regulations were observed during this inspection.
Page# 2

Permit: NCO026697 owner-Facility: Hayesville VVW1P
inspection Date: 05/16/2008 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ n n
Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ ❑ n
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■ ❑
Is the facility as described in the permit? ® n n n
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ■ ❑ n n
Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ ❑ ❑ ❑
Is flow meter calibrated annually? ® ❑ ❑ n
Is the flow meter operational? ® ❑ ❑ ❑
(If units are separated) Does the chart recorder match the flow meter? ■ n n ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ® ❑ ❑ ❑
Is the screen free of excessive debris? ■ ❑ n n
Is disposal of screening in compliance? ■ ❑ ❑ ❑
Is the unit in good condition? ■ ❑ n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ❑ ❑ ■ n
Is the basin free of bypass lines or structures to the natural environment? n ❑ ■ n
Is the basin free of excessive grease? ❑ ❑ ■ ❑
Page# 3

Permit: NCO026697 Owner-Facility: Hayesville WWTP
Inspection Date: 05/16/2008 Inspection Type: Compliance Evaluation \
Equalization Basins Yes No NA NE
Are all pumps present? ❑ ❑ ■ ❑
Are all pumps operable? n n ■ n
Are float controls operable? n n ■
Are audible and visual alarms operable? ❑ ❑ ■ ❑
#is basin size/volume adequate? ❑ ❑ ■ ❑
Comment: At the time of inspection the EQ basin was empty, according to the
operator the basin is only used during rain events.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ ❑ ❑
Are surface aerators and mixers operational? n n ■ ❑
Are the diffusers operational? ■ ❑ n ❑
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ ❑ ❑ ❑
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑
Are weirs level? ■ ❑ ❑ ❑
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ n ❑
Is scum removal adequate? ■ ❑ Cl ❑
Is the site free of excessive floating sludge? ■ ❑ n ❑
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ n ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) ❑ ❑ ■ ❑
Page# 4

Permit: NC0026697 Owner-Facility: Hayesville WVVrP
inspection Date: 05/16/2008 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Comment:
Disinfection-Gas Yes No NA NE
Are cylinders secured adequately? ■ L ❑ n
Are cylinders protected from direct sunlight? ■ ❑ 0
Is there adequate reserve supply of disinfectant? ■ Q Q
11
Is the level of chlorine residual acceptable? ■ 0,
Is the contact chamber free of growth,or sludge buildup? ■ 0 n 0
Is there chlorine residual prior to de-chlorination? ® ❑ ■
Cl
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? 0 ❑ ■
If yes,then is there a Risk Management Plan on site? Q ❑ ® D
If yes,then what is the EPA twelve digit ID Number?(1000 )
If yes,then when was the RMP last updated?
Comment:
De-chlorination Yes No NA NE
Type of system? Gas
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑
Is storage appropriate for cylinders? ■
#Is de-chlorination substance stored away from chlorine containers? ■ n Q .n
Comment:
Are the tablets the proper size and type? ❑ ❑ ■ Q
Are tablet de-chlorinators operational? Q 0 ■ Q
Number of tubes in use?
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ 0 ❑
Is the generator tested by interrupting primary power source? ■ 0 ❑ Q
Is the generator tested under load? ❑ Q ❑
Was generator tested&operational during the inspection? n Q Q ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ Q ■
Page# 5

Permit: NC0026697 Owner-Facility: Hayesville VWVfP
Inspection Date: 05/16/2008 Inspection Type: Compliance Evaluation
Standby Power Yes No NA NE
Is the generator fuel level monitored? ® ❑
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? Q
In
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ 00
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■
Comment:
Page# 6

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
S' Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 11, 2008
Scott Lookado
City of Morganton
PO Box 3448
Morganton,NC 28680-3448
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Morganton City-Warehouse and Garage
Permit No: NCGO80724
Burke County
Dear Mr. Lookadoo:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
July 9, 2008. The.facility was found to be in compliance with permit NCG080724.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828) 296-4664 or [e-mail], if I can be of any further
-� assistance.
Sincerely, ,
Chuck Cranford
Enclosure
cc: Central Files
Asheville Files
o eh Carolina
NNaturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMW Q\Stormwater\TEMPLATES\InspectionLetters\CEI_Chuck.doc

Compliance Inspection Report
Permit: NCG080724 Effective: 11/01/07 Expiration: 10/31/12 Owner: City of Morganton
SOC: Effective: Expiration: Facility: Morganton City-Warehouse and Garage
County: Burke 97 Kirk St
Region: Asheville
Morganton NC 286803448
Contact Person: Scott Lookado Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 07/09/2008 Entry Time: 11:15 AM Exit Time: 12:15 PM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil
Water Separator Stormwater Discharge COC
Facility Status: ■Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG080724 Owner-Facility:City of Morganton
Inspection Date: 07/09/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Scott Lookadoo and Jack Parks. A tour was conducted of the exterior of the facility,
observing the stormwater conveyances and outfalls and site conditions. During the visit, the SPPP manual was reviewed,
operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as
pertaining to the most recent permit version, dated November 1, 2007. At the time of the inspection the site was found to
be in compliance with the permit.
Several items were noted during the visit:
-The site plan was inadequate. Drainage areas and outfalls need to be identified and mapped.
- Electrical components stored on site and exposed to weather should be covered if possible and monitored frequently for
leakage of fluids.
-Vegetation should be established on areas of unstable soils to prevent erosion and sediment loss.
- Record-keeping of training, inspections and monitoring should be improved.
-Floor drains in the garage should be modified or specific floor cleaning practices implemented to prevent possible
stormwater contamination.
Page: 2

Permit:NCG080724 Owner-Facility:City of Morganton
Inspection Date:07/09/2008 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 ❑ 0
#Does the Plan include a General Location(USGS)map? ■ ❑ E
#Does the Plan include a"Narrative Description of Practices"? ® n E) Q
#Does the Plan include a detailed site map including outfall locations and drainage areas? 0 ■ h Q
#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? ■ ❑ 0 13
#Does the facility provide all necessary secondary containment? ■ Q C3
#Does the Plan include a BMP summary? ■ ❑ El Q
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ Q 0
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ n 0
#Does the facility provide and document Employee Training? ❑ ■ ❑ Q
#Does the Plan include a list of Responsible Party(s)? ® ❑ ❑ Q
#Is the Plan reviewed and updated annually? ■ Q ❑ n
#Does the Plan include a Stormwater Facility Inspection Program? ■ D Q
Has the Stormwater Pollution Prevention Plan been.implemented? ■ n ❑ 01
Comment: Site plan needs to be updated. Better documentation of training and
inspection records should be implemented.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑
Comment: Due to the drought and unfamiliarity with the permit, records of monitoring
were absent.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? 0000
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Q n ■ ❑
Comment: Oil use less than 55 gallons/month.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 0 00
#Were all outfalls observed during the inspection? ■ Q Q Q
#If the facility has representative outfall status, is it properly documented by the Division? ❑ Q ■ ❑
#Has the facility evaluated all illicit(non stormwater)discharges? ■ 0 ❑ 0
Page: 3

Permit: NCG080724 Owner-Facility: City of Morganton
Inspection Date: 07/09/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Comment: �\
Page: 4

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 11, 2008
Gary Propst
Molded Fiber Glass Companies
213 Reep Drive
Morganton,NC 28655
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Molded Fiber Glass Companies
Permit No: NCG050240
Burke County
Dear Mr. Propst:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
July 9, 2008. The facility was found to be in compliance with permit NCG050240.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at [phone] or [e-mail], if I can be of any further
assistance.
Sincerely,
t�
Chuck Cranford
Enclosure
cc: Central Files
Asheville Files
NorthCarolina
Naturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Stormwater\TEMPLATES\InspectionLetters\CEI Chuck.doc
11.

Compliance Inspection Report
Permit: NCG050240 Effective: 05/01/03 Expiration: 04/30/08 Owner: Molded Fiber Glass Comp
SOC: Effective: Expiration: Facility: Molded Fiber Glass Comp
County: Burke 213 Reep Dr
Region: Asheville
Morganton NC 28655
Contact Person: Gary Propst Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 07/09/2008 Entry Time: 10:00 AM Exit Time: 11:00 AM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater
Discharge COC
Facility Status: 0 Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG050240 Owner-Facility:Molded Fiber Glass Comp
Inspection Date: 07/09/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary: �.
DWQ staff was met on site by Gary Propst. A tour was conducted of the exterior of the facility, observing the stormwater
conveyances and outfalls and site conditions. During the visit, the SPPP manual was reviewed, operational activities and
existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to the most recent
permit version, dated June 1, 2008. At the time of the inspection, the site was found to be in compliance with the permit.
The inspector noted that the facility appears to maintain good housekeeping practices and records were found to be in
good order.
Two noteworthy items were indicated during the visit:
-Erosion was occurring from unstable soils on the site. Temporary measures should be installed, such as erosion control
matting or blankets, until permanent groundcover can be established.
-To reduce stormwater exposure, roof structures could be utilized at certain locations on the site.
Page: 2

Permit:NCG050240 Owner-Facility: Molded Fiber Glass Comp
Inspection Date:07/09/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑
#Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑
• #Does the Plan include a"Narrative Description of Practices"? ® ❑ ❑ ❑
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ In ❑
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑
#Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑
#Does the facility provide all necessary secondary containment? ■ ❑ n n
#Does the Plan include a BMP summary? ■ o o n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ ❑
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑
#Does the facility provide and document Employee Training? ■ ❑ ❑ n
#Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑
#Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑
#Does the Plan include a Stormwater Facility.Inspection Program? ■ ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ❑ ■ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑
#Were all outfalls observed during the inspection? ■ ❑ ❑ ❑
#If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑
#Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ 110
Comment:
Page: 3

� \
/✓i
"/

u
Michael F.Easley,Governor
r William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
.AdarColeen H.Sullins,Director
'-; Division of Water Quality
J "C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7248
Mr. John McCracken
Haywood County Board of Education
1230 N. Main Street
Waynesville, North Carolina 28786
Subject: NOTICE OF VIOLATION
NOV-2008-MV-0054
Permit No. NCO067351
Bethel School WWTP
Haywood County
Dear Mr. McCracken:
A review of Bethel School WWTP's monitoring report for February 2008 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine 02/02/2008 2 X/Week Failure to monitor twice
weekly
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
a
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ Enforcement Files
Environmental Inc./ORC
G:\WPDATA\DEMWQ\Haywood\67351 Bethel School\NOV-2008-MV-0054.67351.doc Nor hCarolina
Vatmrally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateMuality.oW FAX [phone] 1-877-623-6748

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
QG North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
jjj Division of Water Quality
J Y
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7255
Mr. Don Smith, Coordinator/Facilities Maint SMC
Evergreen Foundation
P.O. Box 127
Sylva, North Carolina 28779
Subject: NOTICE OF VIOLATION
NOV-2008-MV-0055
Permit No. NCO032361
The Balsam Center for Hope & Recovery
Wastewater Treatment Plant
Haywood County
Dear Mr. Smith:
A review of The Balsam Center for Hope& Recovery's monitoring report for February 2008 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine 02/02/2008 2 X/Week Failure to monitor twice
weekly
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/Enforcement Files
Environmental Inc./ORC
G:\WPDATA\DEMWQ\Haywood\32361 The Balsam Center\NOV-2008-MV-0055.32361.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748
�p0

Michael F.Easley,Governor
�Q William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
.--{ Division of Water Quality
J "C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7262
Ms. Marlene L.Able
Midway Medical Center
P.O. Box 1409
Canton, North Carolina 28716
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0325
Permit No. NCO022454
Midway Medical Center WWTP-Canton
Haywood County
Dear Ms. Able:
A review of Midway Medical Center-Canton's monitoring report for April 2008 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total (as 04/30/08 6 mg/I 7.25 mg/1 Monthly Average
N) Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ Enforcement Files
James &James Environmental Mgmt./ORC.
G:\WPDATA\DEMWQ\Haywood\22454 midway Medical Center\NOV-2008-LV-0325.22454.doc NorthCarolma
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748
0

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
Q North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
r■.�� r Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7231
Mr. John Carr Francis
201 Freeman Road
Waynesville, North Carolina 28786
Subject: NOTICE OF VIOLATION
NOV-2008-M V-0053
Permit No. NCO030422
Green Valley Mobile Home Park WWTP
Haywood County
Dear Mr. Francis:
A review of Green.Valley Mobile Home Park's monitoring report for February 2008 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine 02/02/2008 2 X/Week Failure to monitor twice
weekly
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have.any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
a
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/ Enforcement Files
Environmental Inc./ORC
G:\WPDATA\DEMWQ\Haywood\30422 Green Valley MHP\NOV-2008-MV-0053.30422.doc No'thCarolina
Naturally
930
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
I FAX [phone] 1-877-623-6748
nternet: www.ncwaterguality.org

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STAFF REPORT
TO: Anita E. Reed, PE; CG & L
FROM: Roy Davis, ARO
DATE: July 14, 2008
SUBJECT: Flue Gas Desulfurization WWTP
Duke Energy Cliffside
NPDES Permit Number NC0005088
Rutherford County
This project presents a new process to treat the wastewater that will result from
construction of a Flue Gas Desulfurization (FGD) system at Duke Energy's
Cliffside Steam Station. The process will utilize the physical-chemical approach
to treatment of the expected wastewater and will in general consist of:
Equalization Tank
Reaction Tank
Clarifier
• Effluent Filters
J' . Filter Presses
Maintenance Tank
Appurtenant Pumps and Piping
Treatment of this particular type of wastewater has been an evolutionary
experience for the Company as it has gone through the process of providing
FGD wastewater treatment at several coal fired plants. Duke Energy now
concludes that sufficient treatment is achieved by the proposed treatment
scheme.
The Asheville Regional Office is aware of no special conditions which need to be
made a part of the Authorization to Construct for the proposed wastewater
treatment system. Keith Haynes is the staff member who most recently visited
the Cliffside site. Should you need additional information, I suggest that you
give Keith a call.
Xc: Roger Edwards
Keith Haynes
Jeff Menzel
G:\WPDATA\DEMWQ\Rutherford\05088 Duke Cliffside-Staff Report 08.doc

__
��
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i���
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_,
�__�

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
1 Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 14, 2008
Donald Danford
City of Morganton
PO Box 3448
Morganton NC 286559850
SUBJECT: Compliance Evaluation Inspection
Catawba River Pollution Control Facility
Permit No: NCO026573
Burke County
Dear Mr. Danford:
Enclosed please find a copy of the Compliance Evaluation Inspection report from
the inspection conducted on June 24, 2008. Jeff Menzel and Don Price of the Asheville
Regional Office conducted the Compliance Evaluation Inspection. The facility was found
to be in Compliance with permit NC0026573. It is recommended that the facility maintain
documentation_of flow meter calibration on site. The facility is required to submit the
proper flow data with a written request to continue sampling a constant time/constant
volume composite sample.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Jeremy Edward Rees, ORC
Central Files
Asheville Files
No diCarolina
aturally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748
G:\WPDATA\DEMWQ\Burke\26573 Morganton WWTP

United States Environmental Protection Agency Form Approved.
P/'1 Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I j 2 151 31 NCO026573 111 12I 08/06/.24 117 18I Cl 191 cI 201
J Remarks J L— LJ
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA ---------------------------Reserved----------------------
67 I j 69 701 3' 71 I I 72 I N I 73 Lw' 174 751 I I I I I I 180
Section 13: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:15 AM 08/06/24 06/02/01
Catawba River Pollution Control Facility
1000 vine Arden Rd Exit Time/Date Permit Expiration Date
Morganton NC 28680 11:00 AM 08/06/24 10/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Jeremy Rees//828-438-5375 /
Jeremy Edward Rees/ORC/828-438-5375/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Donald Danford,PO Box 3448 Morganton NC 286559850//828-438-5285/
Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement Operations&Maintenance 0 Records/Reports
Self-Monitoring Program N Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel I--, ARO WQ//828-296-4500/ /,���
Don Price Point Source Branch//828-296-4500/ `'7 JIB
Signature of Management 0 A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) i
3� NCO026573 I11 12I 08/06/24 I17 18UC
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The facility was advised to maintain some proof of flow meter calibration on site for verification during
inspection. At this time these records are at city hall Mr. Rees will be faxing this office a copy of invoices
confirming calibration of flow meters.
At the time of inspection the facility was conducting their effluent composite sampling on a timed basis. This
method may only be used in situation where effluent flow rates vary less than 15%. Use of this method
requires prior approval by the director. The facility was advised to submit the proper data for approval for a
constant time/constant volume composite sample.
Page# 2

Permit: NCO026573 Owner-Facility: Catawba River Pollution Control Facility
Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? m n 13 Q
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge ■ Q 0 ❑
Judge,and other that are applicable?
Comment: Plant housekeeping was in good order
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ n 0
Is the facility as described in the permit? n n n
#Are there any special conditions for the permit? 0000
Is access to the plant site restricted to the general public? Q Q 0
Is the inspector granted access to all areas for inspection? ■ ❑ Q n
Comment:
Pump Station-Influent Yes No NA NE
Is the pump wet well free of bypass lines or structures? 0 0 n
Is the wet well free of excessive grease? ■ n n n
Are all pumps present? n ❑ n
Are all pumps operable? n n n
Are float controls operable? n n n
Is SCADA telemetry available and operational? n 0 n
000
Is audible and visual alarm available and operational? n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual n
b.Mechanical
Are the bars adequately screening debris? n n ❑
Is the screen free of excessive debris? 0011
Is disposal of screening in compliance? ❑ 00
Is the unit in good condition? n 00
Comment:
Effluent Pipe Yes No NA NE
Page# 3

Permit: NC0026573 Owner-Facility: Catawba River Pollution Control Facility
Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation \
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ ■
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ ■
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ ❑ ❑ ❑
Is flow meter calibrated annually? ■ ❑ ❑ In
Is the flow meter operational? ■ ❑ ❑ ❑
(If units are separated)Does the chart recorder match the flow meter? ❑ ❑ ■ ❑
Comment: There was no calibration date sticker on the effulent flow meter. Mr. Rees
was advised to keep calibration records on site.
Primary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑
Are weirs level? ■ ❑ ❑ ❑
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ ❑ ❑ ❑
Is the drive unit operational? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ■ ❑ ❑ ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑
Are weirs level? ■ ❑ ❑ ❑
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ ❑ ❑ ❑
Page# 4

Permit: NCO026573 Owner-Facility: Catawba River Pollution Control Facility
Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of excessive floating sludge? ® ❑ ❑ Q
Is the drive unit operational? ® Q ❑ 0
Is the return rate acceptable(low turbulence)? ® n ❑ Q
Is the overflow clear of excessive solids/pin floc? ■ O
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ® 0 0 ❑
Comment:
Pure Oxygen Yes No NA NE
Type of pure oxygen system
Is there a back-up source for the system? ■ 0 0 ❑
Are mixers operational? ® ❑ 0 Q
Are samples port/points easily accessible? ® 0 Q
Comment:
Disinfection-Gas Yes No NA NE
Are cylinders secured adequately? • Cl Cl 0
Are cylinders protected from direct sunlight? ® ❑ ❑ Q
Is there adequate reserve supply of disinfectant? ❑
Is the level of chlorine residual acceptable? ❑ Q ❑
Is the contact chamber free of growth,or sludge buildup? ❑ Q Q
Is there chlorine residual prior to de-chlorination? 11 El
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.77U-50-5)? n 0 Cl
If yes,then is there a Risk Management Plan on site? ■ Q 0 Q
If yes,then what is the EPA twelve digit ID Number?(1000-_ ) 0001 4067
If yes,then when was the RMP last updated? 12/05/2007
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ❑ ❑ E ❑
Is the generator tested by interrupting primary power source? ❑ 0 0 0
Is the generator tested under load? 00 0
Was generator tested&operational during the inspection? Q Q Q
Do the generaior(s)have adequate capacity to operate the entire wastewater site? 0 0 0 ❑
Page# 5

Permit: NCO026573 Owner-Facility: Catawba River Pollution Control Facility
Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Standby Power Yes No NA NE \
Is there an emergency agreement with a fuel vendor for extended run on back-up power? 0.0 ■ ❑
Is the generator fuel level monitored? ❑ ❑ ■
Comment: Facality power is coming in from two different sources, back-up generators
De-chlorination Yes No NA NE
Type of system? Liquid
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ Cl ❑
Is storage appropriate for cylinders? ■ ❑ ❑ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? ❑ ❑ ■ ❑
Are tablet de-chlorinators operational? ❑ ❑ ■ ❑
Number of tubes in use?
Comment:
Pumps-RAS-WAS Yes No NA NE
Are pumps in place? ■ ❑ ❑ rl
Are pumps operational? ■ ❑ ❑ ❑
Are there adequate spare parts and supplies on site? ■ ❑ r1 ❑
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑
Is all required information readily available,complete and current? ■ ❑ ❑ ❑
Are all records maintained for 3 years(lab.reg. required 5 years)? ■ ❑ Cl ❑
Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑
Is the chain-of-custody complete? ■ ❑ ❑ ❑
Dates,times and location of sampling ■
Name of individual performing the sampling ■
Results of analysis and calibration ■
Dates of analysis ■
Name of person performing analyses ■
Transported COCs ■ '
Page# 6

Permit: NCO026573 Owner-Facility: Catawba River Pollution Control Facility
Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation
Record Keeping
Yes No NA NE
Are DMRs complete:do they include all permit parameters? ■ ❑ 0 0
Has the facility submitted its annual compliance report to users and DWQ? ■ n 0 Ci
(If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ C1 ❑ 0
Is the ORC visitation log available and current? ® 0
Is the ORC certified at grade equal to or higher than the facility classification? ® fl ❑ Q
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ Q
Is a copy of the current NPDES permit available on site? ■ n 0 0
Facility has copy of previous year's Annual Report on file for review? ■ ❑ Q 0
Comment:
Page# 7

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
QG North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins,Director
Division of Water Quality
JG3
O c
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7286
Mr. Larry Pitt
Nantahala Outdoor Center
13077 Hwy 19 W
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0330
Permit No. NCO057193
Nantahala Outdoor Center WWTP
Swain County
Dear Mr. Pitt:
A review of Nantahala Outdoor Center's monitoring report for January 2008 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended 01/03/08 45 mg/I 67.5 mg/I Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of State
law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bob Guerra/DWQ Enforcement Files
Lance Ingram/ORC
G:\WPDATA\DEMWQ\Swain\57193 Nantahala Outdoor Center\NOV-2008-LV-0330.57193.doc NooAbCarolina
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North Carolina Division of Water Quality. 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
GNorth Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7279
Mr. James Schenker, Environmental Associate
TA Operating Corporation
24601 Center Ridge Road
Westlake, Ohio 44145-5334
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 NCO085952
TA Operating Corporation
Candler Travel Center WWTP
Case No. LV-2008-0241
Buncombe County
Dear Mr. Schenker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,265.00 ($1,200.00 civil penalty+ $65.00 enforcement costs) against TA Operating Corporation.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by TA Operating Corporation for the month of March 2008.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in
March 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated
the terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against TA Operating Corporation:
NorthCarotina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

1 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. \
$150.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
2 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$375.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$375.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS.
$1,200.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$1,265.00 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
Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted,and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings

accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for' ,
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result.in this matter being
referred to the Attorney General's Office.for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4667.
Sincerely,
�,A
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerrra/Enforcement File w/attachments
James & James Environmental/ORC w/attachments
GAWPDATA\DEMWQ\Buncombe\85952 Candler Travel Center\LV-2008-0241.85952.CandlerTravel.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2008-0241 County: Buncombe
Assessed Party: TA Operating Corporation/Candler Travel WWTP
Permit No.: NCO085952 Amount Assessed: $1,265.00
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:
l

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME .
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
TA OPERATING CORPORATION/ )
CANDLER TRAVEL WWTP )
PERMIT NO. NCO085952 ) FILE NO. LV-2008-0241
Having been assessed civil penalties totaling$1,265.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 14, 2008, 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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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins.Director
Division of Water Quality
'C
Asheville Regional Office
SURFACE WATER PROTECTION
July 15, 2008
Mr. Darhyl Boone, Town Manager
Town of Mars Hill
Post Ofice Box 368
Mars Hill, North Carolina 28754-0368
SUBJECT: Outfall Sewer Project
Town of Mars Hill
Wastewter Collection System
Permit No: WQCS00201
Madison County
Dear Mr. Boone:
It is my understanding that the Town of Mars Hill may have the opportunity to seek
funding to assist in the replacement of the outfall sewer leading from the area of Mars Hill
College's tennis courts to the Town's wastewater treatment plant. I encourage the Town
-� to pursue such funding. This line conveys practically all the Town's collected sewage and
is in need of replacement. The present 10, inch diameter sewer was constructed of
terracotta which, due to cracking with age, is not now amenable to cleaning with modern
sewer cleaning equipment. The line is exposed in some places and has sagged in
others.
I wish the Town success in its endeavors to replace its outfall. Should I be able to assist
in this matter, please do not hesitate to call
Sincerely,
Roy M. avis
Environmental Engineer
Enclosure
cc: Robert'Sams, ORC
Keith Webb, McGill Associates
Surface Water Protection Central Files
Asheville Files
G:\WPDATA\DEMWQ\Madison\Mars Hill Collection System\Trunk Line Project.08.doc N°oehCarolina
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2090 U.S.Highway 70, Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Ceen H.Sullins.Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Mr. Robert Boyette, City Manager
City of Marion
Post Ofice Drawer 700
Marion, North Carolina 28752-0700
SUBJECT: Hospital Pump Station Project
City of Marion
Wastewater Collection System
Permit No: WQCS00075
McDowell County
Dear Mr. Boyette:
I've been informed that the City of Marion is seeking funding to replace the Hospital
Sewage Pumping Station, which has been serving the City for a long while. It falls short
of meeting the design standards for a modern sewage pumping station. Our records
indicate that a sanitary sewer overflow (SSO) occurred on March 29, 2006 at this location
resulting from a split in the force main.
I support this project and wish the City success in its endeavors to replace the Hospital
Sewage Pumping Station. Should I be able to assist in this matter, please do not hesitate
to call.
Sincerely,
�
Roy M. Davis
Environmental Engineer
Enclosure
cc: Mike Waresak, McGill Associates
Surface Water Protection Central Files
Asheville Files
G
G:\WPDATA\DEMWQ\Mcdowell\Marion Collection System\Hospital Pump Station Project.08.doc one
NorthCarolina
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2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
r Coleen H.Sullins,Director
Division
� Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Chris Lemaster------- — - --- __ __ -- --_-__ ___ __ -._____
Packaging Corp of America
114 Dixie Blvd.
Morganton,NC 28680
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Packaging Corporation Of America
Permit No: NCG050220
Burke County
Dear Mr. Lemaster:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
July 15, 2008. The facility was found to be in compliance with permit NCG050220.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at(828) 296-4664 or chuck.cranfordna,ncmail.net, if I can be of any further
assistance.
Sincerely,
Chuck Cranford
Enclosure
cc: Central Files
Asheville Files
No thCarolina
Naturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEM W Q\Stormwater\TEMPLATES\InspectionLetters\CEI_Chuck.doc

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Compliance Inspection Report
Permit: NCG050220 Effective: 05/01/03 Expiration: 04/30/08 Owner: Packaging Corp of America
SOC: Effective: Expiration: Facility: Packaging Corporation Of America
114 Dixie Blvd
County: Burke
Region: Asheville
Morganton NC 28680
Contact Person. Chris Lemaster Title:_ Phone:[phone]
Directions to Facility:
1-40 East. Exit 100. LEFT off exit. Several miles then past Jamestown Flea Market LEFT Dixie Blvd. 1st biz on RIGHT.
System Classifications:
Primary ORC• Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 07116/2008 Entry Time: 11:00 AM Exit Time: 12:00 PM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater
Discharge COC
Facility Status: ■Compliant 0 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG050220 Owner-Facility: Packaging Corp of America
Inspection®ate: 07/15/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Chris Lemaster, Scott Readling and others. A tour was conducted of the exterior of the
facility, observing the stormwater conveyances and outfalls and site conditions. During the visit,the SPPP manual was
reviewed, operational activities and existing stormwater exposures were discussed. Permit requirements were also
reviewed as pertaining to the most recent permit version, dated June 1, 2008. At the time of the inspection the site was
found to be in compliance with the permit. The inspector noted that the facility appears to maintain good housekeeping
practices and records were found to be in good order.
Several noteworthy items were identified during the visit:
The Site Plan needs to reflect all outfalls identified during the site visit: five total.
The connection of two stormwater inlets/conveyances should be determined:the loading dock off the southwest of the
building and the round-covered inlet along the northeast rail spur.
The SPPP should be updated to reflect requirements of the revised NCG05 permit.
-Housekeeping improvement possibilities included litter collection/management, especially along western property
boundary stormwater ditch.
-Utilizing roof structures to reduce stormwater exposure was recommended where possible(e.g., materials stored
exterior to the building and shop-waste dumpster).
-Sediment loss was occurring, especially in the East-Southeast quadrant of the property. Erosion control measures were
recommended.
Page: 2

Permit:NCG050220 Owner-Facility: Packaging Corp of America
Inspection Date: 07/15/2008 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? ® Q ❑ n
_ #_Does the_P_lan include a"Narrative_Description of.Practices_"? n ❑ n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n
#Does the Plan include a list of significant spills occurring during the past 3 years? ® n n n
#Has the facility evaluated feasible alternatives to current practices? ■ n ❑ n
#Does the facility provide all necessary secondary containment? ® ❑ ❑ n
#Does the Plan include a BMP summary? ■ Q Q .O
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ n n
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ® n Q 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? ® ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented? ® n ❑ Q
Comment:
Yes No NA NE
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ Cl ❑
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ❑ ■ n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n ❑ n
#Were all outfalls observed during the inspection? ■ n n n
#If the facility has representative outfall status, is it properly documented by the Division? n ❑ ■ n
#Has the facility evaluated all illicit(non stormwater)discharges? ■ n n n
Comment:
Page: 3

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
y' Coleen H.Sullins.Director
=i Division of Water Quality
'C
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Mr. Robert Cagle, Jr., Mayor
Town of Robbinsville
Post Office Box 129
Robbinsville, North Carolina 28771
SUBJECT: Wastewater Treatment Plant Expansion
Town of Robbinsville
NPDES Permit Number NCO025879
Graham County
Dear Mr. Cagle:
I've been informed that the Town of Robbinsville is seeking funding to design and
construct a new wastewater treatment plant. I am in favor of such a project and wish you
success in arranging funding. The rate at which the volume of wastewater being treated
is increasing give time for an orderly process of planning, designing and constructing a
new, larger treatment plant. The present plant is located on a very restrictive piece of
land. A new plant on a larger piece of land will'give the Town the option of utilizing a
receiving stream having a greater 7-day, 10-year low flow than does the present receiving
stream.
Again, I wish you success in your endeavors to secure funding for the Robbinsville
Wastewater Treatment expansion. Should I be able to assist in this matter, please do not
hesitate to call.
Sincerely,
Roy M. avis
Environmental Engineer
cc: Mike Waresak, McGill Associates
Keith Haynes
Surface Water Protection Central Files
Asheville Files
G:\WPDATA\DEMWQ\Graham\Robbinsville Collection System\Robbinsville-WWTP Expansion.08.doc
NorthCar,ii.a
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2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: [phone] Fax:[phone] Customer Service 1 877 623-6748

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins.Director
r—� Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Mr. Charles R. Summey, Town Manager
Town of Forest City
Post Office Box 728
Forest City, North Carolina 28043
SUBJECT: Bracketts Creek Sewer Project
Town of Forest City
Wastewater Collection System
Permit No: WQCS00050
Rutherford County
Dear Mr. Summey:
I've been informed that the Town of Forest City is seeking funding to replace a portion of
the Bracketts Creek Outfall. I am also told that you have interest in upgrading the
Brackett Creek Sewage Pumping Station should funds be available. I am in favor of
these projects and wish the Town success in its attempt to arrange funding. The existing
concrete Bracketts Creek Outfall has suffered deterioration as a result of the presence of
corrosive gases. In fact the Town of Forest City, utilizing its own funds, has already
replaced the most severely deteriorated section of the sewer. The age of the Bracketts
Creek Sewage Pumping Station advises in favor of the replacement of pumps and valves.
The valves cannot now be trusted to hold. Experience has shown me the severe
problems which can result when pulling pumps at a station whose isolation valves do not
work properly.
Again, I wish the Town success in its endeavors to secure funding for the Bracketts Creek
Sewer project. Should I be able to assist in this matter, please do not hesitate to call.
Sincerely,
1
RoynMavis
Environmental Engineer
cc: Mike Waresak, McGill Associates
Surface Water Protection Central Files
Asheville Files
GAWP DATA\DEMWQ\Rutherford\Forest City Collection System\Forest City-Brackett Creek Sewer.08.doc one
NorthCarolina
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2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax: [phone] Customer Service 1 877 623-6748

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins.Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Mr. Sam Greenwood, Town Manager
Town of Franklin
188 West Main Street
Franklin, North Carolina 28734
SUBJECT: Crawford Branch Sewer Project
Town of Franklin
Wastewater Collection System
Permit No: WQCS00101
Macon County.
Dear Mr. Greenwood:
I've been informed that the Town of Franklin is seeking funding to replace the Crawford
Branch Sewer. I am in favor of this project and wish the Town success in its attempt to
arrange funding. I have had extensive involvement in regards to this sewer. The Town of
Franklin was experiencing sanitary sewer overflows (SSO's) from the Crawford Branch
Sewer when I first came to work in State government and they continue to exist through
today. One of the problems associated with the present Crawford Branch Sewer is a low
gradient at its lower end, which causes sewer solids to accumulate in this segment, which
leads to blockages. Modern material and construction techniques will substantially
reduce infiltration and inflow.
Again, I wish the Town success in its endeavors to replace the Crawford Branch Sewer.
Should I be able to assist in this matter, please do not hesitate to call.
Sincerely„
Y \ ^
Roy M. bavis
Environmental Engineer
cc: Mike Waresak, McGill Associates
Surface Water Protection Central Files
Asheville Files
G:\WPDATA\DEMWQ\Macon\Franklin Collection System\Franklin-Crawford Branch Sewer.08.doc ol
NprthCarolina
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2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

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William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins.Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Mr. ®arhyl Boone, Town Manager
Town of Mars Hill
.Post Ofice Sox 368
Mars Hill, North Carolina 28754-0368
SUBJECT: Outfall Sewer Project
Town of Mars Hill
Wastewater Collection System
Permit No: WOCS00201
Madison County
®ear Mr. Boone:
It is my understanding that the Town of Mars Hill may have the opportunity to seek
funding to assist in the replacement of the outfall sewer leading from the area of Mars Hill
College's tennis courts to the Town's wastewater treatment plant. I am in favor of such a
project and encourage the Town to pursue funding. This line conveys practically all the
Town's collected sewage and is in need of replacement. The present 10 inch diameter
- sewer was constructed of terracotta which, due to cracking with age, is not now amenable
to cleaning with modern sewer cleaning equipment. The line is exposed in some places
and has sagged in others. The present outfall runs parallel to Gabriel Creek. Fecal
coliform data resulting from the analysis of water samples taken from Gabriel Creek
causes one to wonder if the present outfall is leaking.
wish the Town success in its endeavors to replace its outfall. Should I be able to assist
in this matter, please do not hesitate to call
Sincerely,
1 �
Foy M. avis
Environmental Engineer
Enclosure
cc: Robert Sams, ORC
Keith Webb, McGill Associates
Surface Water Protection Central Files
Asheville Files
NorthCarolina
2090 U.S.Highway 70,Swannanoa, NC 28773 Telephone:[phone] Fax: [phone] Customer Service 1 877 623-6748

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins.Director
Division of Water Quality
"C
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Mr. Larry F. Callicutt, Town Manager
Town of Bryson City
Post Office Box 726
Bryson City, North Carolina 28713
SUBJECT: Tuckaseigee River Outfall Project
Town of Bryson City
Wastewater Collection System
Permit No: WQCS00170
Swain County
Dear Mr. Callicutt:
I am told that the Town of Bryson City is seeking funding to replace a portion the
Tuckaseigee River Outfall and one of the Town's sewage pumping stations. I am in favor
of this project and wish the Town success in its attempt to arrange funding. The present
Tuckaseigee River Outfall has reached the end of its useful life. It is under sized and
exposed in some locations. Joints in the existing terracotta line are evidently failing for
the reason that study has revealed the line to be subject to Infiltration and Inflow.
Modern material and construction techniques will substantially reduce Infiltration and
Inflow.
wish the Town success in its endeavors to replace a portion of the Tuckaseigee River
Outfall and one of the Town's sewage pumping stations. Should I be able to assist in this
matter, please do not hesitate to call.
Sincerely,
Roy M. vis
Environmental Engineer
cc: Mike Waresak, McGill Associates
Surface Water Protection Central Files
Asheville Files
G:\WPDATA\DEMWQ\Swain\Bryson City Collection System\Bryson City, Sewer Project.08.doc
NorthCarolina
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2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
J
�y Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Edgar B. Shope
756 Wayah Road
Franklin,NC 28734
Rainbow Springs Partnership
Charles D. Owen, Jr.
7 Greenwood Road
Asheville,NC 28803
SUBJECT: Sediment Removal Plan Review
NOV-2008-SS-0019
Macon County
Dear Messrs. Shope and Moore:
The Division of Water Quality has received correspondence in response to the NOV no above;
including, a proposed Sediment Removal Restoration Plan from Fish and Wildlife Associates, Inc.
This letter requests additional information prior to approval of sediment removal efforts.
The following items are required to be included in the Plan:
1. A sediment impact summary; including,the depth and extent of sediment discharged to
Moore Creek and the Nantahala River.
2. Areas of sediment removal must be identified and depicted on a map with corresponding
photographs. At a minimum, stream channel photographs should be collected at 100-foot
intervals.
3. Turbidity reduction measures must be utilized downstream of the work area.
4. Utilization of vacuum actuated sediment removal technology must be evaluated. This is in
consideration of the Outstanding Resource/Trout water classification of Moore Creek.
5. A timeline for initiation and completion of sediment removal/restoration efforts.
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this letter. Your
response should be sent to both to the attention of Chuck Cranford,Division of Water Quality, NOne
ortr
hCarolina
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2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Macon\Complaints\RainbowSprings\RestorationPlanResponse_7-15-08.doc

Messrs. Shope and Moore Page 2
July 16,2008
2090 US HWY 70, Swanannoa, NC 28778 and to the attention of Mr. John Hennessy at the �\
Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh,NC 27699-1617.
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 response to this correspondence will be
considered in this process. Violations related to NOV-2008-SS-0019 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 me at [phone].
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: Pam Boaze—Fish and Wildlife Associates, Inc.
Tim Moore—Rainbow Springs
ARO File Copy
DWQ Central Files
Macon County Planning

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins.Director
Division of Water Quality
C Asheville Regional Office
SURFACE WATER PROTECTION
July 16, 2008
Mr. Joe Cline; Executive Director
Tuckaseigee Water & Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
SUBJECT: Cashiers Sewerage Study
Tuckaseigee Water & Sewer Authority
Cashiers Community
NPDES Permit Number NCO063321
Jackson County
Dear Mr. Cline:
I've been informed that the Tuckaseigee Water & Sewer Authority is seeking funding to
conduct a study looking at options for providing future wastewater treatment capacity in
the Cashiers community. I am in favor of this project and wish you success in arranging
funding. The wastewater treatment plant presently serving Cashiers discharges to a
stream bearing the Outstanding Resource Water sub-classification which places severe
restriction on expansion of the present plant. It is none to soon to take an in=depth look at
options for increased wastewater treatment plant capacity as the community continues to
grow.
Again, I wish you success in your endeavors to secure funding for the Cashiers
Community Sewerage Study. Should I be able to assist in this matter, please do not
hesitate to call.
Sincerely,
Roy M.bavis
Environmental.Engineer
cc: Mike Waresak, McGill Associates
Keith Haynes
Surface Water Protection Central Files
Asheville Files
G:\WPDATA\DEMWQ\Jackson\TWSA-Cashiers Planning Grant.doc
NorthCarolina
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2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax: [phone] Customer Service 1 877 623-6748

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Michael F.Easley,Governor
Q William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
`I Coleen H.Sullins,Director
'C
Division of Water Quality
July 17,2008
Jackson County
DWQ Project No. 080996
NCSR 1165 (Garland Ashe Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer,P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
Flat Branch and in two (2) unnamed tributaries to Flat Branch, for the purpose of making improvements to NCSR 1165
(Garland Ashe Road) in Jackson County:
Stream Im acts in the Little Tennessee River Basin
FSitePermanent Streambank Permanent Fill in Temporary Total Stream Stream
Fill in Stabilization(linear Perennial Stream Dewatering in Impact Impacts
Intermittent ft) (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear (linear ft) Mitigation
ft) (linear ft
1 -STA. 0 0 45 110 155 0
1+35
2-STA. 0 0 10 70 80 0
2+45
3 -STA. 0 22 0 47 69 0
3+90 to
4+12
4—STA. 0 0 15 70 85 0
7+65
5 -STA. 0 0 75 130 205 0
18+45
Total 0 22 145 427 594 0
Total Stream Permanent Impact for Project: 167 linear feet. Temporary Impact for Project: 427 linear feet.
The project should be constructed in accordance with your application dated June 17, 2008 (received June 23, 2008),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock
and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work.
None
rthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: wwwmcwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. B. Setzer,P.E.
July 17, 2008
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.
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning ;
season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
5. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
7. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.

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15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
16. 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.
17. 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.
18. 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.
19. 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 or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
21. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250,Raleigh,North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of 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,
a
Coleen H. Sullins, Director
Division of Water Quality
cc: Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
David Baker,USACE,Asheville Field Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
080996(Setzer)NCSR 1165(Garland Ashe Road)

Michael F.Easley,Governor
QWilliam G,Ross Jr.,Secretary
lP North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
July 18, 2008
DWQ Project# 08-0929
McDowell County
Reade DeCurtins
4925 South Parview Drive
Charlotte,NC 28226
Subject Property: Old Wildlife Club Lot 54
Approval of 401 Water Quality Certification and Authorization Certificate per the Catawba River
Buffer Protection Rules(15A NCAC 2B .0243)with Additional Conditions
Dear Mr. DeCurtins:
You have our approval, in accordance with the attached conditions and those listed below,to place fill
within or otherwise impact 0.01 acres of wetlands, 0.00 feet of streams and 600 square feet(ft2)of
protected riparian buffers for the purpose of bank stabilization at the subject property, as described within
your application dated May 1,2008 and received by the N.C. Division of Water Quality (DWQ)on June
9, 2008. After reviewing your application,we have decided that the impacts are covered by General
Water Quality Certification Number(s)3693 (GC3693). The Certification(s) allows you to use Regional
Permit(s) 198200030 when issued by the US Army Corps of Engineers (USAGE). This letter shall also
act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 213 .0243. In addition,you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including(but not limited to)Erosion and
Sediment Control,Non-discharge, and Duke Power regulations. Also,this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project,you must notify us and you may be required to send us 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 fills for this project(now or in the future)exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
No ehCarolina
--- Na&ra!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
GAWPDATA\DEMWQ\Mcdowell\401 s\DeCurtins\08-0929_Approval_7-16-08.doc
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Pago.
July 18,2u,
Amount Approved(Units) Plan Location or Reference - �\
Stream 0.00 (feet)
404/CAMA Wetlands 0.00 (acres)
Waters 0.01 (acres)
"
Buffers 600 (s uare ft.)
2. Erosion& Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed,the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites,the erosion and sediment control measures must be designed,installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste,spoil, solids,or fill of any kind shall occur in wetlands,waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation,and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment&Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications,the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina
Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct

DeCurtins:
Page 3 of 3
July 18,2008
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
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.
Any disputes over determinations regarding this Authorization Certificate(associated with the approved
buffer impacts)shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you
have any questions,please telephone Amy Chapman at 919-715-6823 or Cyndi Karoly at 919-733-1786.
Sincerely,
Coleen H. Sullins,Director
CHSICBC
Enclosures: GC 3693
Certificate of Completion
cc: Tammy Ritter—Bennick Enterprises
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 08-0929_Approval_7-16-08

1
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r nmcnaet r.tasiey,vovernor
OG William G.Ross Jr.,Secretary
t7 North Carolina Department of Environment and Natural Resources
--I
�- � Coleen H.Sullins,Director
Division of Water Quality
July 21, 2008
.DWQ Project# 08-0537
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Landstar Development, LLC
Brian Hamby
17505 West Catawba Ave. Suite 350
Cornelius NC 28031
Subject Property: Landstar Development-Alpine Creek
Cranberry Creek,UT to Cranberry Creek
Watauga Basin
REQUEST FOR MORE INFORMATION
Dear Mr. Hamby:
On June 24, 2008,the Division of Water Quality (DWQ)received your application dated June
19, 2008 to impact 147 feet of streams. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore,unless we receive the additional information
requested below, we will place this project on hold as incomplete until we receive this additional
information. If we do not receive the requested information,your project will be formally
returned as incomplete. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
1. Proposed Impacts to Waters of the United States/Waters of the State:
The application request 147 feet of impacts (VI#4),however the plans submitted indicate
different linear lengths of stream impacts. It is imperative that the plans agree with the
requested impacts. Please resubmit plans that accurately reflect the impacts.
Please respond in writing within 15 calendar days of the date of this letter by sending a copy of
this information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
NorthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQWvery\Stormwater Construction NCG01\AlpineCrk-NCR000916\0n Hold Letteralpine(7-21-08).doc
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

J 'ullusldr UevemplilellL,tiipine L.reeK:
July 21,2008
and to the Asheville Regional Office at:
Linda Wiggs
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If you will not be able to provide the requested information within that timeframe,please provide
written confirmation that you intend to provide the requested information, and include a specific
timetable delineating when the requested materials will be provided. If we do not hear from you
in 15 calendar days, we will assume that you no longer want to pursue this project and we will
consider the project as returned.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized(at this time)by the DWQ. Please call Linda Wiggs at 828-296-4500 if you
have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Asheville Regional Office
Surface.Water Protection Section
cc: Asheville Regional Office
USACE Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
Central Files
Avery County Planning

michae►r.has►ey,uovemor
QG William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
06
9a�
Coleen H.Sullins,Director
Division of Water Quality
July 21,2008
DWQ Project# 07-0734
Rutherford County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Lureland Holdings, LLC
1228 E. Moorehead Street, Suite 101
Charlotte,NC 28236-6799
Subject Property: Overlook at Lake Lure
REQUEST FOR MORE INFORMATION
To Whom It May Concern:
On June 5, 2008,the Division of Water Quality(DWQ)received your application dated June 4,2008 to
impact 30 feet of streams to construct the proposed residential development. The DWQ has determined
that your application was incomplete and/or provided inaccurate information as discussed below. The
DWQ will require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. Therefore,unless we receive the additional information
requested below, we will place this project on hold as incomplete until we receive this additional
information. If we do not receive the requested information,your project will be formally returned as
incomplete. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a location map on a USGS 1:24,000 topographic map for the project.
2. Please re-submit your site plans on full plan sheets at a scale of no smaller than F'=50'.
3. Please provide cross section details showing the provisions for aquatic life passage.
4. Please provide building envelopes for all lots with wetlands,streams or buffers.
5. Please provide an inventory of proposed project impervious area based on the estimated built-out
conditions. Please include all proposed building footprints,roads, driveways, sidewalks, gravel-
surfaced areas, amenity areas, etc.
6. Please locate all isolated or non-isolated wetlands,streams and other waters of the State on the
site plan.
7. The application does not include an individual's name in the Owner/Applicant Information
section of the PCN.
NorthCarolina
Natyr'allb(
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Lul Cltlllu IIWullip,
July 21,2008
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and to the Asheville Regional Office at:
Starr Silvis
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If you will not be able to provide the requested information within that timeframe,please provide written
confirmation that you intend to provide the requested information, and include a specific timetable
delineating when the requested materials will be provided. If we do not hear from you in 30 calendar
days, we will assume that you no longer want to pursue this project and we will consider the project as
returned.
This letter only addresses the application review and does not authorize any impacts to wetlands,waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Starr Silvis at 828-296-4500 if you have any questions
regarding or would like to set up a meeting to discuss this matter.
Sincerely,
t
i
''. e�4°i e c'��2f.�✓mot � ;�
Roger C. Edwards,Regional Supervisor
Asheville Regional Office
Surface Water Protection Section
cc: Asheville Regional Office
USACE Asheville Regulatory Field Office
Cyndi Karoly,401 Permitting Unit
Central Files
G:\WPDATA\DEMWQ\Rutherford\401s\07-07340verlookatLakeLure.onhold .doc

Michael F.Easley,Governor
61 William G.Ross Jr.,Secretary
7 North Carolina Department of Environment and Natural Resources
. /►W -�
Coleen H.Sullins,Director
Division of Water Quality
July 21, 2008
DWQ Project# 08-0674
Haywood County
Craig Woolmington
Woolmington-Smith Ventures, LLC
120 Village Square Suite 100
Orinda, Ca. 94563
Subject Property: RidgeCrest
Wetland (0.07)Fill-FrB Basin
Approval of 401 Water Quality Certification
Dear Mr. Woolmington:
You have our approval, in accordance with the attached conditions and those listed below,to
place fill within or otherwise impact 0.07 acres of wetlands for the purpose of driveway
crossings at the subject property, as described within your application dated 4/9/08 and received
by the N.C. Division of Water Quality (DWQ) on 4/10/08. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number 3705
(GC0003705). The Certification allows you to use Nationwide Permit 29 when issued by the US
Army Corps of Engineers (USACE). In addition,you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project including
(but not limited to)Erosion and Sediment Control,Non-discharge, and Stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us 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 fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404/CAMA Wetlands 0.06 (acres) Wetland A
ne
404/CAMA Wetlands 0.01 (acres) Wetland B Norrthcarolina
- �a�urally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Haywood\401s\08-0674woolmington4Ol.doc
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

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Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The 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 404 or CAMA Permit.
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 the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the
Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional
Office at 828-296-4500.
Sincerely,
t Coleen H. Sullins,Director
Enclosures:. GC 3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
Haywood County Erosion Control
File Copy
Central Files

Michael F.Easley,Governor
Q William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
.� Coleen H.Sullins,Director
Division of Water Quality
July 22,2008
Henderson County
DWQ Project No. 081096
NCSR 1705 (Blythe Stepp Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J,B. Setzer,P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
two (2) unnamed tributaries to Turnbreeches Creek, for the purpose of widening and making improvements to NCSR
1705 (Blythe Stepp Road)in Henderson.County:
Stream Impacts in the Broad River Basin
Site Permanent Temporary Permanent Fill in Temporary Total Stream Stream
Fill in Dewatering in Perennial Stream Dewatering in Impact Impacts
Intermittent Intermittent (linear ft) Perennial Stream (linear ft) Requiring
Stream(linear (linear ft) (linear ft) Mitigation
ft (linear ft
1 -STA. 0 0 0 65 65 0
0+62
2 -STA. 10 65 0 0 75 0
2+95
Total 10 65 0 1 65 1 140 0
Total Stream Permanent Impact for Project: 10 linear feet. Temporary Impact for Project: 130 linear feet.
The project should be constructed in accordance with your application dated June 11, 2008 (received Julyl4, 2008),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock
and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work.
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.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. B. Setzer,P.E. �\
July 22,2008
Page Two
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover(wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of January 1 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
5. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
7. Native riparian vegetation(e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
9. Rpprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
16. 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.
17. 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. v

.;P.E.
,o8
firee
18. 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.
19. 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 or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
21. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250,Raleigh,North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
ny questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins,Director
Division of Water Quality
cc: Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
David Baker,USACE,Asheville Field Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
0801096(Setzer)NCSR 1705(Blythe Stepp Road)

.._:-- -- --- ._..___.�__ .---�-- L-:- .:---------
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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 22, 2008
David Heekin
8705 Perimeter Park Blvd.
Jacksonville FL., 32216
SUBJECT: NCGO10000 Compliance Inspection
Status: Compliant
Star Mountain
NCROO1020
Madison County
Dear Mr. Heekin:
On July 21, 2008, an inspection of your project site located in Marshall N.C. was conducted to determine if
requirements of Stormwater Permit NCGO1000 were being followed. Mr. Mike Freeman with Mercer Design
Group was present during the inspection. The NCGO100000 monitoring requirements being performed at your
Facility were deficient.
Minimum monitoring and record keeping requirements are found in Part I. Section B. No. 3 of the permit
generally stating that the inspection records of erosion and sedimentation control measures and stormwater
discharges are to be collected weekly and after every half-inch or greater rain event. Until further notice you or
your designee is to submit the NCGO10000 monitroing reports to me weekly. Diligency to these ongoing
monitoring requirements is necessary to maintain compliance. Also keep in mind the Twenty-four Hour
Reporting requirement in Part II, Section E.3. as your project progresses.
If you or your staff has any questions,please call me at 828-296-4653.
Sincerely,
,R f
Linda Wiggs
Environmental Specialist
cc: WQ Asheville Files
WQ Central Files
Mercer Design Group
205 Flat Creek Village Dr
Weaverville NC 28787 Nooe Carolina
Vatmrally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748
G:\WPDATA\DEMWQ\Madison\Stormwater Construction NCG01\StarMtn-NCR001020\inspectletter.doc

Michael F.Easley,Governor
FiQ William G.Ross Jr.,Secretary
QG North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
C� `C
July 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7293
Mr. Thomas W. Kilpatrick
Etowah Sewer Company
Post Office Box 1659
Etowah, North Carolina 28729
Subject: NOTICE OF VIOLATION
Permit No. WQCSDO135
Etowah Sewer Company
Etowah Collection System
Henderson County
Dear Mr. Kilpatrick:
A review has been conducted of the Etowah Sewer Company's Collection System self
reported Sanitary.Sewer Overflow (SSO) 5-Day Report. This review has shown the.
subject facility to be in violation of the requirements found in the North Carolina General
Statute 143-215.1(a)(1). The violation is summarized below:
NOV# Violation Location Violation
Date __ Type
NOV-2008-DV-0309 06/06/2008 WWTP Lift Station Discharge
Without Valid
Permit
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incident. Remedial action should include identification of the cause of the SSOs and
implementation of all measures necessary to prevent recurrence. Entirely too many
Sanitary Sewer Overflows have been occurring at the Wastewater Treatment Plant lift
station. Please look into this matter and see what can be done to improve lift station
reliability.
Nor thCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service Naturally
Internet:wwwncwaterquality.org FAX [phone]

If you have any questions regarding this NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs, please contact Roy Davis at 828-296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Section Central Files
Roy Davis
G:\WPDATA\DEMWQ\Henderson\Etowah Collection System\Etowah-NOV-2008-DV-0309.doc

Michael F.Easley,Governor
r � William G.Ross Jr.,Secretary
QG North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
July 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7309
Mr. Mike Brooks, Public Works Director
Town of Spindale
Post Office Box 186
Spindale, North Carolina 28160
Subject: NOTICE OF VIOLATION
Permit No. WQCS00053
Town of Spindale
Spindale Collection System
Rutherford County
Dear Mr. Brooks:
A review has been conducted of the Town of Spindale's Collection System self reported
Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject
facility to be in violation of the requirements found in the Town of Spindale's Collection
System Permit (WQCS00053) and/or G.S. 143-215.1(a)(1). The violation is
summarized below:
NOV# Violation Location Cause Volume
Date
NOV-2008-DV-0308 07/15/2008 Shady Lane & Dogwood Force 7,950
Lane Main gallons
Failure
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incident. Remedial action should include identification of the cause of the SSOs and
implementation of all measures necessary to prevent recurrence.
NaolrthCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service y�tllra`�f
Internet:wwwnewaterquality.org FAX [phone]

If you wish to discuss this Notice of Violation, I encourage you to call Roy Davis with
the Asheville Regional Office.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Central Files
Roy Davis
G:\WPDATA\DEMWQ\Rutherford\Spindale Collection System\Spindale- NOV-2008-DV-0308.doc

Michael F.Easley,Governor
F9Q William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
July 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7316
Mr. Randy Cunningham, Chairman
Junaluska Sanitary District
Post Office Box 35
Lake Junaluska, North Carolina 28745
Subject: NOTICE OF VIOLATION
Permit No. WQCS00182
Junaluska Sanitary District
Wastewater Collection System
Haywood County
Dear Mr Cunningham:
A review has been conducted of the Junaluska Sanitary District's Collection System self
reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the
subject facility to be in violation of the requirements found in the Junaluska Sanitary
District's Collection System Permit (WQCS00182) and/or G.S. 143-215.1(a)(1). The
violation is described below:
NOV# Violation Location Cause Volume
Date
NOV-2008-DV-0307 06/30/08 Richland Creek Road MH Pump 44,000
Station gallons
Failure
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. You should take remedial action in response to this
incident. Remedial action should include identification of the cause of the SSOs and
implementation of all measures necessary to prevent recurrence.
I am concerned about the large volume of wastewater lost during this Overflow.
understand that McGill & Associates is attempting to find funding to assist in providing
emergency standby power and telemetry for the Richland Creek Pump Station. Should
financial assistance not be available, The Junaluska Sanitary District Should be
prepared to provide telemetry using its own resources.
N;oAhCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service �vattaally
Internet:wwwncwaterquality.org FAX [phone]

Should you need to discuss this Notice of Violation I encourage you to call Roy Davis in
the Asheville Regional office.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Roy Davis
Surface Water Protection Section Central Files
G:\WPDATA\DEMWQ\Haywood\Junaluska Sanitary District Collection System\NOV-2008-DV-0307.doc

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7002 0460 0001 9899 7323
Mr. Steve Vermillion
Northridge Commons
1600 Camden Rd
Charlotte,NC 28203
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7002 0460 00019899 7330
Taylor and Murphy Construction Company
1121 Brevard Rd
Asheville,NC 28816
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Northridge Commons
- DWQ Tracking Number: NCR000781
NOV-2008-PC-0527
Construction Stormwater Permit NCGO10000
Stream Standard Violation- Other Waste (In-stream sediment)
Buncombe County
Dear Sirs:
On July 15, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection for Northridge Commons along HWY 25/70 in
Buncombe County.-Tommy Candler with Taylor and Murphy Construction Company was present -
during the inspection.
Construction Stormwater Permit NCGO10000, and stream standards violations were noted during
the inspection and file review. Sediment and riprap impacts to Unnamed Tributaries (UT)to Gill
Branch were documented constituting permit and standard violations. Further sediment impacts to
the lower Unnamed Tributary to Gill Branch were noted, specifically under the archway crossings.
Approximately 150 feet of the lower UT was impacted with sediment. Remaining sediment and
riprap impacts were noted in the upper Unnamed Tributary to Gill Branch. Approximately 200
feet of the upper UT remains impacted with sediment and approximately 30 feet of the tributary is
filled with riprap.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
o e NhCarolina
Naturally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: [phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Buncombe\StormwaterConstruction NCG01\North Ridge-WalmartNCR000781\nov-2008-pc-0527.doc

NorthRidge Commons Page 2 of'.j
July 22, 2008
PERMIT VIOLATIONS �\
I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCGO10000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title 15 A North Carolina Administrative Code 2H.0100.
a. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in Buncombe County
Erosion Control Office inspection dated July 9, 2008,represents a violation of
NCGO10000 Permit.
b. Schedule of Compliance"(Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Buncombe County
Erosion Control Office inspection dated July 9, 2008, represents a violation of
NCGO10000 Permit.
c. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
deficient in details.
d. Twenty-four Hour Reporting(Part II. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
STREAM STANDARD VIOLATIONS
I. Stream Standard Violation -Removal of Best Usage (earthen fill, culverts,
relocated stream channel) 15A NCAC 02B .0211 (2)-Approximately 30 feet of an
Unnamed Tributary to Gill was impacted by riprap fill, representing Water Quality
Stream Standard violation of 15A NCAC 02B .0211 (2).
II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (3)f- Approximately 350 feet of an Unnamed Tributaries to Gill Branch were
impacted by sediment deposition,representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Linda Wiggs, Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands
and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center, Raleigh,NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCGO10000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions and why the twenty four hour reporting requirement
was not followed.
b. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.

.coons Page 3 of 3
c. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
projects.
II. Stream Standard - Other Waste (In-Stream Sediment), Removal of Best-Usage
(earthen fill, culverts, relocated stream channel)
a. Please submit a Sediment Removal/Stream Restoration Plan(Restoration Plan)to
this office for review and approval. The Restoration Plan must address removal of
the accumulated sediment and riprap fill from the UTs to Gill Branch. The
Restoration Plan must be submitted to the Asheville Regional Office Division of
Water Quality for review and approval prior to implementation. You are
encouraged to secure an environmental consultant experienced in stream restoration
to assist you with your plan development, and authorization necessary to achieve-
compliance. It is recommended that your consultant contact Linda Wiggs of the
Asheville Regional Office for additional guidance during restoration plan
development.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Linda Wiggs.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Linda Wiggs or myself at(828)
296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
-� DWQ Central Files
Buncombe County Planning
Clear Water Environmental Consulting

f Michael F.Easley,Governor
il William G.Ross Jr.,Secretary
I Gr North Carolina Department of Environment and Natural Resources
`r
.� Coleen H.Sullins,Director
Division of Water Quality
July 23,2008
Mr. Mike Pettyjohn,P.E.
Division 11 Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject-.-Modification-to-the 401-Water-Quality-Certification Pursuant to-Section 401-ofthe-Federal Clean — -- - - -
Water Act for Proposed Improvements to NCSR 1312(Joe Parlier Road)
Water Quality Certification No. 041739 V.2
Avery County
Dear Mr. Pettyjohn:
Attached hereto is a modification of Water Quality Certification No. 20041739 issued to the North Carolina Department
of Transportation dated August 27, 2007. This modification is applicable only to the additional proposed activities. All
the authorized activities and conditions of certification associated with the original Water Quality Certification dated
August 27,2007 still apply except where superseded by this Certification.
tf we can be of further assistance, do not hesitate to contact us.
Sincerely,
L la�A
Coleen H. Sullins
Director
Attachments
cc: Heath Slaughter, Division 11,DEO
Neil Trivette,Roadside Environmental
Monte Matthews,USACE,Asheville Raleigh Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
,,1739V.2(Pettyjohn)NCSR 1312(Joe Parlier Road) NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act with ADDITIONAL.CONDITIONS \
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 92-217
of the United States and subject to the North Carolina Division of Water Quality(DWQ)Regulations in 15 NCAC 2H,
Section.0500. This certification authorizes the NCDOT to place additional fill material(30 linear feet of pipe) in an
unnamed tributary to Trivett Branch in the Watauga River Basin in Avery County. The project shall be constructed
pursuant to the modification request dated June 10,2008. The authorized impacts are as described below:
Stream Impacts in the Watauga River Basin
Site Permanent Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Fill in Perennial Stream Perennial Stream Perennial Stream Impact- Impacts
Intermittent (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Stream Mitigation
linear ft (linear ft
Original 0 0 30 0 30* 0
approved
impacts at
Sta. 50+90
Change in 0 0 30 0 30 0
impacts with
this approval
Sta. 50+90
Total 0 0 60 0 60 0
Total Stream Permanent Impact for Project: 60 linear feet.
*Station 50+90-The 30 linear feet of impacts previously approved includes 10 linear feet of riprap.
The application provides adequate assurance that the discharge of fill material into the waters of the Watauga River
Basin in conjunction with the proposed construction will not result in a violation of applicable Water Quality Standards
and discharge guidelines. There,the State of North Carolina certifies that this activity will not violate the applicable
portions of Section 301,302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated June 10,2008 and
received July 10, 2008. All authorized activities and conditions of certification associated with the original Water
Quality Certification dated August 27,2007, still apply except where superceded by this certification. Should your
project change,you are required to 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 the
conditions. If any additional wetland impacts or stream impacts for this project(now or in the future)exceed one acre or
150 linear feet,respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H.0506
(h)(6)and(7). For this approval to remain valid,you must adhere to the conditions listed below. In addition,you
should acquire any other federal, state or local permits before you proceed with your project including(but not limited
to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This Certification will
expire on the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
1. All other conditions written into previous Water Quality Certifications dated August 27, 2007, for this project still
apply. �%

y of this Water Quality Certification shall be maintained on the construction site at all times. In addition, this
titer Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for
approval.
4. 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 or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification.
5. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
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 the23rd day of July 2008
DIVISION OF WATER QUALITY
L- -
Coleen Sullins
Director

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T� Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
�J North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
SURFACE WATER PROTECTION
July 23, 2008
Edgar B. Shope
756 Wayah Road
-Franklin,-NC-28734 _------_ ---- --- --
Charles D. Owen, Jr.
Rainbow Springs Partnership
7 Greenwood Road
Asheville,NC 28803
SUBJECT: Sediment Removal Plan Review:
Response to July 22,2008 Follow-up
NOV-2008-SS-0019
Macon County
Dear Messrs. Shope and Owen:
The Division of Water Quality has received additional correspondence from Fish and Wildlife
Associates, Inc. in response to a request for more detailed information prior to approving the
proposed Sediment Removal Plan associated with NOV-2008-SS-0019.
The DWQ has found the latest response inadequate. Particularly, items land 2 repeated below:
1. A sediment impact summary; including, the depth and extent of sediment discharged to
Moore Creek and the Nantahala River.
2. Areas of sediment removal must be identified and depicted on a map with corresponding
photographs. At a minimum, stream channel photographs should be collected at 100-foot
intervals within the impacted reaches of Moore Creek.
The information requested above is standard for stream restoration plans submitted to the DWQ and
considered essential for planning and successful outcomes.
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this letter. Your
response should be sent to both to the.attention of Chuck Cranford, Division of Water Quality,
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

Messrs. Shope and Owen Page 2 of
July 23,2008
2090 US HWY 70, Swanannoa,NC 28778 and to the attention of Mr. John Hennessy at the
Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center,Raleigh,NC 27699-1617.
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 response to this correspondence will be
considered in this process. Violations related to NOV-2008-SS-0019 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 me at [phone].
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: Pam Boaze—Fish and Wildlife Associates, Inc.
Tim Moore—Rainbow Springs
ARO File Copy
DWQ Central Files
Macon County Planning
GAWP DATA\DEMWQ\Macon\Complaints\RainbowSprings\Resto ration PIan Res ponse2.1_7-23-08.doc

1 TF� Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
4 gyp- North Carolina Department of Environment and Natural Resources
t7 Coleen H.Sullins,Director
Division of Water Quality
July 23, 2008
Jack Morris
6634 Willow Park Drive
Naples, FL 34109
Thomas Winters
7862 Highway 261
Bakersville,NC 28705
Subject: Disturbance to Little Rock Creek
DWQ Complaint: 200801933
Mitchell County
Dear Messrs. Morris and Winters:
The Division of Water Quality has investigated the activities associated with either fill being placed
within or disturbance to the stream channel of Little Rock Creek, classified a high quality/trout
' waters. This letter provides investigation findings and recommendations.
A site visit was conducted on July 16, 2008. Mr. Morris and Mr. Winters were present during the
visit, although their attendance was separate.
Investigation findings were as follows:
® Sediment, pebbles and rock had been removed from the stream channel of a Little Rock
Creek tributary, which enters Mr. Morris' property from the Winter's property. This
removal allowed flow to return to the Morris property tributary.
® The tributary located on the Morris property maintains a strong channel,however, it
appears to be characterized by intermittent periods of reduced or arrested flow.
A Notice of Violation was issued to Mr. Thomas Winters, Jr. on May 14, 2007 for the
excavation of rock from Little Rock Creek and subsequent discharge of fill to the tributary
entering the Morris property. According to DWQ staff,the NOV was resolved.
The DWQ recommends the following:
® No further excavation or filling activities shall take place within Little Rock Creek or
tributaries thereof.
The placement of fill in waters or disturbance of stream flow can be considered violations of State
water quality statutes and can result in the assessment of penalties and requirements to restore the
stream to natural conditions. NoiihCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

Messrs,Moitt-
ram.
July 23;
A
Thank you for your cooperation in this matter. If I can provide any additional assistance,please
contact me at(828) 296-4500. ,
Sincerely,
y
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: Sandee Terry—Real Property People
Sandra Dawson—Blue Ridge Properties
GAWPDATA\DEMWQ\Mitchell\Misc-Complaints\Winters-Morris\ResponseLetter_7-23-08.doc

r Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
FNorth Carolina Department of Environment and Natural Resources
p Coleen H.Sullins,Director
Division of Water Quality
July 23, 2008
Hank Staugh
103 Watershed Road
Black Mountain,NC 28711
Bob Watts
Town of Black Mountain
Public Works Department
2992 Highway 70 West
Black Mountain,NC 28711
Subject: Black Mountain Watershed Reservoir and Stream Flow of Dunsmore Cove Branch
DWQ Complaint: 200801987
Buncombe County
Dear Messrs. Staugh and Watts:
The Division of Water Quality has investigated the loss of stream flow to Dunsmore Cove Branch
in response to information received from a property owner downstream of the Black Mountain
watershed. This letter provides investigation findings and recommendations.
Site visits were conducted on June 9 and June 26, 2008. Mr. Hank Staugh and Mr. Ralph Banks
were present during the first visit and Mr. Watts attended the latter. Following the site visits, DWQ
discussed the situation with staff from the Division of Land Resources and Water Resources
regarding the dam structure of the upper impoundment and Public Water Supply and Aquifer
Protection Section about drinking water extraction wells as well as the history of the watershed.
Investigation findings were as follows:
Impoundment/Watershed Details
■ The impoundment dam was completed in 1935 prior to requirements for minimum releases
from such structures.
■ The impoundment covers 3.1 acres and contains 48 acre-feet of water at normal full pool.
■ Water normally discharges over the emergency spillway under typical hydrologic
conditions.
■ A bottom drain valve is part of the impoundment structure, normally utilized for draining
_ and repair purposes.
■ The watershed above the impoundment consists of approximately 275 acres.
NonrthCarolma
naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..newaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Messrs. Staug.
Pag.,
July 23,Z,�
■ Black Mountain maintains a system of drinking water extraction wells within the
watershed,producing approximately 0.5 million gallons per day.
® The reservoir is no longer used for drinking water production. _-
Hydrologic/Impoundment Conditions
® Black Mountain area is currently experiencing "exceptional" drought conditions—the
highest intensity drought classification utilized.
® Three streams normally discharge to the impoundment. During the June 26 site visit, only
Dunsmore Cove Branch was flowing. Since that visit, Mr. Watts indicated Dunsmore Cove
Branch has experienced intermittent dry periods.
■ The impoundment contained approximately 10%0-- 20 %o of maximum capacity during the
June 26 site visit-water level was significantly below top of spillway.
® Glen Cove Creek within the adjacent watershed to the east and an unnamed tributary within
the adjacent watershed to the west maintained stream flow during both site visits.
® The Black Mountain water production wells within the Dunsmore Cove Branch watershed
are not considered a factor in stream flow reductions. However,this opinion cannot be
substantiated without an extensive hydrologic study.
Recommendations
Several primary factors have been taken into consideration by the DWQ, while reviewing the
subject situation, including:
■ Current drought conditions.
■ The completion date for dam construction and lack of minimum release requirements at that
time.
® Dam water release options.
Drought conditions are affecting watersheds across western North Carolina with numerous streams
experiencing severe reductions and total loss of flow. During normal precipitation periods, water
release from the impoundment is typically sufficient to maintain flow in the receiving stream.
Until precipitation returns to normal and shallow aquifers in the watershed recover, reduced and
intermittent flow periods can be anticipated in the Dunsmore Cove stream network.
Normal water release from the impoundment occurs when full pool level is achieved and water
flows across the emergency spillway. At the time of dam design and construction, no minimum
release was required from the reservoir. Current dam construction permits would, in most cases,
require a minimum flow to be maintained in the downstream channel. The bottom drain valve is
normally only utilized during maintenance, repair or emergency purposes to drain the
impoundment and,because of sediment issues, not considered a favorable option for maintaining a
minimum release.
The DWQ recommends that the Town of Black Mountain consider options to maintain baseflow in
Dunsmore Cove Branch by either modifying the intake to the reservoir(i.e., diverting a portion of
the flow above the impoundment) or providing a more reliable release of water from the dam
structure. All necessary permits should be obtained prior to pursuit of any modifications to the
dam or stream channel.

Messrs. Staugh and Watts
Page 3 of 3
July 23,2008
.c"is also recommended that the Town and downstream landowners affected by the loss of water
discuss the situation and work together to reach an amicable resolution.
Thank you for your cooperation in this matter. If I can provide any additional assistance, please
contact me at(828) 296-4664.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: Anthony N. (Tony) Caudle, Town Manager
Carl Bartlett, Mayor
G:\WPDATA\DEM WQ\Buncombe\Complaints\B IkMtn\ResponseLetter_7-21-08.doc

i
1
��i i

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
GNorth Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins,Director
-:I Division of Water Quality
'G
Asheville Regional Office
SURFACE WATER PROTECTION
July 24, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0240 0001 9899 7347
Mr. Curtis Caldwell
Caldwell Construction Company
PO Box 850
Blairsville,GA 30514
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Caldwell Construction Company
NOV-2008-OP-0034
Failure to obtain a permit
Clay County
Dear Mr. Curtis Caldwell:
On July 9, 2008, Starr Silvis from the Asheville Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection for Caldwell Construction Company on Mission Dam Road in
Clay County. A site representative was not present at the time of the inspection.
Stormwater Permit violations were noted during the inspection and file review. The facility is an
asphalt plant located on the Mission Quarry site. Asphalt plants are required to have coverage
under general stormwater permit NCG160000.
It is our understanding that you are in the process of applying for coverage under the NCG160000.
The following site improvements must be completed in order for the subject facility to be in
compliance with the NCG16000:
• A Stormwater Pollution Prevention Plan, as detailed in Part 1I Section A of the NCG16000,
must be developed and implemented.
• A secondary containment schedule must be developed as detailed in Part II Section A
number 2 (b). At the time of the inspection the largest secondary containment area was
severely compromised and extensive soil and containment wall staining was observed.
Furthermore, the water in the primary secondary containment area was covered with
petroleum product. The release valve on the smaller secondary containment structure was
stuck open and was discharging at the time of the inspection.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mr.Curtis Caldwell Page 2 of
July 24,2008
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 Starr Silvis or myself at(828) 296-
4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
Enclosures; NOI for NCG160000
NCG160000 Permit
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit :=
ARO File Copy
DWQ Central Files
Stormwater Permitting Unit

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Ala -i Coleen H.Sullins,Director
Division of Water Quality
July 24, 2008
Cherokee County
DWQ Project No. 080986
NCSR 1528 (Arrowood Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr, J. B. Setzer,P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
Slow Creek and in an unnamed tributary to Slow Creek, for the purpose of making improvements and widening NCSR
1528 (Arrowood Road)in Cherokee County:
Stream Impacts in the Hiwassee River Basin
Site Permanent Stream Protection Permanent Fill in Temporary Total Stream Stream
Fill in in Perennial Perennial Stream Dewatering in Impact Impacts
Intermittent Stream(linear ft) (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear Energy Dissipator (linear ft) Mitigation
ft) linear ft)
Site 1 0 0 40 85 125 0
Station
4+30
Site 2 0 0 0 65 65 0
Station
7+90
Total 0 0 40 1 150 190 0
Total Stream Permanent Impact for Project: 40 linear feet. Total Temporary Impacts for Project: 150 linear feet.
The project should be constructed in accordance with your application dated May 30, 2008 (received June 18, 2008),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. If 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. One
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. B. Setzer,P.E.
July 24,2008
Page Two
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply I or 11 (WS-1, WS-II), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
6. 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.
7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
9. 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.
10. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. 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.
16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
17. 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.

If,P.E.
J08
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18. 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 or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification.
19. The Permiee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
20. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250,Raleigh,North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins,Director
Division of Water Quality
cc: Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
David Baker,USACE,Asheville Field Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
080986(Setzer)NCSR 1528(Arrowood Road)

R' Michael F.Easley,Governor
Q William G.Ross Jr.,Secretary
t— North Carolina Department of Environment and Natural Resources
Gti Coleen H.Sullins,Director
Division of Water Quality
July 24, 2008
DWQ Project 4 08-0810
Clay County
Mr. John Harrison
Harrison Development
PO Box 187
Greenwood, SC 29648
Subject Property: Hidden River Subdivision
Passmore Branch [040501, 1-28, WSIV]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Harrison:
You have our approval, in accordance with the attached conditions and those listed below,to place fill
within or otherwise impact 142 feet of streams for the purpose of constructing a residential development
at the subject property, as described within your application dated May 9,2008 and received by the N.C.
Division of Water Quality(DWQ)on May 12,2008. Additional information was requested on May 20,
2008 and was received on June 20,2008 After reviewing your application,we have decided that the
impacts are covered by General Water Quality Certification Number(s)3705 (GC3705). The
Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of
Engineers(USACE). In addition,you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including(but not limited to)Erosion and
Sediment Control, and Non-Discharge regualtions. Also,this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project,you must notify us and you may be required to send us 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 fills for this project(now or in the future)exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
NoAhCarolina
lUtulu!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Mrs
July 24;.�
Amount Approved(feet) Plan Location or Reference
Stream 4 Culvert#1
Stream 55 Culvert#2
Stream 43 Culvert#3
Stream 10 Culvert#4
Stream 10 Culvert#5
Stream 10 Culvert#6
Stream 10 Culvert#7
Total 142
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications,the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina
Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The 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 404 or CAMA Permit.
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 the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Starr Silvis in the DWQ Asheville Regional Office at 828-296-4665.
Sincerely,
7oieen . Sullins,Director
CHSIses
Enclosures: GC 3705
Certificate of Completion
cc: Mr. John Chastain, Synterra, 148 River St., Suite 220,Greenville, SC 29601
USACE Asheville Regulatory Field Office
Asheville Regional Office
DLR Asheville Regional Office
Central Files
Cyndi Karoly, Wetlands & Stormwater: 401 Certification Unit
G:\W PDATA\DEMWQ\CLAY\401 s\08-0810.HiddenRiver.Approval.doc

Michael F.Easley,Governor
QG William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
-i
Coleen H.Sullins,Director
Division of Water Quality
July 24, 2008
Judy and Chris Hoyer
18603 Avenue Monaco
Lutz, FL 33558
Subject: Dam/Pond Construction
Dear Mr. And Mrs. Hoyer:
The Division of Water Quality (DWQ)has received information that construction of a dam
and/or pond has occurred in a creek on your property. The described activities would
require a 404-Permit from the Army Corps of Engineers as well as a 401-Certification from
this agency. Failure to secure any required permit and certification would be violations of
state and federal laws and regulations.
If you are installing or have installed any materials in a stream, you should cease such activities
until you have had the Corps of Engineers determine if a 404-Permit is required. The Corps of
Engineers can be contacted at telephone number 828-271-7980. Should a permit and certification
be required, please find attached a copy of the "Pre-construction Notification"form that serves as
the application for a 404-Permit from the Corps of Engineers and 401-Certification from the
Division of Water Quality.
Your attention to these matters is appreciated, Please contact me at telephone number 828-
296-4500 at your earliest convenience.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: US Army Corps of Engineers
NorthCarolina
Natural!✓
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

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Michael F.Easley,Governor
QWilliam G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
July 25, 2008
DWQ Project# 08-1005
Burke County
Arch Harris
324 Wyndam Circle
Harrisonburg,VA 22801
Subject Property: Arch Harris Lot 133
Approval of 401 Water Quality Certification and Authorization Certificate per the Catawba River
Buffer Protection Rules(15A NCAC 2B .0243)with Additional Conditions
Dear Mr. Harris:
You have our approval, in accordance with the attached conditions and those listed below,to place fill
within or otherwise impact 0.006 acres of wetlands, 0.00 feet of streams and 252 square feet(ft2)of
protected riparian buffers for the purpose of bank stabilization at the subject property, as described within
your application dated May 1, 2008 and received by the N.C. Division of Water Quality(DWQ)on June
23, 2008. After reviewing your application,we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Regional
Permit(s) 198200030 when issued by the US Army Corps of Engineers (USACE). This letter shall also
act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 213 .0243. In addition,you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including(but not limited to)Erosion and
Sediment Control,Non-discharge, and Duke Power regulations. Also,this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project,you must notify us and you may be required to send us 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 fills for this project(now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved"
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
NonrthCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Se N67tutully
Internet: www.,ncwaterquality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Burke\401s\ArchHarris\ArchHarris08-1005 Approval_7-25-08.doc
An Equal Opportunity/Affirmative Ac_tion Employer-50%Recycled/10%Post Consumer Paper

July 25'�
Amount Approved(Units) Plan Location or Reference \`
Stream 0.00 (feet)
404/CAMA Wetlands 0.00 (acres) �-
Waters 0.006 (acres) Lot 133
Buffers 252 (square ft.) Lot 133
2. Erosion& Sediment Control Practices
Erosion and sediment control practices must be_in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed,the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile(spoil)projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites,the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act,
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation,operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment&Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications,the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina
Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct

Arch Harris
Page 3 of 3
July 25,2008
,mpacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
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 fora 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.
Any disputes over determinations regarding this Authorization Certificate(associated with the approved
buffer impacts)shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you
have any questions,please telephone Amy Chapman at 919-715-6823,Cyndi Karoly at 919-733-1786 or
Chuck Cranford at 828-296-4500.
Sincerely,
A"
Coleen H. Sullins,Director
rn CHSICBC
Enclosures: GC 3693
Certificate of Completion
cc: Bennick Enterprises
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: ArchHarris_08-1005_Approval_7-25-08

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
V
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
A&ADivision of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7392
Larry G. Scott
223 Hankins Road
Marion, NC 28752
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 N00069965
Larry G. Scott
Scotty's Mobile Village
Case No. LV-2008-0252
McDowell County
LV-2008-0252
Dear Mr. Scott:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$320.00
($250.00 civil penalty + $70.00 enforcement costs) against Larry G. Scott.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Larry G. Scott for the month of April 2008. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0069965. The violations, which occurred in April 2008,
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Larry G. Scott violated the terms,
conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Larry G. Scott:
North Carolina Division of Water Quality 2090 US Hwy 70;Swannanoa, NC 28778 Phone[phone]
Customer Service 1-800 623-7748 Internet:www.ncwaterguality.org FAX [phone]

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES
250.00 Permit No NC0069965, by discharging waste water into the
waters of the State in violation of the Permit Monthly Average
limit for AMMONIA NITROGEN.
250.00 TOTAL CIVIL PENALTY
70.00 Enforcement Costs
$320.00 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. 1436-
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.

rng remission is not the proper procedure for contesting whether the violation(s)
marred or the accuracy of any of the factual statements contained in the civil penalty
,ssessment 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 1436-282.1(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
ind 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
state holidays. The original and one (1) copy of the petition must be filed with the Office
Administrative Hearings. The petition may be faxed - provided the original and one copy of tfie ,
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone]
Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact me or Wanda Frazier of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Bob Guerra - Point Source Compliance / Enforcement Unit
Asheville Regional Office - Enforcement File w/ attachments
Central Files w/ attachments
GAWPDATA\DEMWQ\Mcdowell\69965 Scotty's Mobile Village\69965 LV-2008-0252.doc

JUSTIFICATION FOR REMISSION REQUEST
►WQ Case Number: LV-2008-0252 County: McDowell
Assessed Party: Larry G. Scott
Permit No.: NCO069965 Amount Assessed: $320.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the
violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be
granted only when one or more of the following five factors applies. Please check each factor that
you believe applies to your case and provide a detailed explanation, including copies of supporting
documents, as to why the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from
performing the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENI`�
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
LARRY G. SCOTT )
PERMIT NO. N00069965 ) FILE NO. LV-2008-0252
Having been assessed civil penalties totaling $320.00 for violation as set forth in the
assessment document of the Division of Water Quality dated July 24, 2008, 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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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
P Coleen H.Sullins.Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 25, 2008
CERTIFIED MAIL CERTIFIED MAIL
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
7002 0460 00019899 7385 7002 0460 0001 9899 7408
Bernard M Kelly Davidson River Village, LLC
Davidson River Village LLC c/o Renova Partners, LLC
Post Office Box 880 36 Washington Street Suite 390
Brevard,NC 28712 Wellesley, MA 02481
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 NC0000078
Davidson River Village LLC
Former Ecusta Mill
Case No. FK-2008-0001
Transylvania County
Dear Mr. Kelly:
- This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$13,608.22 ($9,990.45 civil penalty+ $3,617.77 enforcement costs) against Davidson River
Village LLC. This civil penalty includes fish replacement cost along with NC WRC costs and
NPDES permit violation. The enforcement costs include DWQ staff costs. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Davidson River Village LLC
violated the terms, conditions or requirements of NPDES Permit N00000078 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Davidson River Village LLC:
$9,990.45 For 1 of the 1 other violations of NPDES Permit No. NC0000078.
$9,990.45 TOTAL CIVIL PENALTY
$3,617.77 Enforcement Costs
$13,608.22 TOTAL AMOUNT DUE
One
N hCarolina
2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:[phone] FAX:[phone] Customer Service 1-800 623-7748 r/ Wura!!y

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

ne Director of the Division of the Division of Water Quality will review your
and inform you of his decision in the matter of your remission request. The response will
ode details regarding the case status, directions for payment, and provision for further appeal
if the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please

be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Keith Haynes of the Surface Water Protection staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments ->.
Enforcement File w/attachments
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
,YWQ Case Number: FIB-2008-0001 County: Transylvania
Assessed Party: Davidson River Village LLC
Permit No. (if applicable): NC0000078 Amount Assessed: $13,608.22
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
.was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONNa,
AND NATURAL RESOURCES',,,
COUNTY OF Transylvania
Davidson River Village LLC
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Former Ecusta Mill ) STIPULATION OF FACTS
PERMIT NO. NC0000078 ) FILE NO. FK-2008-0001
Having been assessed civil penalties totaling $13,608.22 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 25, 2008, 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

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
Id I 9Q NON Asheville Regional Office
SURFACE WATER PROTECTION
July 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9699 7361
Mr. Carson Fisher
Burke County Garage
PO Box 1486
Morganton,NC 28680-1486
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Burke County Garage
Industrial Stormwater Permit: NCG080678
NOV Number: NOV-2008-PC-0534
Burke County
Dear Mr. Fisher:
On July 7, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for Burke County Garage on Marsh Trail in Burke
County. The inspection report indicated that you were present during the inspection visit.
As a result of the site inspection and review of company records, the following violations were
noted:
I. Failure to develop and implement a Stormwater Pollution Prevention Plan
II. Failure to conduct the required analytical and qualitative stormwater monitoring
Required Response
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the
Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh,NC 27699-1617. Your response should address the following items:
1. Please explain when you anticipate having a Stormwater Pollution Prevention Plan
developed and implemented.
NorthCarolinna
Natu�/VR�6lnall,a
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mr. Carson Fisher Page 2 of 21
July 25,2008
2. Please explain how you will comply with the required analytical and qualitative stormwater\ ,
monitoring.
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. Should you have any questions regarding these
matters,please contact Chuck Cranford or myself at(828) 296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
Enclosures: Inspection Report
i
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Burke\Stormwater TransitAndTrans NCG08\BurkeCountyGarage_NOV-2008-PC-0534_7-24-08.doc

Compliance Inspection Report
Permit: NCG080678 Effective: 11/01/07 Expiration: 10/31/12 Owner: Burke County General Services
SOC: Effective: Expiration: Facility: Burke County Garage
County: Burke 2500 Marsh Trl
Region: Asheville
Morganton NC 28655
Contact Person: Carson Fisher Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 07/07/2008 Entry Time: 01:00 PM Exit Time: 02:00 PM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil
Water Separator Stormwater Discharge COC
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit: NCG080678 Owner-Facility: Burke County General Services
Inspection Date: 07/07/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Carson Fisher. A tour was conducted of the exterior of the facility, observing the
stormwater conveyances and outfalls and site conditions. During the visit, the SPPP manual, operational activities and
existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to the most recent
permit version, dated November 1, 2007. At the time of the inspection the site was found to be out of compliance with the
permit for the following reasons:
-SPPP had not been developed nor implemented
-Required monitoring inspections had not been completed.
-Required facility inspections had not been documented.
-Required training had not been documented.
The inspector noted that the facility could improve good housekeeping practices as well.
A significant item for improvement was the discharge of the shop floor drain to the woods. The area receiving the
discharge was characterized by dark staining likely from petroleum products.
Page: 2

Permit: NCGO80678 Owner-Facility: Burke County General Services
Inspection Date: 07/07/2008 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 0 I!
#Does the Plan include a General Location(USGS)map? n Cl 0
#Does the Plan include a"Narrative Description of Practices"? 1 0 11
#Does the Plan include a detailed site map including outfall locations and drainage areas? D 0 0
#Does the Plan include a list of significant spills occurring during the past 3 years? n 0 0
#Has the facility.evaluated feasible alternatives to current practices? n 0 n
#Does the facility provide all necessary secondary containment? 0 D Q
#Does the Plan include a BMP summary? QI 0 n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? 0 ❑ 0
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? 0 n Cl
#Does the facility provide and document Employee Training? n 0 n
#Does the Plan include a list of Responsible Party(s)? n 0 11
#Is the Plan reviewed and updated annually? ❑ ■ D 0
#Does the Plan include a Stormwater Facility Inspection Program? n ■ 0 0
Has the Stormwater Pollution Prevention Plan been implemented? 0 ® �
Comment: No SPPP was produced for the inspector.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ Q
Comment: No inspections records available.
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: Oil usage not certain. Monitoring required until average monthly amount
determined.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n ❑
#Were all outfalls observed during the inspection? ■ 11 ❑ ❑
#If the facility has representative outfall status, is it properly documented by the Division? Q ❑ ■
#Has the facility evaluated all illicit(non stormwater)discharges? ■
Comment: No indication illicit discharges have been evaluated.
Page: 3

Michael F.Easley,Governor
William G. Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
r^
Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7378
Ms. Bettye Cecil
White Oak Manor
188 Oscar Justice Road
Rutherfordton,North Carolina 28139
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 NCO030139
White Oak ManorWWTP
White Oak Manor-Rutherfordton
Case No. LV-2008-0253
Rutherford County
Dear Ms. Cecil:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$265.00
($200.00 civil penalty+ $65.00 enforcement costs) against White Oak Manor.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by White Oak Manor for the month of April 2008. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0030139. The violations which occurred in
April 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that White Oak Manor violated the
terms, conditions or requirements of NPDES Permit NCO030139 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against White Oak Manor:
NorthCarolina
,Xaturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No."'�"'
$100.00 NC0030139,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for F'EC COL L .
i
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0030139,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
$200.00 TOTAL, CIVIL, PENALTY
$65.00 Enforcement Costs
$265.00 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

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601 \'
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement File w/attachments `
Water Quality Lab & Operations/ ORC w/ attachments
G:\WPDATA\DEMWQ\Rutherford\30139 White Oak Manor\LV-2008-0253.30139.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2008-0253 County: Rutherford
Assessed Party: White Oak Manor WWTP-Rutherfordton
Permit No.: NCO030139 Amount Assessed: $265.00
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 :_,
AND NATURAL RESOURCES ��
COUNTY OF RUTHERFORD
A
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINST ATTVE HEARING AND
STIPULATION OF FACTS
WHITE OAK MANOR-RUTHERFORDTON )
PERMIT NO.NCO030139 ) FILE NO. LV-2008-0253
Having been assessed civil penalties totaling $265.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 25, 2008, 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
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Michael F. Easley,Governor
William G.Ross Jr.,Secretary
"" North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
e Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
June 17, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7002 0460 00019899 7170 -
Mr. Pepper Rodgers CERTIFIED MAIL July 25,2008
172 Cherry Brook Ln RETURN RECEIPT REQUESTED —7002 0460 00019899 7354
Boone,NC 28607 F MAIL ATTEMPT
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Indian Saddle
NOV-2008-PC-0393
401 Project#07-0525
DWQ Tracking Number: NCR000933
Construction Stormwater Permit—NCG010000
401 Water Quality Certification (WQC)
Avery County
Dear Mr. Rodgers:
On May 29, 2008,Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted an inspection for Indian Saddle site along Martins Branch in Avery
County. Amanda Jones with the Army Corp of Engineers was present.
Construction Stormwater Permit NCG010000, and failure to obtain a 401 certification were noted
during the inspection and file review. Required Construction Stormwater Permit NCG010000
inspections and monitoring are not being performed at Indian Saddle. And two culverts estimated
at approximately 30 feet each had been installed without permit in an Unnamed Tributary to
Martins Creek, which is classified Water Supply V Trout waters (WS-V,Tr).
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
PERMIT VIOLATIONS
I. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit
(NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System (NPDES)in
accordance with Title 15 A North Carolina Administrative Code 211.0100.
NAhCarohna
naturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Avery\Stormwater Construction NCG01\IndianSaddle-NCR000933\nov-2008-pc-0393.doc

Indian Saddle Page 2 or-,
June 17, 2008
a. Approved Plan (Part I. Section A: No.2.) During the inspection, a copy of the
approved Erosion and Sediment Control Plan was not on site and available for
review. *However, a site representative was not available during the inspection.
b. Rain Gauge (Part I. Section B.No. 1.)A rain gauge was not observed on the site
at the time of inspection.
c. Rain Gauge Data (Part I. Section B.No. 1.)Rain gauge data, measured daily, was
not recorded and available for review.
d. Minimum Monitoring and Record Keeping (Part I.Section B.No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not recorded and available for review upon request.
II. Failure to obtain 401 WQC Certification—On March 23, 2007, the Division of Water
Quality received your application dated February 28, 2007, this application was returned to
you May 28, 2008. The application submitted indicated there would be no impacts bridges
would be installed, two culverts have been installed without permit.
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Linda Wiggs, Division of Water Quality, 2090
US HWY 70, Swannanoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands
and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center,Raleigh,NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan.
c. Minimum Monitoring and Record Keeping — Please provide copies of all
monitoring and record keeping to Linda Wiggs until further notice. On June
2, 2008 an email was sent to you with links to the NCG010000 permit and
monitoring form. This form is to be filled out for every week and after each
1/2 inch rain event. The following bulleted list provides guidance on how to
conduct monitoring and record keeping activities in such a way as to be
compliant with the NCGO10000 Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.
• Erosion and Sedimentation Control Facilities are to be inspected every week
and after each 1/2 inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.)to be inspected, the date and time
inspected, the initials of the inspector, whether the device is operating
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.

Page 3of3
J�
® Stormwater Discharge Outfalls are to be inspected every week and after
each t/a inch rain event. It is required to individually list each of the outfalls
to be inspected, the date and time inspected, the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
d. The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete. The Permittee may
authorize a representative to sign these documents (please see Part II Section B (10
b) of the NCG010000 Permit for proper procedure).
e. You should include in your response an explanation of how you propose to prevent
these problems from reoccurring on this project and on future projects.
11. Failure to Obtain 401 WQ Certification
a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Linda Wiggs or myself at(828)
296-4500.
Sincerely,
e"J''� - —`
Roger C. Edwards
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Cyndi Karoly-401 Unit
ARO File Copy
DWQ Central Files
Avery County Planning
Army Corp of Engineers Amanda Jones

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
61 North Carolina Department of Environment and Natural Resources
AAAArColeen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 8054
Mr. Jeffrey Rocks
RiverRidge
PO Box 1830
Lenoir,NC 28645
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
RiverRidge
DWQ Tracking Number: NCR001022
NOV-2008-PC-0529
Construction Stormwater Permit NCGO10000
Stream Standard Violation- Other Waste (In-stream sediment)
Caldwell County
Dear Mr. Rocks:
On July 17, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for RiverRidge along Globe Road in Caldwell County.
During the inspection, Division of Land Resources representatives Bill Beck and Katherine
Marciniak and Gateway representatives Kipp Turner and Terry Coffey were present.
Construction Stormwater Permit NCGO10000, and stream standards violations were noted during
the inspection and file review. Sediment impacts to an Unnamed Tributary (UT)to Johns River
(classification C-Tr waters)were documented, representing stream standard violations. Pockets of
sediment were noted in UTs to Johns River onsite, including approximately 30 feet of sediment 1-4
inches was noted just below a culvert.
As a result of the site inspection and file review,the following violations,detailed below,were
noted:
PERMIT VIOLATIONS
I. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit
(NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title 15 A North Carolina Administrative Code 2H.0100.
North Carolina
Naturally
2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Caldwell\Stormwater Construction NCG01\River Ridge-NCR001022\nov-2008-pc-0529.doc

RiverRidge Page 2 of 3
July 25, 2008
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Inspection dated 7/17/08, represents a violation of NCGO10000 Permit.
b. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. Stream Standard Violation -Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f-Approximately 30 feet of an Unnamed Tributary(UT)to Johns River, classification
C-Tr waters were impacted by sediment deposition up to 4 inches in pockets of the stream
reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Linda Wiggs, Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands
and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center, Raleigh,NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned '
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
c. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
projects.
II. Stream Standard - Other Waste (In-Stream Sediment)
a. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
b. Please submit a Sediment Removal Restoration Plan(Restoration Plan)to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from UT to Johns River. The Restoration Plan should
include the items listed in the attached Sediment Removal Guidance.
c. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Linda Wiggs.

Page 3 of 3
J
you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Linda Wiggs or myself at (828)
296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
Enclosures: Sediment Removal Guidance Document
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Caldwell County Planning
Gateway Grading and Development Inc.
Kipp Turner
PO Box 1830
Lenoir,NC 28645

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
QG North Carolina Department of Environment and Natural Resources
rColeen H.Sullins,Director
—{ Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 28, 2008
Mr. Brian P. Cole
Field Supervisor
Fish and Wildlife Service
United States Department of the Interior
160 Zillicoa Street
Asheville, North Carolina 28801
Subject: Cane River Wildlife Mortality
Yancey County
Dear Mr. Cole:
Thank you for your letter of June 18, 2008. As you requested I am attaching a copy of our
Cane River benthic sampling report. Should you wish to discuss this report in detail I suggest
you call Dee Dee Black at [phone]
The Town of Burnsville is making progress in terms of restoring its Wastewater Treatment
Plant to proper operation. The 0.5 MGD plant was drained. Silt and old activated sludge was
removed and the diffuser system rebuilt. The plant has been placed back in operation and is
supporting a healthy biomass. Disinfection is still a problem, the Town must use a supplemental
chlorine source to achieve compliant results.
The 0.3 MGD has been drained and its silt and old activated sludge removed. We expect
that the new diffuser system will be installed this coming week. Placing the 0.3 plant back into
service along side the 0.5 plant will give the Town an increased activated sludge inventory to
withstand the shock of any waste slugs arriving in the Town's wastewater.
We have posted in a prominent place the map showing the habitat of federally listed
endanger aquatic species. Please thank Gary Peeples for providing this information.
You asked to be informed of NPDES Permit violations. Over a period of time many NPDES
facilities experience violations; most of which have no chronic or acute environmental or public
health consequences. Since one of your concerns is the health of Fish and Wildlife
o e
NhCarolina
Vah(rally
2090 U.S.Highway 70, Swannanoa, N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748

employees who may be called upon to go into Western North Carolina rivers and streams;._
wonder if it might not be more useful, for your purposes, if they call us in advance of going irnt
the stream and ask if there are any issues with NPDES facilities discharging to that stream. We
would never tell a person whether or not it is safe to go into a stream but we could tell a person
whether NPDES facilities discharging to that stream are experiencing compliance issues.
Thank you for your letter. Please do not hesitate to call us at the Asheville Regional Office
any time we may be of assistance. My direct phone line is [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
cc: Mark Hale
Steve Fraley, NC Wildlife
� J
GAWPDATA\DEMWQ\Yancey\Cane River Mussel Kill\FWS Letter.08.doc
may:

Division of Water Quality
Biological Assessment Unit
July 10, 2008
Memorandum
To: Jimmie Overton
Through: Trish MacPherson
From: Dee Dee Black
Subject: Results of benthic sampling from Cane River above and below Burnsville WWTP, French Broad
River Basin, Subbasin 07,Yancey County.
Introduction
During the week of April 28, 2008, a mussel die-off of the federally endangered freshwater mussel
Appalachian Elktoe (Alasmidonfa raveleniana), and other molluscs occurred in the Cane River. The
Appalachian Elktoe is endemic to the upper Tennessee River system in the mountains of western North
Carolina and eastern Tennessee. It was once widely distributed but has been extirpated from the
majority of its historic range. It now occurs in short stretches of the Little Tennessee,Tuckaseegee,
Pigeon, Nolichucky, Little,Cheoah, North Toe, South Toe, Toe, and Cane Rivers,where it inhabits
shallow, medium-sized creeks and rivers with cool,well-oxygenated and moderate-to fast-flowing water.
It has been observed in riffles, runs, and shallow flowing pools with stable, relatively silt-free, coarse sand
and gravel substrate associated with cobble, boulders, and/or bedrock (USFWS; http://www.fws.gov/nc-
es/mussel/appelk.html).
The Cane River originates in Pisgah National Forest and lies within the Southern Crystalline Ridges and
Mountains ecoregion.' It passes through many small communities and rural developments with the
largest community being the town of Burnsville. Additionally,the river is adjacent to US 19 for much of its
length eliminating the riparian buffer on one side which increases the potential for road runoff. Despite
this,the Cane River basinwide site at US 19W,which is located approximately 21 miles downstream of
the Burnsville WWTP (NC 0020290; Qw=0.8 MGD), has consistently rated Excellent since 1992
indicating no water quality or serious habitat deficiencies,based upon the macroinvertebrate community.
The addition of high quality waters from many of the Cane River tributaries is likely partially responsible
for maintaining the excellent water of the Cane River.
The Asheville Regional Office requested benthic sampling at three sites on the Cane River: one
upstream of the Burnsville WWTP at SR 1138, one approximately 1.5 miles downstream of the WWTP at
US 19E, and one approximately eight miles downstream of the WWTP at SR 1381 (Figure 1). Benthic
sampling was conducted on May 7, 2008 to determine whether the Burnsville WWTP impacted the Cane
River benthic community.
Two of the Cane River sites, SR 1138 and SR 1381, have not been previously sampled by the Biological
Assessment Unit(BAU). The US 19E location has been sampled once in July 2002 and rated Excellent.
The basinwide site at US 19W has been Excellent since 1992 with the most recent sample in August
2007.
Methods
Benthic Macroinvertebrates
Benthic samples were collected using Full Scale methods developed for sampling streams in North
'Griffith,G.E.,Omernik,J.M.,Comstock,J.A.Schafale,M.P.,McNab,W.H.,Lenat,D.R.,MacPherson,T.F.,Glover,J.B.and
Shelburne,V.B.2002.Ecoregions of North Carolina and South Carolina.Reston,VA,U.S.Geological Survey.

x
Figure 1. Location of Burnsville WWTP (N00020290)and Cane River sampling locations, May
2008.
Carolina.2 Each Full Scale sample is a composite of ten collections: two kicks,three sweeps, one leaf-
pack,two rock/log washes, one sand and "visual'collections; representative specimens of all invertebrate
taxa collected were removed from the matrix and preserved with 95% ethanol by biologists while in the
field. The purpose of benthic sampling is to inventory the aquatic macroinvertebrate fauna and to
generate a taxa list with an indication of relative abundance of organisms for each taxon. Organisms are
classified as Rare (1-2 specimens, denoted by"R"on taxa tables), Common (3-9 specimens, "C"), or
Abundant(>10 specimens, "A").
Several data analysis summaries (metrics)are calculated from those benthic data to facilitate the
detection of physical habitat and/or water quality problems. These metrics are based on a long history of
observations and studies that show unstressed streams and rivers have higher invertebrate diversity and
a relatively high proportion of intolerant species. Conversely, polluted streams have lower invertebrate
diversity and are dominated by tolerant species. The diversity of the invertebrate fauna is evaluated
using taxa richness (i.e. the total number of distinct taxa present); the tolerance of the stream community
is evaluated using a Biotic Index(derived from the general response of each taxon to the presence of
stressors).
Two especially robust metrics are used extensively by the BAU for evaluating water quality in North
Carolina: EPT richness and the North Carolina Biotic Index(NCBI). Taxa within the three EPT insect
orders (Ephemeroptera, Plecoptera and Trichoptera)are generally intolerant of many kinds of pollution.
2NCDWQ.2006.Standard Operating Procedures for Benthic Macroinvertebrates.NC Dept.of Environment and Natural Resources,
Division of Water Quality,Water Quality Section,Environmental Sciences Branch.July,2006.

Therefore, higher EPT taxa richness values indicate better water quality. The relative tolerance of the
macroinvertebrate community to stressors, as summarized by the NCBI, is also used to evaluate water
quality. Both tolerance values for individual taxa and the final biotic index values have a range of 0-10
with higher numbers indicating more tolerant taxa and more polluted conditions respectively. Criteria for
mountain sites were used to assign bioclassifications based upon EPT Richness and NCBI values.
Seasonal corrections for EPT richness and NCBI were made as appropriate for May samples.
Habitat Evaluation
Habitat evaluations were conducted at each site using the Biological Assessment Unit's Habitat
Assessment Field Data Sheet for Mountain Streams. This assessment assigns a numerical score from 1-
100 for the reach of stream sampled, based on channel modification, instream habitat, bottom substrate,
pool variety, riffle habitats, bank stability and vegetation, light penetration, and width of the riparian zone.
More specifically,these habitat evaluations assess the quality and quantity of instream habitat,the quality
and quantity of the stream's riparian zone, and also evaluate detrimental impacts on stream habitat such
as bank erosion and substrate embeddedness. No criteria have been developed to rate habitat scores,
but the higher the score, the better the overall habitat.
Physical-Chemical
Measurements for pH were collected from each site using an Accumet AP61 meter. Data for
temperature, dissolved oxygen, and specific conductance were collected using a YSI-85 multimeter for all
sites. The dissolved oxygen probe on the YSI-85 meter was not functioning properly at the time of
sampling so dissolved oxygen measurements were not collected.
Study Sites
Cane River at SR 1138,Yancey Count
r Visible land use:Mostly forest with WWTPin view.
r Width(m): 15.0
t
Drainage Area(min): 10.0
Depth(m):Average:0.5 Max: 1.0
Canopy(%cover):40,Deciduous
Substrate:Mix of boulder,rubble,gravel and sand
with small amount of silt.
Riparian quality:Left bank is wide and intact. Right
bank is wide and intact except for the last 25%of
reach where a road runs parallel with the stream for a
few meters.Stable banks with diverse trees,shrubs,
and grasses with little to no erosion.
Instream habitat:Rocks,sticks and leafpacks
abundant.Snags,logs,undercut banks and root mats
were common.
Habitat Score(out of 100):83
Dissolved Oxygen(mg/L):Not measured
Specific conductance(Nmhos/cm):25.0
Temperature(IC): 17.8
pH:7.18
Remarks:Breached dam upstream.Noticeable
WWTP smell. Many wires and cables present in
stream.

Cane River at US 19E,Yancey County �-
'' - ? Visible land use:Forest,prison,road and residential
c Width(m):14.0
Drainage Area(mi):xx
Depth(m):Average:0.3 Max:0.7
Canopy(%cover):30,Deciduous
Substrate:Good mix of boulder,rubble,and gravel with some
bedrock,sand and silt.
Riparian quality:Left bank wide and intact. Narrow riparian
with occasional breaks along right bank. Bank vegetation
diverse and healthy along left bank,mostly shrubs and small
trees along left bank.
Instream habitat:Rocks abundant.Undercut banks and root
mats common.Sticks and leafpacks rare.Snags and logs
absent.
Habitat Score(out of 100):78
Dissolved Oxygen(mg/L):5.1
Specific conductance(pmhos/cm):35.0
Temperature(°C):18.1
pH:7.31
Remarks: Strong WWTP smell. Many midges. No riparian
along right bank.
Cane River at SR 1381,Yancey County
Visible land use: Road,forest,active pasture and residential.
¢ Width(m):20.0
Drainage Area(min):xx.0
Depth(m):Average:0.3 Max: 1.0
Canopy(%cover):30,Deciduous
Substrate:Good mix of boulder,rubble,and gravel with some
sand and silt. /
Riparian quality: Narrow riparian with occasional breaks along
left bank. Right bank narrow but intact.Bank vegetation diverse
and healthy along both banks.
Instream habitat:Rocks abundant.Sticks,leafpacks,undercut
z banks and root mats common. Snags and logs absent.
Habitat Score(out of 100):73
Dissolved Oxygen(mg/L):Not measured
Specific conductance(pmhos/cm):45.0
Temperature(°C):19.5
pH:8.57
Remarks:Rocks coated with an abundance of aufwuchs. Poor
riparian and edge habitat.
Results
Habitat conditions, physical and chemical water data, and geographical coordinates for the study sites are
given in Table 1. Summary biological community metrics and resultant bioclassifications are given in
Table 2. Taxa identified and the corresponding abundance classifications are given in Appendix 1.

Table 1. Habitat conditions, physical and chemical water data, and geographical coordinates for
the three Cane River study sites, French Broad River Basin, May,2007.
Stream Cane River Cane River Cane River
Site'Location SR 1138 US 19E SR 1381
County Yancey Yancey Yancey
Drainage area(mil) 54.3 59.2 108.8
Collection date 7-May-08 7-May-08 7-May-08
Habitat Scores
Channel modification(5) 5 4 4
Instream habitat(20) 18 17 17
Bottom substrate(15) 12 12 10
Pool variety(10) 6 6 6
Riffle habitats(16) 14 16 14
Left bank stability and
vegetation(7) 7 7 7
Right bank stability and
vegetation(7) 7 6 7
Light penetration(10) 5 4 5
Left bank riparian zone
width(5) 5 5 1
Right bank riparian zone
width(5) 4 1 2
Habitat Score(out of 100) 83 78 73
Other Habitat
Average stream width 15 14 20
Average stream depth 0.5 0.3 0.3
Canopy(%) 40 30 30
Substrate(%)
Boulder 35 40 40
Rubble 20 25 25
Gravel 10 10 15
Sand 25 10 15
Silt 10 10 5
Bedrock 0 5 0
Physicochemical
Temperature(°C) 17.8 18.1 19.5
DO(mg/L) -- -- --
Conductivity(Dmhos/cm) 25 35 45
pH 7.2 7.3 8.6
Coordinates
Latitude(1) 35.90437 35.90951 35.9417
Longitude(1) -82.33250 -82.34689 -82.39175
Latitude(DD MM SS) 35 54 14 35 54 44 35 56 31
Longitude(DD MM SS) -82 19 57 -82 20 58 -82 23 28

Cane River at SR 1138,Yancey County
Taxa Richness: 94
EPT Richness: 44 Seasonally Corrected EPT Richness: 34
EPT Biotic Index: 2.9
NCBI: 3.8 Seasonally Corrected NCBI: 4.28
Biocl ass ification: Good
This site is approximately 300 meters upstream of the Burnsville WWTP outfall. 2008 was the first year
for which Cane River above the Burnsville WWTP was sampled.The stream received a classification of
Good. Intolerant taxa collected at the site included: the mayflies Drunella cornutella, D. walkeri,
Ephemerella needhami, E. septentrionalis, Epeorus rubidus, Heptagenia marginalis, Neoephemera
purpurea, Serratella deficiens, and Stenacron pallidum; stoneflies Acroneuria abnormis, Isoperla dicala, 1.
holochlora, 1. orata, 1, slossonae, Paragnetina ichusa, and P. immarginata; and caddisflies Chimarra,
Dolophiloides, Lepidostoma, Rhyacophila carolina, Ceratopsyche sparna, and Ceratopsyche morosa.
Cane River at US 19E,Yancey County
Taxa Richness; 73
EPT Richness: 25 Seasonally Corrected EPT Richness: 23
EPT Biotic Index: 4.1
NCBI: 5.7 Seasonally Corrected NCBI: 6.2
Bioclass if!cation: Fair
This site is located approximately 1.5 miles downstream of the Burnsville WWTP. It has been sampled
once previously in 2002,where it received an Excellent rating. In 2008,the rating dropped three
bioclassifications to Fair. Taxa richness decreased from 105 in 2002 to 73 in 2008. In addition, EPT
richness decreased from 49 to 23 and the NCBI increased from 4.8 to 6.2. A majority of the taxa were
collected as either Rare or Common. Only three moderately tolerant mayfly taxa were collected as
Abundant, Ephemerella dorothea, Eurylophella verisimilis and Maccaffertium ithaca.
Cane River at SR 1381,Yancey County
Taxa Richness: 115
EPT Richness: 41 Seasonally Corrected EPT Richness: 33
EPT Biotic Index: 3.8
NCBI: 5.2 Seasonally Corrected NCBI: 5.6
Bioclassification: Good-Fair
This is the most downstream site of the three sites sampled on the Cane River. It is approximately eight
miles below the WWTP and has not been previously sampled. Intolerant taxa collected include the
mayflies Dannella lita, Ephemerella invaria group, E. septentrionalis, Heptagenia marginalis, Ephemera,
Leucrocuta, Stenacron pallidum, and Serratella deficiens;the stoneflies,Acroneuria abnormis,and
Isoperla holochlora; and the caddisflies Dolophiloides, Hydropsyche demora, Lepidostoma, Micrasema
wataga, Pycnopsyche lepida, Setodes, and Ceratopsyche morosa.

Table 2. Biological community metrics for the three Cane River study sites, French Broad River
Basin, May,2007.
Stream Cane River Cane River Cane River
Site Location SR 1138 US 19E SR 1381
Richness(number of taxa)
Ephemeroptera 18 14 22
Plecoptera 10 1 4
Trichoptera 16 10 15
Total EPT 44 25 41
Seasonally Corrected EPT Richness 34 23 33
Odonata 9 10 10
Megaloptera 1 0 2
Coleoptera 6 4 11
Diptera 24 26 34
Misc Diptera 5 3 6
Oligocheata 2 1 2
Crustacea 1 0 1
Pelycepoda 0 0 2
Gastropoda 1 3 4
Hemiptera 0 0 0
Total taxa richness 94 73 115
Other Biological Measures
EPT Abundance 207 64 175
EPT Biotic Index 2.93 4.15 3.81
NCBI 3.79 5.67 5.17
Seasonally Corrected NCBI 4.28 6.16 5.57
Bioclassification Good Fair Good-Fair
Conclusions
Despite having similar habitat scores, a noticeable difference between the benthic communities above
(SR 1138) and below(US 19E)the Burnsville WWTP was observed. The benthic community at US 19E
was less diverse and more tolerant(EPT richness =25, NCBI = 5.67)than the benthic community above
the WWTP (EPT richness =44, NCBI = 3.79). Nineteen EPT taxa that were collected upstream of the
WWTP were not collected at the US 19 E site. The greatest loss was in the number of stonefly taxa. Ten
stonefly taxa of which six taxa were either Abundant or Common were collected upstream. Downstream
only two specimens of Acroneuria abnormis were collected.The difference between the two samples is
further emphasized by the almost complete loss of stoneflies,the.most sensitive order of the EPT orders.
Therefore,these differences suggest the WWTP did have an impact on the benthic community in the
Cane River. The third site at SR 1381 did appear to show some signs of recovery.
Cc(via email): Roger Edwards,Asheville Regional Office
Ed Williams,Ashville Regional Office
Angie Rodgers, Natural Heritage Program
Steve Fraley,Wildlife Resources Commission
Dianne Reid, Planning Section

Appendix I. Benthic Macroinvertebrates collected from Cane River, French Broad River Basin,
May,2008.
Taxon CANE R CANE R CANE R CANE R
5/712008 7/10/2002 5/7/2008 517/2008
SR 1138 US 19E US 19E SR 1381
EPHEMEROPTERA
ACENTRELLA SPP R
ACENTRELLA TURBIDA A R R
BAETIS FLAVISTRIGA C R C
BAETIS INTERCALARIS C C A
BAETIS PLUTO C R R
BAETIS TRICAUDATUS R
BAETISCA CAROLINA R
CENTROPTILUM SPP A R
DANNELLA LITA A
DANNELLA SIMPLEX C,
DRUNELLA CORNUTELLA R -
DRUNELLATUBERCULATA - R
DRUNELLA WALKERI C
EPHEMERELLA CATAWBA C C
EPHEMERELLA DOROTHEA A A A
EPHEMERELLA INVARIA(GR) A
EPHEMERELLA NEEDHAMI A
EPHEMERELLA SEPTENTRIONALIS A C
EPEORUS RUBIDUS G A
EPHEMERA SPP R
EPHORONLEUKON C
EURYLOPHELLA FUNERALIS C
EURYLOPHELLA VERISIMILIS A A A
HEPTAGENIA MARGINALIS R A
HETEROCLOEON ANOKA A
ISONYCHIASPP A A
LEUCROCUTA SPP A C R
NEOEPHEMERA PURPUREA R
PARALEPTOPHLEBIA SPP R
PLAUDITUS DUBIUS GR C A R A
POTAMANTHUS DISTINCTUS R C R
PROCLOEON SPP C
PSEUDOCLOEONPROPINQUUM A
MACCAFFERTIUM ITHACA A A A A
MACCAFFERTIUM MEDIOPUNCTATUM C
MACCAFFERTIUM MODESTUM R
SERRATELLA DEFICIENS C A R A
SERRATELLA SERRATOIDES A
SIPHLONURUS SPP C R
STENACRONINTERPUNCTATUM C R
STENACRON PALLIDUM C A
TRICORYTHODES SPP C
PLECOPTERA
ACRONEURIA ABNORMIS A A R C
AMPHINEMURA SPP R R
ISOPERLA DICALA C
ISOPERLA HOLOCHLORA A C
ISOPERLA ORATA R
ISOPERLA SLOSSONAE R
LEUCTRA SPP R
PARAGNETINA ICHUSA A C
PARAGNETINA IMMARGINATA 'A R
PERLESTA SPP C A A
PTERONARCYS BILOBA R
TALLAPERLA SPP R
TRICHOPTERA
CERATOPSYCHE BRONTA C C R
CERATOPSYCHE MOROSA R C R
CERATOPSYCHE SPARNA A A
CHEUMATOPSYCHE SPP A A C -
CHIMARRA SPP C
DOLOPHILODES SPP A R R
GLOSSOSONIA SPP C
HYDROPSYCHE BETTENI R R
HYDROPSYCHE DEMORA C
HYDROPSYCHE VENULARIS R R A
LEPIDOSTOMA SPP C R C

Appendix I. Continued.
Taxon CANE R CANE R CANE R CANE R
5/7/2008 7/10/2002 5/7/2008 5/7/2008
SR 1138 US 19E US 19E SR 1381
TRICHOPTERA--Con't
HYDROPSYCHE BETTENI R R
HYDROPSYCHE DEMORA C
HYDROPSYCHE VENULARIS R R A
LEPIDOSTOMA SPP C R C
LEUCOTRICHIA PICTIPES A C
LYPE DIVERSA R
MICRASEMA WATAGA A C C
MYSTACIDES NR ALAFIMBRIATA C C
MYSTACIDES SEPULCHRALIS C
NECTOPSYCHE EXQUISITA R R
NEOPHYLAX CONSIMILIS R
NEOPHYLAX OLIGIUS R R
NEURECLIPSIS.SPP C C R
NYCTIOPHYLAX CELTA R
NYCTIOPHYLAX NEPHOPHILUS R
OECETIS SPP R
OECETIS PERSIMILIS C R C
PHRYGANEIDAE R
POLYCENTROPUS SPP A C C
PYCNOPSYCHE SPP R R
PYCNOPSYCHE LEPIDA R R
RHYACOPHILA CAROLINA R
RHYACOPHILA GLABERRIMA R
SETODES SPP R C
TRIAENODES IGNITUS R R
COLEOPTERA
ANCHYTARSUS BICOLOR R
ANCYRONYX VARIEGATUS R
DINEUTUS SPP C C
DUBIRAPHIA SPP R
GYRINUS SPP C R
HELICHUS SPP A
HELICHUS BASALIS A R A
HELICHUS FASTIGIATUS R
HELICHUS LITHOPHILUS C
LACCOBIUS SP R
MACRONYCHUS GLABRATUS C C R A
NEOPORUS SPP R
OPTIOSERVUS SPP R
PROMORESIA ELEGANS A A
PSEPHENUS HERRICKI A A A
SPERCHOPSIS TESSELLATUS R
STENELMIS SPP C C R
TROPISTERNUS SPP R
ODONATA
ARGIA SPP A A C
BOYERIA VINOSA C A R R
CALOPTERYX SPP R C A C
CORDULEGASTER SPP R R
ENALLAGMA SPP A
EPITHECA SPP R
GOMPHIDAE R
GOMPHUSSPP C R C C
HAGENIUS BREVISTYLUS R R R C
HELOCORDULIA SPP R R
LANTHUS SPP A R
MACROMIA SPP C C A
OPHIOGOMPHUS SPP C C C
STYLOGOMPHUS ALBISTYLUS R C R
MEGALOPTERA
CORYDALUS CORNUTUS A C C

i
Appendix I. Continued.
Taxon CANE R CANE R CANE R CANE R
517/2008 7/10/2002 5/7/2008 5l7/2008
SR 1138 US 19E US 19E SR 1381
MEGALOPTERA--Con't
NIGRONIA SERRICORNIS C
DIPTERA:CHIRONOMIDAE
ABLABESMYIA MALLOCHI C R
ABLABESMYIA PARAJANTA/JANTA R
ABLABESMYIA SIMPSONI R
BRILLIA SPP C C
CRICOTOPUS BICINCTUS:C/O SP1 A A A
ORTHOCLADIUS RIVICOLA A C
CRICOTOPUS(C.)FUGAX GR R
CRICOTOPUS VIERIENSIS GR:C/O SP46 R R
CRICOTOPUS INFUSCATUS GR:C/O SP5 C A A A
CRICOTOPUS VARIPES GR:C/O SP6 C
ORTHOCLADIUS DORENUS C
CARDIOCLADIUS SPP R A C
CHIRONOMUS SPP R R
CLADOTANYTARSUS SPP R A
CLADOTANYTARSUS SP2 C
CLADOTANYTARSUS SPB R
CLINOTANYPUS PINGUIS C
CONCHAPELOPIA GROUP C C C C
CORYNONEURA SPP C R C C
CRICOTOPUS SPP C
CRICOTOPUS LUCIAE/TREMULUS R
CRYPTOCHIRONOMUS SPP R C
CRYPTOCHIRONOMUS FULVUS A
CRYPTOTENDIPES SPP R C -_
DEMICRYPTOCHIRONOMUS SPP R
DIAMESA SPP R
DICROTENDIPES NEOMODESTUS R C
EUKIEFFERIELLA PSEUDOMONTANA GR R
EUKIEFFERIELLA CLARIPENNIS GR(E SP11) C R R
EUKIEFFERIELLA GRACEI GR(ESP14) R
EUKIEFFERIELLA DEVONICA GR(E SP2) R C
TVETENIA DISCOLORIPES GR(E SP3) R
LABRUNDINIA PILOSELLA R
MICROTENDIPES SPP A
MICROTENDIPES SP1 R
NANOCLADIUS SPP C C R
ODONTOMESA FULVA R
ORTHOCLADIUS SPP R R
POLYPEDILUM AVICEPS C
POLYPEDILUM FALLAX C R A C
POLYPEDILUM FLAVUM A A
POLYPEDILUM HALTERALE GR R
POLYPEDILUM ILLINOENSE GR A R A
POLYPEDILUM LAETUM C R
POLYPEDILUM SCALAENUM R A
PAGASTIA SPP R
PARAKIEFFERIELLA TRIQUETA R
PARAMETRIOCNEMUS LUNDBECKI C C R C
PARATENDIPES SPP R
PHAENOPSECTRA SPP R R
POTTHASTIA GAEDI R
PROCLADIUS SPP C
PSEUDOCHIRONOMUS SPP R R
RHEOCRICOTOPUS ROBACKI R
RHEOTANYTARSUS SPP C A
STENOCHIRONOMUS SPP R
SUBLETTEA COFFMANI R
SYNORTHOCLADIUS SPP C
TANYTARSUS SPP C
TANYTARSUS SP.U R
THIENEMANIELLA SPP C C /
��iI

Appendix I. Continued.
Taxon CANE R CANE R CANE R CANE R
5/7/2008 7/1012002 5l7/2008 5/7/2008
SR 1138 US 19E US 119E SR 1381
DIPTERA:CHIRONOMIDAE--Con't
TRIBELOS SPP A
TRIBELOSJUCUNDUM C C
TVETENIA BAVARICA GR R
TVETENIA VITRACIES R
ZAVRELIMYIA SPP R
MISC.DIPTERA
ANTOCHA SPP C A
ATHERIX SPP C R
PALPOMYIA COMPLEX R
CHRYSOPS SPP R R R
DICRANOTA SPP R
EMPIDIDAE R
HEXATOMA SPP R
PROBEZZIA R
PROTOPLASA FITCHII R
SIMULIUM SPP A A R
TIPULA SPP R R R
OLIGOCHAETA
LIMNODRILUS HOFFMEISTERI R
LUMBRICULIDAE C R
NAIS SPP A
TUBIFICIDAE R R
CRUSTACEA
CAMBARIDAE R R
- PELECYPODA
CORBICULA FLUMINEA C
PISIDIUM SPP C R
GASTROPODA
ELIMIA SP C A C C
F'ERRISSIA SPP A C C
HELISOMA ANCEPS R A
PHYSELLA SPP A R C
OTHER
HYDRACARINA R R C
PETROPHILA SP R
PROSTOMA GRAECENS R

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
/ f Coleen H.Sullins,Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 28, 2008
Mr. James Rice
Northview Mobile Home Park
329 Emma Road
Asheville, North Carolina 28806
Subject: Compliance Evaluation Inspection
Northview Mobile Home Park
Wastewater Treament Plant
NPDES Permit No. NCO067342
Buncombe County
Dear Mr. Rice:
On July 25, 2008 Ms. Janet Cantwell and I inspected the wastewater treatment plant serving
your Northview Mobile Home Park. We observed the following:
• Wastewater entering the plant at such a high rate (greater than 50 gpm) of flow that activated
sludge was being washed over the clarifier effluent weir. In fact the rate of flow was so great
that human feces was floating on the surface of the circular clarifier, something which I have
never seen before at any wastewater treatment plant.
• An activated sludge having an unhealthy appearance.
• Aeration basin Dissolved Oxygen of 0.4 mg/I which is not sufficient to maintain a healthy
activated sludge.
• Accumulation of trash inside the fence.
• Plant grounds needing landscaping so as to eliminate a tripping hazard.
• The circular clarifier effluent weir not level.
Northcarolina
Vatt allf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877/623-6748

There are several things you need to do. Some of these can be accomplished immediately,
some will take longer.
Those falling in the immediate category are:
• Level the circular clarifier effluent trough.
• Fill in holes within the fence to eliminate a tripping hazard.
• Modify piping so that the clarifiers operate in parallel rather than series. This will have
the effect of substantially reducing clarifier weir overflow rates.
• Place a dumpster inside fence to allow operator to clean the place up.
• Give the operator in responsible charge the authority to manage the sludge. Nothing
is more important to the proper operation of an activated sludge wastewater treatment
plant than sludge management. Responsibility for this activity should be assigned to
your operator who has had training in this matter.
At the very least you need to build a flow equalization basin in front of the treatment plant.
Present flow rates are overwhelming the aeration basin and clarifiers. While you are building a flow
equalization basin consider building additional treatment units which would allow you to treat and
discharge up to 50,000 gpd as allowed by your present NPDES Permit.
Within a couple of weeks I would like to hear from you regarding your intentions relating to the
issues raised in this letter. By that time most of the items mentioned should have been dealt with.
Should it be helpful, I would be glad to meet with you to discuss plant flow equalization/plant
expansion.
Sincerely,
Roy Davis
Environmental Engineer
cc: James Queen, ORC
Roger Edwards, ARO
Janet Cantwell, ARO
Surface Water Protection Section Central Files
GAWPDATA\DEMWQ\Buncombe\67342 North View MHP\Northview MHP Letter. 08.doc

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins.Director
1 Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 28, 2008
Mr. Jay Gibson, Public Works Director
Town of Franklin
188 West Main St
Franklin, North Carolina 28734
SUBJECT: Compliance Evaluation Inspection
Town of Franklin
Wastewater Collection System
Permit No: WQCS00101
Macon County
Dear Mr Gibson:
Attached you will find the report resulting from the Town of Franklin wastewater
collection system Compliance Evaluation Inspection which I conducted on July 24, 2008.
It was my determination that the Town is doing a good job of caring for its collection
system.
The Town of Franklin needs to develop a means to document the annual
inspection of the entire collection system. We discussed the possible use of a system
map for this purpose.
The Town should continue its system mapping efforts. Such maps need, among
other things, to show pump station names and capacities.
Be mindful that all collection system permits require that at least 10% of the
system be cleaned annually and that activity be documented.
In the future please attach copies of any necessary press releases or public
notices to the .corresponding 5-day SSO report.
o ehCarolina
NNaturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

Please do not hesitate to call should you need to discuss the Town's wastewater
collection system program of operations and maintenance.
Sincerely,
/ 1
Roy M. Davis
Environmental Engineer
Enclosure
cc: Sam Greenwood. Town Manager
PERCS Files
Surface Water Protection Central Files
Asheville Files
GAWPDATA\DEMWQ\Macon\Franklin Collection System\CS Inspection Cover Letter.08.doc

Compliance Inspection Report
Permit: WQCS00101 Effective: 10/01/07 Expiration: 09/30/12 Owner: Town of Franklin
SOC: Effective: Expiration: Facility: Franklin Collection System
County: Macon 70 W Main St
Region: Asheville
Franklin NC 28734
Contact Person: David E Henson Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0021547 Town of Franklin-Franklin WWTP
Inspection Date: 07/24/2008 Entry Time: 09:00 AM Exit Time: 11:45 AM
Primary Inspector: Roy M Davis Phone: [phone]
Ext.4659
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ■ Compliant [I Not Compliant
Question Areas:
®Miscellaneous Questions ®Performance Standards ®Operation&Maint Reqmts Records
®Monitoring&Rpting ®Inspections ®Pump Station ®Lines
Reqmts
(See attachment summary)
Page: 1

Permit:WQCS00101 Owner-Facility:Town of Franklin
Inspection Date: 07/24/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine \
Inspection Summary:
Town of Franklin is doing a good job of daily operations and maintenance of its collection system.
Town needs to develop a means to document annual inspection of entire system, continue mapping system including
showing pump station names and their capacities, be aware of permit requirement to clean 10% of system annually, and
attach press releases to copy of 5-day SSO report.
j- �
l
Page: 2

Permit:WQCS00101 Owner-Facility:Town of Franklin
Inspection Date: 07/24/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? ❑ ❑ ❑
What educational tools are used?
Is Sewer Use Ordinance/Legal Authority available? E ❑ ❑ ❑
Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ❑
Is Grease Trap Ordinance available? 00 ❑ ❑
Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ ❑ ❑
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? ❑ ■ ❑ ❑
Does CIP include description of project area? ■ ❑ ❑ ❑
Does CIP include description of existing facilities? ❑ ■ ❑ ❑
Does CIP include known deficiencies? ® ❑ ❑ ❑
Does CIP include forecasted future needs? ■ ❑ ❑ Cl
Is CIP designated only for wastewater collection and treatment? ■ ❑ ❑ ❑
Approximate capital improvement budget for collection system?
Total annual revenue for wastewater collection and treatment? $2,528,500.00
CIP Comments
Above revenue is for both water and sewer.Town plans to build new River View pump station and flow
equalization basin at WWTP. Money to finance project will be borrowed as necessary.
Is system free of known points of bypass? ■ ❑ ❑ ❑
If no,describe type of bypass and location
NA
Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑
#Does the sign include:
Instructions for notification? ■ ❑ ❑ ❑
Pump station identifier? ■ ❑ ❑ ❑
24-hour contact numbers ■ ❑ ❑ ❑
If no list deficient pump stations
None
Page: 3

Permit:WQCS00101 Owner-Facility:Town of Franklin
Inspection Date: 07/24/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? n ■ n 0
Number of pump stations 9
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry 2
Number of pump stations that have only audible and visual alarms 7
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? n ■ n n
#If yes,date implemented?
Describe:
Town does not practice chemical root control.
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ ❑ Q n
Are records available that document pump station inspections? ■ n n n
Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n n n
Are non-SCADA/telemetry equipped pump stations inspected every day? ■ n n nl
Are records available that document citizen complaints? ■ n n n
#Do you have a system to conduct an annual observation of entire system? n ■ Q n
#Has there been an observation of remote areas in the last year? ■ ❑ n ❑
Are records available that document inspections of high-priority lines? ■ ❑ n n
Has there been visual inspections of high-priority lines in last six months? ■ n n n
Comment: Town cannot document annual inspection of entire system although it is
the inspectors feeling that entire system is seen annually.
Operation & Maintenance Requirements Yes No NA NE
Are all log books available? ■ C3 ❑ n
Does supervisor review all log books on a regular basis? ■ n ❑ n
Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ n
What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas?
As needed.
Are maintenance records for equipment available? ■ n n n
Is a schedule maintained for testing emergency/standby equipment? ❑ ❑ ❑
What is the schedule for testing emergency/standby equipment?
Page: 4

Permit:WQCS00101 Owner-Facility:Town of Franklin
Inspection Date: 07/24/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Do pump station logs include:
Inside and outside cleaning and debris removal? ❑ ❑ ❑
Inspecting and exercising all valves? ❑ ❑
Inspecting and lubricating pumps and other equipment? 0 ❑ ❑
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? N Cl ❑ n
Are system cleaning records available? ❑ ❑ n
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 ■ ❑ ❑ In
Access to cleaning equipment ® ❑ ❑ ❑
Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑
Source of emergency funds ❑ ■ ❑ ❑
Site sanitation and cleanup materials ■ ❑ ❑ Cl
Post-overflow/spill assessment ■ ❑ ❑ ❑
Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑
Is the spare parts inventory adequate? ❑ ❑ ❑ ■
Comment:
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? ■ ❑ Q ❑
Is a map of the system available? ■ ❑ ❑ ❑
Page: 5

Permit:WQCS00101 Owner-Facility:Town of Franklin
Inspection Date: 07/24/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Does the map include:
Pipe sizes ❑ ❑ ❑
Pipe materials ■ ❑ ❑ ❑
Pipe location ■ ❑ ❑ ❑
Flow direction ■ ❑ ❑ ❑
Approximate pipe age ❑ ■ ❑ ❑
Number of service taps ■ ❑ ❑ ❑
Pump stations and capacity ❑ ■ ❑ ❑
If no,what percent is complete? 70
List any modifications and extensions that need to be added to the map
#Does the permittee have a copy of their permit? ■ ❑ n ❑
Comment:
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑
Are public notices and proof of publication available? ■ ❑ ❑ ❑
#Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ ❑ Cl ❑
#Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑
If no,which one(s)?
Comment:
EAST FRANKLIN -East of Little T
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? ■ ❑ ❑ ❑
Is it accessible in all weather conditions? ■ ❑ ❑ ❑
#Is general housekeeping acceptable? ■ ❑ ❑ ❑
Are all pumps present? ❑ ■ ❑ ❑
Are all pumps operable? ❑ ■ ❑ ❑
Are wet wells free of excessive debris? ■ ❑ ❑ ❑
Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ ❑ ❑
Page: 6

Permit:WQCS00101 Owner-Facility:Town of Franklin
Inspection Date: 07/24/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Are floats/controls for pumps/alarms operable? ■ n n n
Is"auto polling"feature/SCADA present? n n ■ n
Is"auto polling"feature/SCADA operational? n n ■ n
Is simple telemetry present? n n n
Is simple telemetry operational? ® n n n
Are audio and visual alarms present? ■ n ❑ n
Are audio and visual alarms operable? ■ n n n
Is the Pump station inspected as required? ® n n n
Are backflow devices in place? ® n Q n
Are backflow devices operable? n o n
n
n ■
Are air relief valves in place? n
Are air relief valves operable? n n n
# Is an emergency generator available? n ■ n n
Can the emergency generator run the pumps? n n ■ n
Is the pump station equipped for quick hook-up? ■ n n ❑
Is the generator operable? n n ■ ❑
#Is fuel in tank and sufficient? ❑ n ■ n
Is the generator inspected according to their schedule? n n ■ n
Is a 24-hour notification sign posted? ■ n n n
Does it include:
Instructions for notification? ® n ❑
Pump station identifier? ■ n n n
Emergency phone number ■ n n n
Is public access limited? ® n ❑ n
Is pump station free of overflow piping? ■ ❑ n n
Is the pump station free of signs of overflow? ■ Cl n n
Are run times comparable for multiple pumps? NE
Comment: One of the two dry well pumps has been pulled. Emergency pump is on
site and hooked up should it be needed.
Page: 7

�.,�
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Michael F.Easley,Governor
QC William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
--1
Coleen H.Sullins,Director
Division of Water Quality
July 29,2008
Jackson County
DWQ Project No. 081116
NCSR 1449(Cope Creek Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division 14 Engineer .
N C Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
two (2) unnamed tributaries to Cope Creek, for the purpose of widening and making improvements to NCSR 1449(Cope
Creek Road) in Jackson County:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream
Fill in Intermittent Stream Perennial Stream Dewatering in Impact Impacts
Intermittent (linear h) (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear (linear ft) Mitigation
- ft
linear ft
1 -STA. 0 0 16 75 91 0
33+45
2-STA. 0 0 16 75 91 0
60+65
Total 0 0 32 150 182 0
Total Stream Permanent Impact for Project: 32 linear feet. Temporary Impact for Project: 150 linear feet.
The project should be constructed in accordance with your application dated July 15, 2008 (received July 17, 2008),
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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock
and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work.
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.
None hCarolina
�atura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Mr. J. B. Setzer, P.E.
July 29, 2008
Page Two
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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of January 1 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
5. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW) or Water Supply I or II (WS-1, WS-II), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
7. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification
16. 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.
17. 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.

Ler, P.E.
-008
Three
18. 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.
19. 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 or Federal law. If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
21. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh,North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
"his 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,
CIA
/0, Coleen H. Sullins,Director
Division of Water Quality
cc: Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
David Baker,USACE,Asheville Field Office
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
081116(Setzer)NCSR 1449(Cope Creek Road)

� Q Michael F.Easley,Governor
William G.Ross Jr.,Secretary
t7 North Carolina Department of Environment and Natural Resources
(} Coleen H.Sullins,Director
Division of Water Quality
July 29, 2008
DWQ Project# 08-0537
Avery County
Landstar Development, LLC
Brian Hamby
17505 West Catawba Ave. Suite 350
Cornelius NC 28031
Subject Property: Landstar Development-Alpine Creek
Cranberry Creek, UT to Cranberry Creek
Watauga Basin
Approval of 401 Water Quality Certification
Dear Mr.Hamby:
You have our approval, in accordance with the attached conditions and those listed below,to place fill
within or otherwise impact 145 feet of streams for the purpose of road access of the subject property, as
described within your application dated 7/21/08 and received by the N.C. Division of Water Quality
(DWQ)on 7/23/08. This application package included added information to the original application
package dated 6/19/08 and received by DWQ 6/24/08. After reviewing your application,we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705).
The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of
Engineers(USACE). In addition,you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including(but not limited to)Erosion and
Sediment Control,Non-discharge, and Stromwater regulations. Also,this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project,you must notify us and you may be required to send us 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 fills for this project(now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification.
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts: one
NorthCarolina
Aatura«y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Landstar-.,
r 4�
71G,.
Stream Amount Approved(Units) Plan Location or Reference
Cranberry Creek 39 (feet) Culvert#16
UT Cranberry Creek 57 (feet) Culvert#11
Cranberry Creek 49 feet Culvert#7
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The 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 404 or CAMA Permit.
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 the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly'in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
Coleen H. Sullins,Director
Enclosures: GC 3705
Certificate of Completion
cc: 401 Unit
USACE Asheville Regulatory Field Office
Avery County Planning
File Copy
Central Files
Shield Engineering
David Weikle
4301 Taggart Creek Rd
Charlotte,NC 28208
GAWPDATA\DEM WQ\Avery\401 sWpineCrk08-0537-approval.doc

Michael F.Easley,Governor
William G.Ross Jr.,Secretary.
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
j Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 29, 2008
.CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 8092
Mr. George W. Ware, Owner
High Country Home Care Inc.
P.O. Box 658
Newland,North Carolina 28657
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 NCO060224
High Country Home Care Inc
Jonas Ridge Adult Care Facility WWTP
Case No. LV-2008-0259
Burke County
F �
Dear Mr. Ware:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$315.00
($250.00 civil penalty+ $65.00 enforcement costs) against High Country Home Care Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by High Country Home Care Inc. for the month of April 2008.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0060224. The violations which occurred in
April 2008 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that High Country Home Care Inc.
violated the terms, conditions or requirements of NPDES Permit NCO060224 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against High Country Home Care Inc.:
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. \
$250.00 NC0060224, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NI13-N.
$250.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$315.00 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 J
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

-eyed:
(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

OIL
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center .
Raleigh,North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Enforcement Files w/attachments t 1
Water Quality Lab & Operations/ORC w/attachments
GAWPDATA\DEMWQ\Burke\60224 Jonas Ridge\LV-2008-0259.60224.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2008-0259 County: Burke
Assessed Party: High Country Koine Care Inc./Jonas Midge WWTP
Permit No.: NCO060224 Amount Assessed: $315.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONML.,
AND NATURAL RESOURCES.,
COUNTY OF BURKE �\
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF PACTS
HIGH COUNTRY HOME CARE INC. )
JONAS RIDGE N. H. WWTP )
PERMIT NO. NCO060224 } FILE NO. LV-2008-0259
Having been assessed civil penalties totaling$315.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 29, 2008, 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
r
SIGNATURE
ADDRESS
TELEPHONE

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
J Division of Water Quality
"C
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 29, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 8085
Mr. Jim Schenker, Environmental Associate
TA Operating Corporation
24601 Center Ridge Road
Westlake, Ohio 44145-5334
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 NCO085952
TA Operating Corporation
Candler Travel Center
Case No. LV-2008-0258
Buncombe County
Dear Mr. Schenker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$215.00
($150.00 civil penalty+ $65.00 enforcement costs) against TA Operating Corporation.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by TA Operating Corporation for the month of April 2008.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in
April 2008 are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that TA Operating Corporation violated
the terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against TA Operating Corporation:
NorthCarolina
NaturallY
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit Nc:'�
$.00 NC0085952, by discharging waste water into the waters of the State \�
in violation of the Permit Monthly Average limit for BOD.
1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$150.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
$150.00 TOTAL CIVIL, PENALTY
$65.00 Enforcement Costs
$215.00 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 r
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources(do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
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

a detailed statement that establishes why you believe the civil penalty should be
,.fitted, 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 ComplianceBnforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative -
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one(1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
.and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roger�C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James & James Environmental/ORC w/attachments
GAVvTDATA\DEMWQ0uncombe\85952 Candler Travel Center\LV-2008-0258.85952.doe

JUSTIFICATION FOR REMISSION REQUEST
1DWQ Case Number: LV-2008-0258 County: Buncombe
Assessed Party: TA Operating/Candler Travel WWTP
Permit No.: NC0085952 Amount Assessed: $215.00
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 ENVIRONML
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
TA OPERATING CORP/CANDLER TRAVEL )
PERMIT NO.NCO085952 ) FILE NO. LV-2008-0258
Having been assessed civil penalties totaling $215.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 29, 2008, 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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Michael F. Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Aa) Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 29, 2008
CERTIFIED MAIL
RETURN RECEIPT REQi1ESTED 7002 0460 0001 9899 8078
Mr. Wittner Wright
Havon Inc.
P.O. Box 1180
Candler,North Carolina 28715
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 NCO075388
Havon Inc.
Pleasant Cove Home WWTP
Case No. LV-2008-0256
Buncombe County
f
Dear Mr. Wright:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$165.00
($100.00 civil penalty+ $65.00 enforcement costs) against Havon Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Havon Inc. for the month of April 2008. This review has
shown the.subject"facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC00753 88. The violations which occurred in April 2008
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms;
conditions or requirements of NPDES Permit NCO075388 and G.S. 143-215,1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215,1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Havon Inc.:
No karolina
�aturaltr�
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.'`
$.00 NC0075388,by discharging waste water into the waters of the State \\\�
in violation of the Permit Monthly Average limit for NII3-N.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0075388, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$100.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$165.00 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

a detailed statement that establishes why you believe the civil penalty should be
.j.iitted, 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

A
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed- provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
A� C.
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
James & James Environmental/ ORC w/ attachments
GAWPDATA\DEMWQ\l3uncombe\75388 Pleasant Cove-Canterbury\LV-2008-0256.75388.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LY-2008-0256 County: Buncombe
Assessed Party: Ilavon Inc./Pleasant Cove WWTP
Permit No.: NC0075388 Amount Assessed: $165.00
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 ENVIRONM1'_
AND NATURAL RESOURCES.
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AI)MINSTRATIVE HEARING AND
STIPULATION OF FACTS
HAVON INC)PLEASANT COVE
NURSING HOME WWTP )
PERMIT NO.NCO075388 ) FILE NO. LV-2008-0256
Having been assessed civil penalties totaling $165.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 29, 2008,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
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OF W A 9 Michael F. Easley, Governor
O� G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co
- Coleen H. Sullins, Director
Division of Water Quality
Asheville
July 29, 2008
Mr. Sam Greenwood, Town Manager
Town of Franklin
188 West Main Street
Franklin, North Carolina 28734
Subject: Permit No. WQ0033281
Town of Franklin
NC Highway 28 Sewer Replacement
Wastewater Collection System Extension
Macon County
--- Dear Mr. Greenwood:
In accordance with your application received on July 21, 2008 we are forwarding herewith
Permit No. WQ0033281, dated July 29, 2008 to the Town of Franklin for the construction and operation
of the subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is incorporated therein by reference. Please
send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system
extension.
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 .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone] NOne
orthCaro/l/ina
DENR Customer Service Center Telephone [phone] Natmallry
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Town of Franklin July 29, 2008 Page 2 \
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolinaas amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Town of Franklin for the construction and operation of approximately 769 linear feet of 8-
inch diameter gravity sewer as a part of the NC Highway 28 sewer rehabilitation project with the
discharge of no additional wastewater into the Town of Franklin's existing sewerage system, pursuant
to the application received on July 21, 2008 and in conformity with 15A NCAC 2T .0200; the Division's
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted
June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of Franklin's
Wastewater Treatment Facility (Permit No. NC0021547) prior to being discharged into the receiving
stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Macon County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0021547)
Ali Koucheki, PE
Surface Water Protection Section Central files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TOWN OF FRANKLIN
NC HIGHWAY 28 SEWER REHABILITATION
MACON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033281
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
" 2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
1

Permit No WQ0033281 Town of Franklin NC Highway 28 Sewer Rehabilitation, Macon County, July 29 2008', ,
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 .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6Athrough §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
i

No W00033281 Town of Franklin NC Highway 28 Sewer Rehabilitation Macon County, July 29. 2008
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 29th day of July, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Co en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033281'
3

Permit No W00033281 Town of Franklin NC Highway 28 Sewer Rehabilitation Macon County. July 29 2008'
ENGINEERING CERTIFICATION -POST CONSTRUCTION
System Description:
769 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina,having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced \
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such.that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
..............................................................................
.................:
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be 1
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

r Q Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
i
July 29, 2008
Donna D. Thompson
PO Box 176
Little Switzerland, NC 28749
Subject: Stormwater Permit No. SW1080501
Balla Machree _
Low Density Subdivision Permit
McDowell County
Dear Ms. Thompson:
The Asheville Regional Office received a complete Stormwater Management Permit Application for Balla
Machree on July 24, 2008. 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. SW1080501 dated July 28, 2008, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein, and does not supercede any other agency permit that may be required.
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 sixty (60) days following receipt of this permit.
This request must be in the form of.a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC
27611-7447. 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 either Starr
Silvis or me at(828) 296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Asheville Regional Office
Surface Water Protection Section
cc: Mr. Tom Freeman, Freeman Environmental Consulting, LLC, 411 Lower Hanging Rock Road,
Spruce Pine, NC 28777
ARO
Central Files
N��rthCarolina
�atura!!r�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Mcdowell\Stormwater Management\Balla Machree\Cover Letter.doc
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

State Stormwater Management Systems
Permit No.SW1080501
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER (QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Donna D. Thompson, LAD, NC, LLC
Balla Machree
3878 US Highway 226 A
Marion, NC
McDowell County
FOR THE
construction, operation and maintenance of a 11.8% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 15 lots is limited to a maximum {amount of built-upon area as
indicated in Section 11.11 of this permit} of 40,946 square feet of built-upon area,
as indicated in the approved plans.
2. The overall tract built-upon area percentage for the project must be maintained
at 12% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Pro' cts covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
Page 1 of 4

State Stormwater Managements��
Permit No.SW1080-
I1. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any of the items shown on the approved plans, including
the stormwater management system, design concept, built-upon area,
details, etc.
b. Project name change.
C. Transfer of ownership. �.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minimum amount
needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual
9. The permittee is responsible for verifying that the proposed built-upon area does
not exceed the allowable built-upon area. Once the lot transfer is complete, the
built-upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meeting the built-upon area limit is transferred to
the individual property owner, provided that the permittee complies with the
requirements of Section 11.11 and 11.12 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
Any deviation from the approved plans must be noted on the Certification.
Page 2 of 4

State Stormwater Management Systems
Permit No.SW1080501
Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW1080501 as issued by
the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is 40,946 square feet. This allotted
amount includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina,
but does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings,
is strictly prohibited by any persons.
i. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.
12. The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
13. If the permittee sets up an Architectural Review Committee or Board (ARC or
ARB) to review plans for compliance with the restrictions, the plans reviewed
must include all proposed built-upon area (BUA). Any approvals given by the
ARC or ARB do not relieve the lot owner of the responsibility to maintain
compliance with the permitted BUA limit.
14. 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.
15. All stormwater conveyances will be located in either dedicated right-of-way
(public or private), recorded common areas or recorded drainage easements.
The final plats for the project will be recorded showing all such required
easements, in accordance with the approved plans.
Page 3 of 4

State Stormwater Management
- Permit No.SW1080
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. 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.
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 the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1.000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the 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 both 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.
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third
parties by the permittee where the required documentation has not been
submitted to and approved by the Division does not relieve the permittee of
responsibility for transferring the permit.
7. 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. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 28t" day of July 2008.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
_- P- ---- -------------------------------
for een H. Sullins Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 4 of 4

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
ram" Coleen H.Sullins,Director
-r Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 29, 2008
Ms. Jeannie Stewart, General Manager
Fontana Village Resort
P.O. Box 68
Fontana Dam, North Carolina 28733
SUBJECT: Compliance Evaluation Inspection
Fontana Village Resort
Wastewater Treatment Plant
NPDES Permit No: N00023086
Graham County
Dear Ms. Stewart:
Attached is the report resulting from the wastewater treatment plant Compliance
Evaluation Inspection which I conducted at Fontana Village Resort on July 29, 2008.
observed two items needing your attention. The Wastewater treatment plant is
equipped with an emergency blower. This blower has not been run in over a year.
Please return the piston engine and blower to full service and place them on a regular
maintenance schedule. Engines used only for emergency purposes, such as this one,
are normally run weekly. The chlorine contact and settling basin following have a
substantial accumulation of dead sludge. Please have this sludge removed. Please inform
me in writing when these items are attended to.
Mike Ladd tells me he no longer has an involvement with the wastewater treatment
plant serving Fontana Village Resort. Please complete the attached Operator
Designation Form and return to the indicated address.
None
rthCarolina
Naturally2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

Please refer to the enclosed Inspection report for additional observations and �
comments. I look forward to being informed that the corrective action has been
completed at the wastewater treatment plant.
-
Sincerely,
Roy Davis
Environmental Engineer
Enclosure
cc: Asheville Regional Office Files
Surface Water Protection Central Files
Steve Reid (Without Enclosure)
Jeff Williams, Fontana Village Resort
Dennis Pilkington, Fontana village Resort
GAWPDATA\DEMWQ\Graham\23086 Peppertree Fontana Village\23086-CEl-Fontana Village.08.doc

United States Environmental Protection Agency Form Approved.
E /� Washington,D.C.20460
Inp{�A OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO023086 111 121 08/07/29 117 181 CI 19I S1 201
Remarks
21111111111111111111111111111111111111111IIIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 701 31 711 1 721 NI 73I I '74 751 1 1 1 1 1 1 1 80
Section B:, Facility Data �.�!
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
1
Peppertree Fontana Village 1:45 AM 08/07/29 07/11/01
Fontana Village Resort Exit Time/Date Permit Expiration Date
Fontana Dam NC 28733 01:45 PM 08/07/29 12/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Jeannie Stewart,PO Box 68 Fontana Dam NC Contacted
_ 28733//828-498-2211/8284982345 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Flow Measurement ®Operations&Maintenance ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Roy M Davis ARO WQ//828-296-4500 Ext.4659/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1\
3I NCO023086 I11 12� 08/07/29 I17 18N
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Concrete of this WW II era 1M/VTP is starting to deteriorate.
Drive engine for emergency blower has not been run in a very long time.
Chlorine contact tank and tank following have a substantial accumulation of activated sludge (pin floc).
Page# 2

Permit: NCO023086 Owner-Facility: Peppertree Fontana Village
Inspection Date: 07/29/2008 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge ❑ ❑ ❑
Judge, and other that are applicable?
Comment: Plant was possibly built during M IL
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? IDDED
Is the facility as described in the permit? ® ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ® n ❑
Is access to the plant site restricted to the general public? 0 0
Is the inspector granted access to all areas for inspection? M ❑ ❑ Cl
Comment: Permit Contains residual chlorine limit but no fecal colifirm limit.
Flow Measurement-Influent Yes No NA NE
#Is flow meter used for reporting? ❑ n
Is flow meter calibrated annually? ® ❑ ❑ ❑
Is the flow meter operational? ® ❑ ❑ ❑
(If units are separated)Does the chart recorder match the flow meter? ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? m 0 ❑ ❑
Is the screen free of excessive debris? ® ❑ ❑ ❑
Is disposal of screening in compliance? ® ❑ Cl ❑
Is the unit in good condition? ® ❑ ❑ lJ
Comment:
Secondary.Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑
Are weirs level? ❑ ❑ n
Page# 3

Permit: NCO023086 Owner-Facility: Peppertree Fontana Village
A
Inspection Date: 07/29/2008 Inspection Type: Compliance Evaluation \
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ® n n ❑
Is the site free of evidence of short-circuiting? ® ❑ 0 0
Is scum removal adequate? ® n n n
Is the site free of excessive floating sludge? ® n n n
Is the drive unit operational? ® n In n
Is the return rate acceptable(low turbulence)? ® n n n
Is the overflow clear of excessive solids/pin floc? ® ❑ n
Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) fl n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ ❑ n
Are surface aerators and mixers operational? ■ ❑ n n �\
Are the diffusers operational? ■ ❑ n ❑
Is the foam the proper color for the treatment process? ® ❑ n n
Does the foam cover less than 25%of the basin's surface? ■ ❑ n n
Is the DO level acceptable? Cl ❑ n
Is the DO level acceptable?(1.0 to 3.0 mg/1) n ❑ ❑
Comment:
Page# 4

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
pColeen H.Sullins,Director
—I Division of Water Quality
Y
Asheville Regional Office
SURFACE WATER PROTECTION
July 30, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2530
Ms. Jeannie Stewart, General Manager
Fontana Village (Resort
Post Office Box (38
Fontana Dam, North Carolina 28733
SUBJECT: Illegal Discharge
Fontana Village Resort
Water Treatment Plant
Graham County
Dear Ms. Stewart:
In the State of North Carolina wastewater can only be discharged to a stream in
accordance with a permit issued by the North Carolina Environmental Management
Commission. Fontana Village, Inc. holds no permit to discharge wastewater generated by
operation of its water treatment plant to a tributary of the Little Tennessee River.
On July 29, 20081 observed that the motor/pump assembly used to pump water
plant wastewater, to the Fontana Village Resort sewage treatment plant was missing its
belts. Without an operable pumping systems, water plant wastewater overflows the
holding basin to the State's surface waters. This illegal discharge is to cease immediately.
The -General Statutes subject anyone discharging wastewater without benefit of
the-regw-red--pew to-penaities--af-up-to$25;00",erN*Ia#fon-with--each-day-thet-an-tlfegal —
discharge continues being considered a separate violation.
WO'A Cnolina
Naturally
2090 U.S.Highway 70,Svvannanoa, NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

A
Please inform me in writing when the water plant wastewater pumping system is
fully operable.
Sincerely,
Roy Davis
Environmental Engineer
cc: Asheville Regional Office Central Files
Surface Water Protection Section Central Files
Ray McCall, Public Water Supply Section, ARO
Jeff Williams, Fontana Village Resort
Betty Williams, Fontana village Resort
G:\WPDATA\DEMWQ\Graham\23086 Peppertree Fontana Village\Fontana Village- Illegal Water Plant
Discharge.08.doc

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
rColeen H.Sullins,Director
- Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 30, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2523
Mr. Gregory A.Ward
Trillium Links &Village LLC
P.O. Box 2644
Cashiers,North Carolina 28717
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6)
and NPDES Permit NCO059200
Trillium Links &Village LLC WWTP
Case No. LV-2008-0261
Jackson County
Dear Mr. Ward:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$715.00
($650.00 civil penalty+ $65.00 enforcement costs) against Trillium Links &Village LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Trillium Links & Village LLC for the month of April
2008. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0059200. The violations which
occurred in April 2008. are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Trillium Links &Village LLC
violated the terms, conditions or requirements of NPDES Permit NCO059200 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
-----prov-ided--by-the-Seer-etar-y-af-the Depar-tmznt of-Environmont and-Nat-ur-a1-Re-sourc€s-and-the -__-.----
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Trillium Links & Village LLC:
ne
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet:www.ncwaterguality.org FAX [phone] 623-7748

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0059200, by discharging waste water into the waters of the State \\
in violation of the Permit Monthly Average limit for BOD.
4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. ~"
$400.00 NC0059200, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
$650.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$715.00 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
u sleigh;North Carolina-2769-9-1-6-L7 - - - --
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

a detailed statement that establishes why you believe the civil penalty should be
.fitted, 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 ofAdministrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Rogeir "Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
RPB Systems Inc./ORC w/attachments
G:\WPDATA\DEMWQ\Jackson\59200 Trillium Links\LV-2008-0261.59200.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2008-0261 County: Jackson
.Assessed Party: Trillium Links & Village LLC WWTP
Permit No.: NCO059200 Amount Assessed: $715.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONML
AND NATURAL RESOURCES
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN �-
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TRILLIUM LINKS &VILLAGE LLC WWTP )
PERMIT NO. NCO059200 ) FILE NO. LV-2008-0261
Having been assessed civil penalties totaling $715.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 30, 2008, 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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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
.0a) ={ Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 31, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2516
Mr. James Ferguson
11571 Betsy Gap Rd
Clyde,NC 28721
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-CV-0011
Stream Standard Violation- Other Waste (In-stream sediment)
Failure to Obtain 401 Water Quality Certification (WQC)
Removal of Best Usage
Haywood County
Dear Mr. Ferguson:
On July 24, 2008 Starr Silvis from the Asheville Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection along Salt Rock Road in Haywood County. Jennifer Bradish
and Tim Surrett with Haywood County Erosion Control were on site.
401 Certification violations and stream standard violations were noted during the inspection and
file review. Sediment impacts to Morgan Creek.(C Classification) were documented, constituting
certification and standard violations. The creek was diverted into a roadside ditch which runs
approximately 120 feet to a culvert under the road. It then resurfaces on the downslope side of the
ditch where it runs through at least a foot of deposited sediment and a brush berm before reentering
the original stream channel. The original channel of the stream has been dewatered for
approximately 100 feet.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
I Stream Standard Violation Other Waste (In-stream sediment) - 15A NCAC 02B
.0211 (3)f—approximately 25 feet of Morgan Creek (class C)was impacted by
sediment deposition due to road construction.
II Failure to Obtain 401 WQC Condition—approximately 120 feet of Morgan Creek
has been relocated into a road side ditch without obtaining the necessary permits
and/or certifications for impacts to waters.
III Removal of Best Usage 15A NCAC 0213.0211 (2) —Approximately 100 feet of
Morgan Creek has been dewatered due to the relocation of the creek..
Approximately 45 feet of the stream has been filled in, due to the placement of a
road in the stream bed Noir hCarolina
,Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

Mr. James Ferguson Page 2 of 3-�,
July 31, 2008
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both to the attention of Starr Silvis,Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands
and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center, Raleigh,NC 27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment) and Removal of Best Usage
a. Please explain when construction(excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response;
c. Please submit a Restoration Plan(Restoration Plan)to this office for review and
approval. The Restoration Plan must address removal of the accumulated sediment
and fill, and restoration of flow to the original location of Morgan Creek. The
Restoration Plan must be submitted to the Division of Water Quality for review and
approval prior to implementation. You are encouraged to secure an environmental
consultant experienced in stream restoration to assist you with your plan
development, permit application and authorization necessary to achieve compliance.
It is recommended that your consultant contact Starr Silvis of the Asheville
Regional Office for additional guidance during restoration plan development. The
Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the restoration of the stream.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts, fill impacts, and channel location. This documentation
should describe and quantify the impacts to those jurisdictional features, and
should include plans to avoid further stream and wetland impacts on the site.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
is not released.
• Explain how you plan to restore the pattern,profile and dimension of the
impacted stream channels to include removal of the fill placed in the channel for
construction of the road. The streambed must be restored to the original ;--
location. Fill material must be removed from the riparian zone. Replanting of
the riparian zone will be required.
G:\WPDATA\DEMWQ\Haywood\401s\Ferguson NOV\NOV-2008-CV-001 l.doc

on Page 3 of 3
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Starr Silvis.
II. 401 WQ Certification
a. Clearly explain why the appropriate 401 Water Quality Certification and a 404
Permit were not secured
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
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 Starr Silvis or myself at(828) 296-
4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Haywood County Erosion Control
G:\WPDATA\DEMWQ\Haywood\401s\Ferguson NOV\NOV-2008-CV-0011.doc

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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
rColeen H.Sullins,Director
J Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 31, 2008
Mr. Robert Cagle, Jr, Mayor
Town of Robbinsville
Post Office Box 126
Robbinsville, North Carolina 28771
SUBJECT: Compliance Evaluation Inspection
Town of Robbinsville
Sewage Collection System
Permit No: WQCS00158
Graham County
Dear Mr Cagle:
Attached is the report resulting from my July 29, 2008 inspection of the Town's
sewage collection system operation and maintenance program. I was very pleased with
the way that the Town of Robbinsville is caring for its collection system and its record
keeping system. J. R. Rogers is doing a fine job with the Town's wastewater collection
system map. Flow direction and pipe age information are the only remaining pieces of
information needed.
Please tell everyone involved with the Town's collection system operation and
maintenance program that I appreciate the fine job they are doing. Do not hesitate to call
me at 828-296-4659 should you have need to discuss this report.
Sincerely,
RoynM. avis
Environmental Engineer
Enclosure
cc: Mike Ladd
PERCS Unit
G:\WPDATA\DEMWQ\Graham\Robbinsville Collection System\WQCS00158 Cover Letter.08.doc
NorthCarolina
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2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748

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Compliance Inspection Report
Permit: WQCS00158 Effective: 03/12/04 Expiration: 02/28/09 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:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0025879 Town of Robbinsville-Robbinsville WWTP
Inspection Date: 07/29/2008 Entry Time: 09:45 AM Exit Time: 11:30 AM
Primary Inspector: Roy M Davis Phone:[phone]
Secondary Inspector(s): Ext.4659.
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: Q Compliant ❑ Not Compliant
Question Areas:
®Miscellaneous Questions ®Performance Standards ®Operation&Maint Reqmts ®Records
®Monitoring&Rpting ®Inspections ®Lines
Reqmts
(See attachment summary)
Page: 1

Permit:WQCS00158 Owner-Facility:Town of Robbinsville
Inspection Date: 07/29/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
The Town of Robbinsville is doing a superior job of operating and maintaining its wastewatewr collection system.
i"
Page: 2

Permit:WQCS00158 Owner-Facility:Town of Robbinsville
Inspection Date: 07/29/2008 Inspection Type:Compliance Evaluation 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 articles.
Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑
Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ ❑ ❑
Is Grease Trap Ordinance available? ■ ❑ ❑ ❑
Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ ❑ ❑ ■
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 Vmaster plant/concepts? ■ ❑ ❑ ❑
Does CIP cover three to five year period? ■ ❑ ❑ ❑
Does CIP include Goal Statement? ■ ❑ ❑ ❑
Does CIP include description of project area? ■ ❑ ❑ ❑
Does CIP include description of existing facilities? ■ ❑ ❑ ❑
i
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? $297,000.00
Total annual revenue for wastewater collection and treatment? $203,059.00
CIP Comments
$297,000 is the approximate cost of a project involving a new sewer line down from the Mill Town area.
Is system free of known points of bypass? ■ ❑ ❑ ❑
If no,describe type of bypass and location
NA
Is a 24-hour notification sign posted at ALL pump stations? ❑ (_1 ■ ❑
#Does the sign include:
Instructions for notification? ❑ ❑ ■
Pump station identifier? ❑ ❑ ■ ❑
24-hour contact numbers ❑ ❑ ® ❑
If no, list deficient pump stations
Town has no sewage pumping stations.
Page: 3

Permit:WQCS00158 Owner-Facility:Town of Robbinsville
Inspection Date: 07/29/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? ❑ 0 ■ n
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? ❑ ■ Q n
#If yes,date implemented?
Describe:
Town does not practice chemical root control.
Comment:
Inspections Yes. No NA NE
Are maintenance records for sewer lines available? ■ ❑
Are records available that document pump station inspections? 0 ❑ ■ fl
Are SCADA or telemetry equipped pump stations inspected at least once a week? Q ❑ ® 0
i
Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ Q ■ ❑
Are records available that document citizen complaints? ■ p 0 ❑
#Do you have a system to conduct an annual observation of entire system? ® 0 n
#Has there been an observation of remote areas in the last year? ® ❑ Q
Are records available that document inspections of high-priority lines? ■ Cl ❑ L
Has there been visual inspections of high-priority lines in last six months? ■ Q ❑ Q
Comment:
Operation & Maintenance Requirements Yes No NA NE
Are all log books available? ■ 0 Q
Does supervisor review all log books on a regular basis? ■ ❑ Q Q
Does the supervisor have plans to address documented short-term problem areas? ❑ ❑ ■ n
What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas?
As needed.
Are maintenance records for equipment available? ■ [I ❑ ❑
Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ n
What is the schedule for testing emergency/standby equipment? As needed. -
Page: 4

Permit:WQCS00158 Owner-Facility:Town of Robbinsville
Inspection Date: 07/29/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Do pump station logs include:
Inside and outside cleaning and debris removal? ❑ ❑ ■ ❑
Inspecting and exercising all valves? ❑ ❑ ■ ❑
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?
Moose Branch
Is a Spill Response Action Plan available? ■ ❑ ❑ Cl
Does the plan include:
24-hour contact numbers ® ❑ ❑ ❑
Response time ■ ❑ ❑ ❑
Equipment list and spare parts inventory ® ❑ 0 ❑
Access to cleaning equipment ■ ❑ ❑ ❑
Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑
Source of emergency funds ® ❑ ❑ ❑
Site sanitation and cleanup materials ® (J' ❑ 0
Post-overflow/spill assessment ® ❑ ❑ ❑
Is a Spill Response Action Plan available for all personnel?. ■ ❑ ❑ ❑
Is the spare parts inventory adequate? ® ❑ ❑ ❑
Comment:
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? Cl ■ ❑ El
If yes, is there a corrective action plan? ❑ ❑ ■ ❑
Is a map of the system available? ❑ ❑ Cl ❑
Page: 5

Permit:WQCS00158 Owner-Facility:Town of Robbinsville
Inspection Date: 07/29/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Does the map include:
Pipe sizes ® n n n
Pipe materials . Cl ❑
Pipe location ® n n n
Flow direction o ■ n n
Approximate pipe age n ■
Number of service taps ■ o n n
Pump stations and capacity n n ■ n
If no,what percent is complete? 95
List any modifications and extensions that need to be added to the map
Flow direction and pipe age.
#Does the permittee have a copy of their permit? ® n n n
Comment:
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? n ❑ ® n
l�
Are public notices and proof of publication available? n n n
#Is an annual report being prepared in accordance with G.S. 143-215.1C? ® n n n
#Is permittee compliant with all compliance schedules in the permits? ® n n n
If no,which one(s)?
NA
Comment: None
Page: 6

OF WA1, Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
? Coleen H. Sullins, Director
Division of Water Quality
Asheville
July 31, 2008
Mr. Lee Galloway, Town Manager
Town of Waynesville
16 South Main Street
Waynesville, North Carolina 28786
Subject: Permit No. WQ0033284
Town of Waynesville
Hendrix Meadow Subdivision
Wastewater Collection System Extension
Dear Mr. Galloway: Haywood County
In accordance with your application received on July 11, 2008 we are forwarding herewith
Permit No. WQ0033284, dated July 31, 2008 to the Town of Waynesville for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions.and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Roy Davis a copy of the contractor's "notice to proceed" for this project.
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 .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org One
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone] NOTthCarolina
DENR Customer Service Center Telephone [phone] Aahw ly
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Town of Waynesville July 31, 2008 Page 2
A
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Town of Waynesville to construct and operate approximately 1,073 linear feet of 8-inch
diameter gravity sewer to serve Hendrix Meadow Subdivision and the discharge of 8,280 gallons per
day of additional wastewater into the Town of Waynesville's existing sewerage system, pursuant to the
application received on July 11, 2008 and in conformity with 15A NCAC 2T .0200; the Division's
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's.
Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted
June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of
Waynesville's Wastewater Treatment Facility (Permit No. NC0025321) prior to being discharged into
the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500. '
Sincerely,
'2&A
for Colee H. Sullins, Director
Division of Water Quality
cc: Haywood County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025321)
Kevin R. Alford, PE
PERCS Files
Surface Water Protection Section Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TOWN OF WAYNESVILLE
HENDRIX MEADOW SUBDIVISION
HAYWOOD COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033284
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. if an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No W00033284 Town of Waynesville Hendrix Meadow Subdivision Haywood Co July 31 2008
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 .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. . A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification: \
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

No. W00033284 Town of Waynesville Hendrix Meadow Subdivision, Haywood Co 1ully331 2008
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 31 st day of July, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033284
3

Permit No W00033284, Town of Waynesville, Hendrix Meadow Subdivision, Haywood Co , July 31 2008
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
1,073 linear feet of 8-inch diameter gravity_sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
_modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
l as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable;.the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................:
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

OF \VNVATF Michael F. Easley, Governor
\�� LPG William G. Ross Jr., Secretary
C) r North Carolina Department of Environment and Natural Resources
> =i Coleen H.Sullins, Director
O Division of Water Quality
Asheville
July 31, 2008
Ms. Karen Andrews, Town Manager
Town of Rutherfordton
129 North Main Street
Rutherfordton, North Carolina 28139
Subject: Permit No. W00033279
Town of Rutherfordton
Park Crossing Subdivision, Phase I
Wastewater Collection System Extension
Rutherford County
Dear Ms. Andrews:
In accordance with your application received on July 23, 2008 we are forwarding herewith
Permit No. WQ0033279, dated July 31, 2008, to the Town of Rutherfordton for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Roy Davis a copy of the contractor's notice to proceed for this project.
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 .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the. certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org.
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone] One
NorthCaro/li/na
DENR Customer Service Center Telephone [phone] Naturallrf
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Town of Rutherfordton July 31, 2008 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Town of Rutherfordton to construct and operate approximately 3,300 linear feet of 8-inch
diameter gravity sewer to serve Park Crossing Subdivision, Phase I, pursuant to the application
received on July 23, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer
Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable;and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4500.
Sincerely,
for Coleen Sullins, Director
Division of Water Quality
cc: Rutherfordton County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0021057)
V. Marcus Lowery, PE
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TOWN OF RUTHERFORDTON
PARK CROSSING SUBDIVISION, PHASE I
RUTHERFORD COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033279
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 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 26 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No W00033279 Town of Rutherfordton Park Crossing Sub Phase I, Rutherford County. July 31. 200a
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 .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

NQ W00033279 Town of Rutherfordton Park Crossing huh Phase l Rutherford Co enty, July 31,2008
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 31st day of July, 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00033279
3

Permit No W00033279 Town of Rutherfordton, Park Crossing Sub.. Phase I Rutherford County July 31 200t3
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description: 3,300 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
....................................................................................................
.
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
....................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.