DWR SWP Read File Archive July 2009

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
i
July 2, 2009
Sue Nations, Superintendent
Jackson County Board of Education
398 Hospital Road
Sylva, NC 28779
SUBJECT: Compliance Evaluation Inspection
Blue Ridge School
Permit No: NCO066958
Jackson County
Dear Ms. Nations:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 30, 2009. The facility was found to be in compliance with permit
NC0066958.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff, should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE North
Carolina
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 N?atmraffi/
Phone: [phone] FAX: [phone] d
Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

United States Environmental Protection Agency Form Approved.
--:PA
Washington,D.C.20460
/'1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO066958 Ill 121 09/06/30 117 18I CI 191 SI 201 I
Remarks
211111111111111111111111111111 11111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------------------Reserved--------------------
671 1.o 169 701 31 711 1 721 N I 73' f 74 751 11 I I I I 180
Section B: Facility Data u_1
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Blue Ridge School 09:45 AM 09/06/30 07/12/01
NC Hwy 107 Exit Time/Date Permit Expiration Date
Glenville NC 28736 10:30 AM 09/06/30 12/10/31
Name(s)of Onsite Rep resentative(s)fTTitles(s)/Phone and Fax Number(s) Other Facility Data
Dale Howard Wike/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Sue Nations,398 Hospital Rd Sylva NC 28779//828-586-2311/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Operations&Maintenance ■Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/ hone and ax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont:1.
9I 11 12 17 18
NCO066958 II 09/06/30 IICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Dale Wike and Joe David Hall, grade II certified contract operators with Environmental Inc., assisted in the
inspection.
Treatment Units/Process Control Testing / Effluent Data:
The activated sludge aeration basin process control data was as follows:
Temperature = 20.8 degrees Celcius
pH =4.5 standard units
Dissolved Oxygen = 5.28 mg/I
Settleable Solids = 250 ml/I = 25%
The effluent data was as follows:
Dissolved Oxygen =4.3 mg/I
pH = 6.59 standard units
Temperature = 19.2 degrees Celcius
Total Residual Chlorine remaining after dechlorination = 33 ug/I
Operations & Maintenance/Summary:
The effluent appeared to be clear, indicating compliance with permit limits. %
This facility appears to be well operated and maintained.
The ORC was on-site during the inspection and is doing a good job.
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 3-17-2006 by Wanda Frazier.
The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The 2007 Annual Performance Report was received on October 16, 2008.
The log book was present on-site and had good notation of daily events.
Page# 2

Permit: NCO066958 Owner-Facility: Blue Ridge School
.action Date: 06/30/2009 Inspection Type: Compliance Evaluation
Operations & Maintenance/Summary:
This facility appears to be well operated and maintained.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Item(s) needing attention:
A new grate is needed to cover the chamber holding the dechlorination unit, to prevent falls
and injuries.
Page# 3

Permit: NCO066958 Owner-Facility: Blue Ridge School
Inspection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ ❑
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ® n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n In n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ® n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational?
nn ■ n
Are the diffusers operational? ® n n n
Is the foam the proper color for the treatment process? ® n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ® n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ In In n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
r
Are weirs level? ■ n In n
Page# 4

Permit: NC0066958 Owner-Facility: Blue Ridge School
-ction Date: 06/30/2009 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? ■ n n In
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ ❑ ❑ ❑
Is the drive unit operational? n ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ n n
Is the overflow clear of excessive solids/pin floc? ■ n ❑ n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Number of tubes in use?
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ (_l ❑ n
Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑
Is storage appropriate for cylinders? n ❑ ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ n n
Comment:
Are the tablets the proper size and type? ■ ❑ ❑ n
Are tablet de-chlorinators operational? ■ ❑ ❑ ❑
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? ■ ❑ ❑ n
Page# 5

Permit: NCO066958 Owner-Facility: Blue Ridge School
Inspection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE
If effluent (diffuser pipes are required) are they operating properly? 0 Cl ■ 1
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ® n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■
Judge,and other that are applicable?
Comment:
i-
Page# 6

A P"A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 2, 2009
Mr. George Shook
Wildcat Cliffs Country Club
770 Country Club Drive
Highlands, NC 28741
SUBJECT: Compliance Evaluation Inspection
Wildcat Cliffs Country Club WWTP
Permit No: NCO075612
Macon County
Dear Mr. Shook:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 30, 2009. The facility was found to be in compliance with permit
NC0075612.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff, should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
I
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE a
NorthCalolin
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 a gt��6 l in
Phone: [phone] FAX: [phone] v ► ;/
Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

�\
�\
i
__ -

United States Environmental Protection Agency Form Approved.
G P/a/� Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO075612 111 121 09/06/30 117 181 CI 19I sI 201 I
Remarks
21111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA ------------------—------Reserved----------------------
67I 1,0 169 701 31 71 I_I 721 NJ 73I ' 174 751 Ill 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)
Wildcat Cliffs Country Club WWTP
10:45 AM 09/06/30 07/12/01
US Hwy 64 Exit Time/Date Permit Expiration Date
Highlands NC 28741 11:15 AM 09/06/30 12/11/30
Name(s)of Onsite Rep resentative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data
Dale Howard Wike/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
George Shook,770 Country Club Dr Highlands NC 28741//828-526-2165 ontacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Operations&Maintenance ®Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
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 ydmolday Inspection Type
3I NCO075612 I11 12) 09/06/30 I17 18N
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Dale Wike and Joe David Hall, grade II certified contract operators with Environmental Inc., assisted in the
inspection.
Treatment Units/ Process Control Testing/ Effluent Data:
The activated sludge aeration basin process control data (for Plant#1) was as follows:
Temperature = 22.1 degrees Celcius
pH =7.1 standard units
Dissolved Oxygen = 7.4 mg/I
Settleable Solids = 150 ml/I = 15%
The effluent data was as follows:
pH = 7.3 standard units
Temperature = 21.8 degrees Celcius
Total Residual Chlorine remaining after dechlorination = < 17 ug/I
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 7-10-2007 by Janet Cantwell.
The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The 2007 Annual Performance Report was received on October 16, 2008.
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
This facility appears to be well operated and maintained.
The ORC was on-site during the inspection and is doing a good job.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Page# 2

Permit: NC0075612 Owner-Facility: Wildcat Cliffs Country Club WWT P
,jection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ ❑ n El
#Are there any special conditions for the permit? I_l ■ ❑ ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ fl ❑ Q
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manuai ■
b.Mechanicai n
Are the bars adequately screening debris? ■ ❑ ❑ ❑
Is the screen free of excessive debris? ■ ❑ ❑ ❑
Is disposal of screening in compliance? ■ ❑ ❑ Cl
Is the unit in good condition? ■ El ❑ ❑
Comment: -
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ ❑ 0
Is the basin free of bypass lines or structures to the natural environment? ■ ❑ ❑ ❑
Is the basin free of excessive grease? ■ ❑ n ❑
Are all pumps present? ■ ❑ ❑ n
Are all pumps operable? ■ ❑ fl ❑
Are float controls operable? ■ El ❑ El
Are audible and visual alarms operable? ■ El ❑ ❑
#Is basin size/volume adequate? ■ ❑ ❑ ❑
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? 111 ❑ ■ n
Page# 3

Permit: N00075612 Owner-Facility: Wildcat Cliffs Country Club VWVfP
Inspection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ ❑ ❑ n
Does the foam cover less than 25%of the basin's surface? ® n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ® n n ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ® n ❑ n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n In n
Is scum removal adequate? ® n n n
Is the site free of excessive floating sludge? ® n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n ❑ n
Is the overflow clear of excessive solids/pin floc? ® n n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ® n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ® n ❑ n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ® n In
Is the contact chamber free of growth, or sludge buildup? ® n ❑ n
Is there chlorine residual prior to de-chlorination? ® n n n
Comment:
De-chlorination Yes No NA NE
Tablet
Type of system?
i
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Page# 4

Permit: NCO075612 Owner-Facility: Wildcat Cliffs Country Club WWTP
pection Date: 06/30/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
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? 2
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfail 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:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ ❑ ❑ ❑
Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑
Is the generator tested under load? n ■ ❑ ❑
Was generator tested&operational during the inspection? ❑ ■ ❑
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? ❑ ❑ ❑ ■
Is the generator fuel level monitored? ■ ❑ ❑ ❑
Comment: The generator self-tests every Tuesday at 2:00 pm. It does not test under
load.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ 0 ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ f_i ❑
Judge, and other that are applicable?
Comment:
Page# 5

A LF"A
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 2, 2009
Mr. Robert A Nass
Skyline Lodge & Village
PO Box 529
Deland, FL 32721-0529
SUBJECT: Compliance Evaluation Inspection
Skyline Lodge & Village WWTP
Permit No: NCO036692
Macon County
Dear Mr. Nass:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 30, 2009. The facility was found to be in compliance with permit
NC0036692.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff, should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NorthCarolina
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 ooAhCarofin
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.org

United States Environmental Protection Agency Form Approved.
,:PA 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 INJ 2 I51 31 NCO036692 111 121 09/06/30 117 18ICI 191S) 201
Remarks
2111111111111111111111 1111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA -------------------------—Reserved----------------------
67I 1.0 169 701 31 711 I 721 N I 73' I � 74 751 I I I I I I 180
Section B: Facility Data �u
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Skyline Lodge & Village WWTP 01:20 PM 09/06/30 08/01/01
NCSR 1544 Exit Time/Date Permit Expiration Date
Highlands NC 28741 01.50 PM 09/06/30 12/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Dale Howard Wike/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Robert A Nass,PO Box 529 Deland FL 327210529///
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Operations&Maintenance ®Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
s
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
i
Al
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete,
Page# 1

NPDES yr/mo/day Inspection Type
3� NCO036692 I11 12I 09/06/30 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Dale Wike and Joe David Hall, grade II certified contract operators with Environmental Inc., assisted in the
inspection.
Process Control Data:
Aeration basin settleable solids = 150 ml/I = 15%
Effluent Data:
Dissolved Oxygen = 6.3 mg/I
pH = 6.0 standard units
Temperature = 20.7 degrees Celcius
Total Residual Chlorine remaining after dechlorination = < 17 ug/I
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was conducted on
7-10-2007 by Janet Cantwell
The permit expires on 11/30/2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The 2007 Annual Performance Report was received on October 16, 2008.
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
This facility appears to be well operated and maintained.
The ORC was on-site during the inspection and is doing a good job.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Page# 2

Permit: NCO036692 Owner-Facility: Skyline Lodge&Village WWTP
,jection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? ❑ ■ n ❑
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n rl
Are surface aerators and mixers operational?
nn ■ 0
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ❑ n
Is the DO level acceptable? ■ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■
Are weirs level? ■ n n ❑
Page# 3

Permit: NC0036692 Owner-Facility: Skyline Lodge&Village VWVfP
Inspection Date: 06/30/2009 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? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
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 n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 1
Comment:
Sand Filters (Low rate)
Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? n ® n n
Is the distribution box level and watertight? ■ n n n
Page# 4

Permit: NCO036692 Owner-Facility: Skyline Lodge&Village WVVTP
aection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Sand Filters (Low rate) Yes No NA NE
Is sand filter free of ponding? ■ n n n
Is the sand filter effluent re-circulated at a valid ratio? n ■ n n
#Is the sand filter surface free of algae or excessive vegetation? ■ u n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n ■ n n
Comment: The sand filter does not recirculate or have alarms.
Effluent Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ® n n n
If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Page# 5

yr
- !'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Co►een H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 6, 2009
Mr. David Cull, General Manager
Cullasaja Homeowners' Association Inc.
1371 Cullasaja Club Drive
Highlands, NC 28741
SUBJECT: Compliance Evaluation Inspection
Cullasaja HOA Inc. WWTP
Permit Number: NCO064416
Jackson County
Dear Mr. Cull:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 30, 2009. The facility was found to be in compliance with permit
NC0064416.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff, should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone: [phone] FAX: [phone] NaA(rall (
Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.orq

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United States Environmental Protection Agency Form Approved.
Washington,D.C.20460
CPA Pt'1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 1 51 31 NCO064416 ill 121 09/06/30 117 181 CI 191 SI 201 1
Remarks
21111111111111111111111111111111111111111111111I16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved----------------------
671 1.0 1 69 701 31 711 1 721 NJ 73 W 74 751 1 1 1 1 1 1 180
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)
Cullasaja WWTP 11:30 AM 09/06/30 07/11/01
1371 Cullasaja Club Dr Exit Time/Date Permit Expiration Date
Highlands NC 28741 12:30 PM 09/06/30 12/08/31
Name(s)of Onsite Representative(s)rritles(s)/Phone and Fax Number(s) Other Facility Data
Dale Howard Wike/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Daniel Almers,1371 Cullasaja Club Dr Highlands NC 28741//828-526-35�1/
es
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit N Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
-� 12
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 (co
3I NCO064416 I11 12I 09/06/30 ( 17 18N
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Facility On-site Representative:
Lynn Long, HOA Manager, assisted in the inspection.
Operators:
The certified, contract operators from Environmental Inc., Dale Wike and Joe David Hall,
assisted in the inspection.
Operator in Responsible Charge: Dale Wike- Grade II - Certificate#27314
Back-up Operator: Joe David Hall - Grade II - Certificate# pending
Treatment Units/Process Control Testing /Effluent Data:
The activated sludge aeration basin process control data (for Plant#1)was as follows:
Temperature = 20.0 degrees Celcius
pH = 6.3 standard units
Dissolved Oxygen = 8.2 mg/I
Settleable Solids = 250 ml/I = 25%
The effluent data was as follows:
pH = 7.4 standard units
Temperature = 22.9 degrees Celcius
Dissolved Oxygen = 9.5 mg/I
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 9-24-2007 by Janet Cantwell.
The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to
expiration.A renewal notice will be mailed as a reminder.
The Annual Performance Report for 7-1-2007 to 6-30-2008, was received on October 16, 2009.
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
This facility appears to be very well operated and maintained.
Page# 2

Permit: NCO064416 Owner-Facility: Cullasaja VANTP
pection Date: 06/30/2009 Inspection Type: Compliance Evaluation
The ORC was on-site during the inspection and is doing a good job.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Page# 3

Permit: NCO064416 Owner-Facility: Cullasaja V WfP
Inspection Date: 06/30/2009 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? ® n n n
#Are there any special conditions for the permit? n ® n n
Is access to the plant site restricted to the general public? ® n n n
Is the inspector granted access to all areas for inspection? ® n n n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ® n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ❑ ❑ n
Judge,and other that are applicable?
Comment:
Yes No NA NE
Bar Screens
Type of bar screen
a.Manual
n
b.Mechanical
Are the bars adequately screening debris? n n n
Is the screen free of excessive debris? n n ❑
Is disposal of screening in compliance? n n n
Is the unit in good condition? ® ❑ n n
Comment:
Yes No NA NE
Aeration Basins
Ext.Air
Mode of operation
Diffused
Type of aeration system
Is the basin free of dead spots? Cl n Cl
Are surface aerators and mixers operational? n n n
Are the diffusers operational? ❑ ❑ n
Is the foam the proper color for the treatment process? ❑ ❑ n
Does the foam cover less than 25%of the basin's surface? n n n
Is the DO level acceptable? n n n
Is the DO level acceptable?(1.0 to 3.0 mg/I) n n n r
Page# 4

Permit: NC0064416 Owner-Facility: Cullasaja VWVTP
,pection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n n
Are weirs level? ® n n n
Is the site free of weir blockage? n n In
Is the site free of evidence of short-circuiting? ® n n n
Is scum removal adequate? ® n n ❑
Is the site free of excessive floating sludge? ® n In n
Is the drive unit operational? n n n n
Is the return rate acceptable(low turbulence)? m n n n
Is the overflow clear of excessive solids/pin floc? mn n n
Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) n n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ❑ n n
Are the tablets the proper size and type? n n n
Number of tubes in use? 1
Is the level of chlorine residual acceptable? n n n
Is the contact chamber free of growth, or sludge buildup? 0 n n n
Is there chlorine residual prior to de-chlorination? ❑ n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ n
Is storage appropriate for cylinders? n n n ❑
#Is de-chlorination substance stored away from chlorine containers? ® ❑ n n
Comment:
Are the tablets the proper size and type? m n n
Are tablet de-chlorinators operational? n n n
Page# 5

Permit: NC0064416 Owner-Facility: Cullasaja WWTP
Inspection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Yes No NA NE
De-chlorination
2
Number of tubes in use?
Comment:
Yes No NA NE
Sand Filters (Low rate)
(If pumps are used) Is an audible and visible alarm Present and operational?
® nnn
® nnn
Is the distribution box level and watertight?
Is sand filter free of ponding? ® n n n
Is the sand filter effluent re-circulated at a valid ratio? n n ® n
#is the sand filter surface free of algae or excessive vegetation?
® nnn
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1)
nn ® n
Comment: There are two tertiary, multi-media (sand & anthracite) filters.
Yes No NA NE
Lagoons
Facultative
Type of lagoons?
1
#Number of lagoons in operation at time of visit?
Are lagoons operated in?
nn ® `
#Is a re-circulation line present? n
® nn
Is lagoon free of excessive floating materials? n
#Are baffles between ponds or effluent baffles adjustable?
nn ® n
Are dike slopes clear of woody vegetation? ❑ ❑ n
Are weeds controlled around the edge of the lagoon? n n n
® nnn
Are dikes free of seepage?
nnn
Are dikes free of erosion?
Are dikes free of burrowing animals? n n n
#Has the sludge blanket in the lagoon(s) been measured periodically in multiple locations? n n n
#If excessive algae is present, has barley straw been used to help control the growth?
nrin
Is the lagoon surface free of weeds? n n n
Is the lagoon free of short circuiting? n n n
Page# 6

Permit: NC0064416 Owner-Facility: Cullasaja WWTP
,jection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Lagoon Yes No NA NE
Comment: The five-day holding pond was once used for spray irrigation onto the golf
course.
Reuse is no longer a part of the permit, due to high rainfalls in the area. Reuse ended
in 1997.
There is one small (< 6 inch diameter) tree growing on the dike slope, that is scheduled
for removal.
Standby Power Yes No NA NE
Is automatically activated standby power available? n n n
Is the generator tested by interrupting primary power source? n n n
Is the generator tested under load? n M n n
Was generator tested&operational during the inspection? ❑ M 0 n
Do the generator(s)have adequate capacity to operate the entire wastewater site? m n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n
Is the generator fuel level monitored? n n
Comment: The generator self-tests weekly, but not under load.
Page# 7

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DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 6, 2009
Fredericka Flynt
VZ Top Homeowner's Association Inc.
2216 Cumming Road
Augusta, GA 30904
Bland O'Conner
VZ Top Homeowner's Association Inc.
PO Box 1709
Highlands, NC 28741
SUBJECT: Compliance Evaluation Inspection
VZ Top HOA
Permit No: NCO037711
Dear Ms. Flynt and Mr. O'Connor: Macon County
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 30, 2009. The facility was found to be in compliance with permit
NCO037711.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff, should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
�GZG .
Wanda P. Frazier
Enclosure Environmental Specialist
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone: [phone] FAX: [phone] Naturall�
Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org

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United States Environmental Protection Agency
'J A Washington,D.C.20460 Form Approved.
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 NCO037711 111 121 09/06/30 117 18I CI 191 SI 201 I
Remarks
211 1 1 1 1 I 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 1 J61
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----—---------------------Reserved---------------------
671 1.0 169 701 31 711 1 721 NJ 73 f I ' 74 751 I I I I I Li 80
Section B: Facility Data 1�1
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)
VZ TOP Homeowners Association WWTP
02:15 PM 09/06/30 07/11/01
Hudson Rd NCSR 1616 Exit Time/Date Permit Expiration Date
Highlands NC 28741 02:45 PM 09/06/30 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Dale Howard Wike/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
Bland O'Conner,PO Box 1709 Highlands NC 28741//828-526-3021/8285 Contacted.7
0
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Operations&Maintenance ®Records/Reports ■Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ®.__. ARO WQ//828-296-4500 Ext.4662/
4,A
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
C C G^ e
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES ydmo/day Inspection Type (CoriL.
3� NCO037711 '11 12� 09/06/30 I17 18N
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Operators:
The certified, contract operators from Environmental Inc., Dale Wike and Joe David Hall,
assisted in the inspection.
Operator in Responsible Charge: Dale Wike- Grade II - Certificate#27314
Back-up Operator: Joe David Hall - Grade II - Certificate#pending
Treatment Units/Process Control Testing / Effluent Data:
The activated sludge aeration basin process control data was as follows:
Settleable Solids = 250 ml/I = 25%
The effluent data was as follows:
Dissolved Oxygen = 6.5 mg/I
pH = 7.5 standard units
Temperature = 19.0 degrees Celcius
Total Residual Chlorine present after dechlorination = 15 ug/I
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 4-10-2008 by Janet Cantwell.
The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report for 7-1-2007 to 6-30-2008, was received on October 16, 2009.
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
This facility appears to be well operated and maintained.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Page# 2

r'ermit: NCO037711 Owner-Facility: VZ TOP Homeowners Association VW TP
.;tion Date: 06/30/2009 Inspection Type: Compliance Evaluation
.-ermit 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? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation
Type of aeration system
Is the basin free of dead spots? ■ ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ ■ o
Are the diffusers operational? ■ ❑ In ❑
Is the foam the proper color for the treatment process? ■ l=1 ❑ ❑
Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑
Is the DO level acceptable? ■ ❑ In I_'i
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? ■ ❑ ❑ 0
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ rl ■ ❑
Are weirs level? ® ❑ ❑ ❑
Is the site free of weir blockage? ® 11
Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ ❑ Cl Cl
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ ❑ ❑
Page# 3

Permit: NCO037711 Owner-Facility: VZ TOP Homeowners Association VWVLP`
Inspection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Comment:
Filtration (High Rate Tertiary) Yes No NA NE
Type of operation:
Is the filter media present? ■ n n n
Is the filter surface free of clogging? ❑ D ■ D
Is the filter free of growth? D n ■ D
Is the air scour operational? n n ■ D
Is the scouring acceptable? n n ■ D
Is the clear well free of excessive solids and filter media? D ❑ ■ D
Comment: The dual filters are not in operation, due to low flows from this seasonal
facility. The flow for the previous day was only 480 gallons.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ D n n
Are the tablets the proper size and type? ■ D D D
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ D n D
Is the contact chamber free of growth,or sludge buildup? ■ f_l ❑ 0
Is there chlorine residual prior to de-chlorination? ® D D D
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n D ® D
Is storage appropriate for cylinders? ❑ 0 ® ❑
#Is de-chlorination substance stored away from chlorine containers? ® D n n
Comment:
Are the tablets the proper size and type? ■ D 00
Are tablet de-chlorinators operational? ■ D Cl D
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Page# 4

Permit: NCO037711 Owner-Facility: VZ TOP Homeowners Association WWTP
.;ction Date: 06/30/2009 Inspection Type: Compliance Evaluation
effluent Pipe Yes No NA .NE
Is right of way to the outfall properly maintained? ■ ❑ Q
Are the receiving water free of foam other than trace amounts and other debris? ■ D ❑ n
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ fl f-I
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ ❑ ❑ Cl
Judge,and other that are applicable?
Comment:
r
Page# 5

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.;verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
Mr. James K Picklesimer April 27, 2009
VZ Top Homeowner's Assn. Inc.
PO Box 1709
Highlands, NC 28741 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0072
Permit No. NCO037711
VZ Top Homeowners Association WWTP
Dear Mr. Picklesimer: Macon County
A review of VZ Top Homeowners Association WWTP's monitoring report for January 2009
showed the following violations:
Parameter Date Measuring Frequency Violation
Total Suspended Solids 01/10/2009 Weekly Failure to monitor weekly
,- ,Biochemical Oxygen Demand 01/10/2009 Weekly Failure to monitor weekly
Fecal Coliform 01/10/2009 Weekly Failure to monitor weekly
Ammonia Nitrogen 01/10/2009 Weekly Failure to monitor weekly
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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider applying for
a Special Order by Consent. You may contact Keith Haynes of this office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-
296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
cc: WQ Central Files Surface Water Protection Section
"
Bob Guerra, Western NPDES Point Source Compliance Enforcement Unit Northcarolina
Jhatura!!y
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]

A7i� ;h'
NEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
iverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
April 27, 2009
Mr. James K Picklesimer
VZ Top Homeowner's Assn. Inc.
PO Box 1709
Highlands, NC 28741 Subject: NOTICE OF VIOLATION!
NOV-2009-MV-0073
Permit No. NCO037711
VZ Top Homeowners Association WWTP
Macon County
Dear Mr. Picklesimer:
A review of VZ Top Homeowners Association WWTP's monitoring report for November 2008
showed the following violation:
--parameter Date Measuring Frequency Violation
[-Flow, MGD 11/30/2008 Continuous Failure to monitor continuously (7 days /week)
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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities,then you may wish to consider applying for
a Special Order by Consent. You may contact Keith Haynes of this office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-
296-4500.
Sincerely,
17)
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
WQ Central Files
Bob Guerra, Western NPDES Point Source Compliance Enforcement Unit IVorthCarolina
Natumily
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone]

1 •ye
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue Co!een H. Sullins Dee Freeman
Governor Director Secretary
MEMORANDUM
To.- Tom Belnick, Supervisor, Western NPDES Program
Jerry Rimmer, Supervisor, Technical Assistance and Certification Unit
From: Wanda Frazier �� '
Date: July 6, 2009
Enclosed, please find a rating sheet for a facility that was rated a Class III. facility in 1986.
This facility once spray irrigated, in conjuction with their NPDES permit. They stopped using the
spray system in 1997. The rating of Class III, is technically in error. It should be a Class II
facility.
Please change the rating in BIMS and modify their existing NPDES permit.
They currently monitor 3 times per week for effluent- BOD, TSS, NH3, DO, Fecal Coliform,
TRC; as well as, upstream & downstream: temperature.
If you have any questions, please give me a call. Thank you!
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 Phone:[phone]',FAX [phone] Customer Service:1-877-623 Qtic
-&748 One
Internet: www.ncwaterquality.org a
An Equal Opperfunity'.!+.ffirmative Action Employer--50`%Recycled`.70�4,Poe!Consumer Paper

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fER POLLUTION CONTROL OPERATORS CERTIFICATION COMMISSION
CLASSIFICATION RATING SHEET FOR WATER POLLUTION CONTROL SYSTEMS
FACILITY INFORMATION:
NAME OF FACILITY: sSi , ���;
MAILING ADDRESS: 1,371 - z �',�X _ , ^.Ir.e
CONTACT PERSON:
C�—
TELEPHONE: $G2 -,$' - '� COUNTY:
Check one: NC WQ HEALTH DEPT PERMIT NO: L�Q� l(r�
1 / �eeggGP '� - C CDAI�✓YiL'� ��C I9/J�
ORC: Y-a 1�7A_ e, TELEPHONE: _9.29-2
RATING INFORMATION: (Before completing this section, please refer to pages 2-4.)
PERMITTED FLOW: ( ,
/, MGD Biological Nutrient Reduction? Yes No ✓
Indicate by checking whichever provides the lowest classification:
BIOLOGICAL WASTEWATER: 1 2 V-' 3 4
COLLECTION SYSTEM: 1 2 3 4
SPRAY IRRIGATION: SUBSURFACE: . LAND APPLICATION:
PHYSICAL/CHEMICAL CLASS I: PHYSICAL/CHEMICAL CLASS 11:
REGIONAL OFFICE INFORMATION:
RATED BY:
REGION: Asheville Regional Office DATE:
REGIONAL OFFICE TELEPHONE: [phone] EXTENTION: � C�
-1-

A
BIOLOGICAL TREATMENT SYSTEMS:
Indicate by checking whichever provides the lowest classification.
Class I Biological WPCS
Septic tank - sand filter systems
Biological lagoon systems
Constructed wetlands and associated appurtenances
Class II Biological WPCS
Systems that utilize and activated sludge or fixed growth process with a flow less than or
equal to 0.5 million gallons per day (MGD).
Class III Biological WPCS
Systems that utilize an activated sludge or fixed growth process with a permitted flow of
greater than 0.5 through 2.5 million gallons per day (MGD).
Class II systems that are required to achieve biological nutrient reduction*
Class IV Biological WPCS
Systems that utilizing an activated sludge or fixed growth process with a permitted flow of r
greater than 2.5; million gallons per day (MGD). \
Class III systems that are required to achieve biological nutrient reduction*
*Biological Nutrient Reduction —The reduction of total nitrogen or total phosphorous by an
activated sludge or fixed growth process as required by the facilities permit.
COLLECTION SYSTEMS:
Classification of Water Pollution Control Collection Systems:
Indicate by checking whichever provides the lowest classification.
Same classification as biological water pollution control system.
Classification of wastewater treatment system:
Based on population served (check one):
1,500 or Less = Class I
1,501 to 15,000 = Class II
15,001 to 50,000 = Class III
50,001 or more = Class IV
_2_

Atv information
:r'DES permit #: NCO064416 Jackson County
'Facility name: Cullasaja Home Owners' Association Inc.
WWTP class: 11
Note: This development consists of — 285 homes, golf
course, community clubhouse and restaurant.
WWTP type: 0.150 MGD dual-train, activated sludge WWTP
with: dual aeration basins; dual clarifiers with
sludge return; aerobic digestors; tablet
chlorinator chlorine contact chamber;
dechlorination unit; multi-media (sand &
anthracite) tertiary filters; five-day effluent
holding pond; and standby generator
WWTP location: east of US Hwy 64 & NC Hwy 28 intersection,
northeast of Highlands, NC
Responsible official: David A. Cull
Responsible 's title: General Manager, Cullasaja HOA, Inc.
Official's location: 1371 Cullasaja Club Drive; Highlands, NC 28741
Email: [e-mail]
Phone numbers
828-526-3531 David Cull, General Manager
828-526-3560 " - fax
828-526-3531 Lynn Long, HOA Manager (over WWTP)
828-506-9450 Mark Teague, ORC - cell
1-800-213-4035 Env. Inc. — office - toll-free
828-293-9396 Mark Teague - office @ Env. Inc.
828-293-1206 Env. Inc. - fax
Operator information
Contract ORC: Environmental Inc. -- contract operations & labs
Mailing address: PO Box 954; Cullowhee, NC 28723
Location address: 5690 Old Cullowhee Road; Cullowhee, NC 28723
Email: [e-mail]
Permit information
Date issued: 11-1-2007
Expiration date: 8-31-2012

Stream information �
Stream & river basin: Norton Mill Creek; Savannah River Basin
Sub-basin: 03-13-01 Quad: Grid: G 6 SW
Stream classification: C — Trout* Drainage area sq mi: 0.49
Instream Waste Conc.: Average stream flow: 1.7 cfs
Summer 7Q10 cfs: 0.14 30Q2 cfs: 0.35 Winter 7Q10 cfs: 0.18
* downstream ORW
Other information
Directions: Travel on US Hwy 64 East toward Highlands.
The facility is — 6 miles from the traffic light in
Cashiers, on the left.

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
MEMORANDUM
To: Tom Belnick, Supervisor, Western NPDES Program
Jerry Rimmer, Supervisor, Technical Assistance and Certification Unit
From: Wanda Frazier
Date: July 6, 2009
Enclosed, please find a rating sheet for a facility that was rated a Class III facility in 1986.
This facility once spray irrigated, in conjuction with their NPDES permit. They stopped using the
spray system in 1997. The rating of Class III, is technically in error. It should be a Class II
facility.
Please change the rating in BIMS and modify their existing NPDES permit.
They currently monitor 3 times per week for effluent: BOD, TSS, NH3, DO, Fecal Coliform,
TRC; as well as, upstream & downstream: temperature.
If you have any questions, please give me a call. Thank you!
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location;2090 U.S Highway 70,Swannanoa,North Carolina 28778 {}p
Phone:[phone]t.FAX:[phone]\Customer Service:1-877-623-6748 NOTtI1CitT01 llil Internet: www.ncwaterquality.org �aturallt�
An Equal Opportunity`.Affirmative Action Employer-50`% Recycled',1 trio F'osl Consumer Paper Ytt

ER POLLUTION CONTROL OPERATORS CERTIFICATION COMMISSION
-LASSIFICATION RATING SHEET FOR WATER POLLUTION CONTROL SYSTEMS
FACILITY INFORMATION:
NAME OF FACILITY: '
MAILING ADDRESS: �� � - c C'�k� ,Ti rg ' , -1,X ,..
CONTACT PERSON.-
TELEPHONE: � Z -
� � � � COUNTY:
Check one: INC WQ HEALTH DEPT PERMIT NO:
221a %once 4-- 0""Z '
ORC: /���� �il iL V,r��� �r����� he, TELEPHONE: `1
RATING INFORMATION: (Before completing this section, please refer to pages 2-4.)
PERMITTED FLOW: 0.
MGD Biological Nutrient Reduction? Yes No ✓
Indicate by checking whichever provides the lowest classification:
BIOLOGICAL WASTEWATER: 1 2 vl' 3 4
COLLECTION SYSTEM: 1 2 3 4
SPRAY IRRIGATION: SUBSURFACE: LAND APPLICATION:
PHYSICAL/CHEMICAL CLASS I: PHYSICAL/CHEMICAL CLASS II:
REGIONAL OFFICE INFORMATION:
RATED BY:
4
REGION: Asheville Regional Office DATE:
REGIONAL OFFICE TELEPHONE: [phone] EXTENTION:
_1_

BIOLOGICAL TREATMENT SYSTEMS:
Indicate by checking whichever provides the lowest classification.
Class I Biological WPCS
Septic tank - sand filter systems
Biological lagoon systems
Constructed wetlands and associated appurtenances
Class II Biological WPCS
Systems that utilize and activated sludge or fixed growth process with a flow less than or
equal to 0.5 million gallons per day (MGD).
Class III Biological WPCS
Systems that utilize an activated sludge or fixed growth process with a permitted flow of
greater than 0.5 through 2.5 million gallons per day (MGD).
Class II systems that are required to achieve biological nutrient reduction*
Class IV Biological WPCS
Systems that utilizing an activated sludge or fixed growth process with a permitted flow of
greater than 2.5; million gallons per day (MGD).
Class III systems that are required to achieve biological nutrient reduction*
*Biological Nutrient Reduction-The reduction of total nitrogen or total phosphorous by an
activated sludge or fixed growth process as required by the facilities permit.
COLLECTION SYSTEMS:
Classification of Water Pollution Control Collection Systems:
Indicate by checking whichever provides the lowest classification.
Same classification as biological water pollution control system.
Classification of wastewater treatment system:
Based on population served (check one):
1,500 or Less = Class
1,501 to 15,000 = Class II
15,001 to 50,000 = Class III
50,001 or more = Class IV
_2_

,y information
OES permit#: NCO064416 Jackson County
Facility name: Cullasaja Home Owners' Association Inc.
WWTP class: II
Note: This development consists of — 285 homes, golf
course, community clubhouse and restaurant.
WWTP type: 0.150 MGD dual-train, activated sludge WWTP
with: dual aeration basins; dual clarifiers with
sludge return; aerobic digestors; tablet
chlorinator; chlorine contact chamber;
dechlorination unit; multi-media (sand &
anthracite) tertiary filters; five-day effluent
holding pond; and standby generator
WWTP location: east of US Hwy 64 & NC Hwy 28 intersection,
northeast of Highlands, NC
Responsible official: David A. Cull
Responsible. " 's title: General Manager, Cullasaja HOA, Inc.
Official's location: 1371 Cullasaja Club Drive; Highlands, NC 28741
Email: [e-mail]
Phone numbers
828-526-3531 David Cull, General Manager
828-526-3560 " - fax
828-526-3531 Lynn Long, HOA Manager (over WWTP)
828-506-9450 Mark Teague, ORC - cell
1-800-213-4035 Env. Inc. — office - toll-free
828-293-9396 Mark Teague - office @ Env. Inc.
828-293-1206 Env. Inc. - fax
Operator information
Contract ORC: Environmental Inc. — contract operations & labs
Mailing address: PO Box 954; Cullowhee, NC 28723
Location address: 5690 Old Cullowhee Road; Cullowhee, NC 28723
Email: environmental [e-mail]
Permit information
Date issued: 11-1-2007
Expiration date: 8-31-2012

Stream information v�
Stream & river basin: Norton Mill Creek; Savannah River Basin
Sub-basin: 03-13-01 Quad: Grid: G 6 SW
Stream classification: C — Trout* Drainage area sq mi: 0.49
Instream Waste Conc.: Average stream flow: 1.7 cfs
Summer 7Q10 cfs: 0.14 30Q2 cfs: 0.35 Winter 7Q10 cfs: 0.18
* downstream ORW
Other information
Directions: Travel on US Hwy 64 East toward Highlands.
The facility is — 6 miles from the traffic light in
Cashiers, on the left.
\\

WDENR
North Carolina Department of Environment*and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 6, 2009
Mr. George S Schmitt
Mark Laurel Homeowner's Association
PO Box 375
Highlands, NC 28741
SUBJECT: Compliance Evaluation Inspection
Mark Laurel WWTP
Permit No: NCO061930
Macon County
Dear Mr. Schmitt:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on June 30, 2009. The facility was found to be in compliance with permit
NC0061930.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff, should have any questions, please call me at 828-296-4500 extenton 4662.
Sincerely,
1.
C d"lGt� ���i
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone: [phone] FAX: [phone] ;Va ul'allly
Customer Service: 1-877-623-6748
Internet:www.ncwaterquality.org

�\
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___

United States Environmental Protection Agency
//��
Washington,D.C.20460
Form Approved.
_rjA OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO061930 111 121 09/06/30 117 181 CI 19I SI 201 I
Remarks
21L� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIlill16
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 OA ---------------------------Reserved----------------------
67 I 1.0 169 70 13 I 711 I 72 I N I 73 Lij 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)
Mark Laurel WWTP
03:00 PM 09/06/30 07/10/01
215 N 4th St Exit Time/Date Permit Expiration Date
Highlands NC 28741 03:30 PM 09/06/30 12/08/31
Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Dale Howard Wike/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
George S Schmitt,PO Box 375 Highlands NC 28741//828-526-2412/ Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit N Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) � / Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
DO
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
47V
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cow
3I NCO061930 I11 121 09/06/30 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Operators:
The certified, contract operators from Environmental Inc., Dale Wike and Joe David Hall,
assisted in the inspection.
Operator in Responsible Charge: Dale Wike - Grade II - Certificate#27314
Back-up Operator: Joe David Hall - Grade II - Certificate# pending
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 9-19-2008 by Janet Cantwell.
The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report for 7-1-2007 to 6-30-2008, was received on October 16, 2009.
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
This facility appears to be well operated and maintained.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits. -
Items needed /deficient:
Wastewater Management Plan
A Wastewater Management Plan was required to be submitted 180 days after issuance (8-31-2007) of
the current permit.
Please refer to Part A. (2.) of the permit and address the following:
Alternatives Analysis;
Facilities Assessment;
Optimization Plan;
Biosolids Management Plan;
Communications Plan.
If this Plan has not already been submitted, please do so, as soon as possible.
Send this Plan to the Asheville Regional Office, to the attention of Roger Edwards.
Page# 2

Permit: NCO061930 Owner-Facility: Mark Laurel WVVrP
action Date: 06/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ E 0
Is the facility as described in the permit? ■ ❑ 171 ❑
#Are there any special conditions for the permit? N n n n
Is access to the plant site restricted to the general public? N n n n
Is the inspector granted access to all areas for inspection? M n n n
Comment: Wastewater Management Plan was required to be submitted 180 days
after issuance (8-31-2007) of the current permit.
Please refer to Part A. (2.) of the permit and address the following:
Alternatives Analysis; Facilities Assessment; Optimization Plan; Biosolids Management
Plan; Communications Plan.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual FA
b.Mechanical f1
Are the bars adequately screening debris? n n n
Is the screen free of excessive debris? ❑ ❑ rl
Is disposal of screening in compliance? 0 n n n
Is the unit in good condition? W ❑ ❑ F1
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? no n n
Are surface aerators and mixers operational? f1 ❑ 0 n
Are the diffusers operational? ❑ n F1
Is the foam the proper color for the treatment process? ❑ ❑
Does the foam cover less than 25%of the basin's surface? n ❑ n
Is the DO level acceptable? ❑ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ i1 ❑
Comment:
Secondary Clarifier Yes No NA NE
Page# 3

Permit: NCO061930 Owner-Facility: Mark Laurel WWTP
Inspection Date: 06/30/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ® n
Are weirs level? ® n n n
Is the site free of weir blockage? ® n n n
Is the site free of evidence of short-circuiting? ® n n n
Is scum removal adequate? ® n n n
Is the site free of excessive floating sludge? ® n n n
Is the drive unit operational? n n ® n
Is the return rate acceptable(low turbulence)? ® n n n
Is the overflow clear of excessive solids/pin floc? ® n n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) n n n
Comment:
Disinfection -UV Yes No NA NE
Are extra UV bulbs available on site? ® n n n i
Are UV bulbs clean? n n nl
Is UV intensity adequate? n n n
Is transmittance at or above designed level? ® n n n
Is there a backup system on site? n ❑ n
Is effluent clear and free of solids? n n n
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? 0 n n n
Are the receiving water free of foam other than trace amounts and other debris? 0 n ❑ n
If effluent (diffuser pipes are required) are they operating properly? n n n
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n n
Judge,and other that are applicable?
j_
Comment:
Page# 4

l
oos
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,y Eaves Perdue Coleen H. Sullins Dee Freeman
governor Director Secretary
July 7, 2009
David and Elaine Thomas
5684 US Highway 19E
Mars Hill, North Carolina 28754
Subject: Return of Application
401 Water Quality Certification
Thomas Property: Farm Access Improvement Project
DWQ Project # 09-0526
Madison County
Dear Mr. and Mrs. Thomas:
The Division of Water Quality (DWQ) has reviewed the most recent application submittal, dated June 5, 2009,
for the subject project. The information required to complete the review process was not sufficient. Therefore,
the project application is considered incomplete and inadequate for review by the Division of Water Quality
(DWQ).
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification will be required, as well as the additional
information presented below.
Additional Information Required:
1. Purpose of the Proposed Project
As part of the Project Description/Purpose of the project:
"In addition to re-establishing their,farm access, the Thomas'wish to build a berm on the
downstream side of the road to create a buffer between the highway and their residence."
While the Division understands the need for the farm access, another means to create a buffer
between the highway and the residence can be viable and must be evaluated. In the description
of the project, the application indicates that the length of stream to be culverted is partially
dependent on the slopes of the berm. These impacts are not deemed necessary to achieve
property access.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org vYaturally
An Equal Opportunity':Affirmative Action Employer

July 7,2009
Page 2 of 2
A certification cannot be issued unless there is no practical alternative to the actN.,
impacts are minimized [ref. 15A NCAC 02H .0506(b & 0]. Again, please continue t..
your consultant to minimize the impacts to surface waters. The Division will work diligo",
with you so that you may gain access to your farm, but the addition of excess fill may not 6�..
necessary and it may be possible to further reduce the culvert size, if the berm design is remove_,„
2. Fill Material
The cover letter for your project, submitted by Michael Baker Engineering, also indicates that fill
material from the NC Department of Transportation (NCDOT) US Highway 19E project may be
used on your property. Please be aware that due to mitigation restrictions, NCDOT would have
to provide additional mitigation for impacts on your property. Should you desire to place fill
material in State surface waters from the NCDOT project, you must submit proof of mitigation
from the NCDOT Division Engineer, as part of any further request to place fill in waters.
Upon receipt of a complete application, which addresses the above concerns, the Division will promptly review
the package and respond accordingly. Please call Susan A. Wilson [phone], if you have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Carmen Horne-McIntyre, Michael Baker Engineering, Inc.
797 Haywood Road, Suite 201, Asheville,NC 28806
David Baker- US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Mike Parker- ARO
ARO File copy
GAWPDA"fA\DEMWQ\MadisoM40Iffhomas Property\Return'fhomas prop 7 2009.doc
. `LJ

y.�..- r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
>erly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 71, 2009
Mr. Mike Pettyjohn, P.E.
Division Engineer
N.C. Department ol—Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Subject: Inspection
NCSR 1328 (Playmore Beach Road)
DWQ Projcct No. 080372
TIP No. B-3624
Caldwell County
Dear Mr. Pettyjohn:
On June 24, 20091, 1 visually inspected the construction wort: at Bridge No. 190 at the Johns River in Caldwell
County. The site had been graded and the new bridge approaches had been constructed. The project appeared
to be in good shape, however; no work taking place at the time of inspection. The erosion and sedimentation
control structures,vegetative covering, mulching and matting appear to be working properly.
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Heath Slaughter, Division 11, DEO
Neil Trivett.e, Roadside E.rivironmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Pettyjohn)B-3624.tune 2009 Inspection
Location:2090 U.S.Highway 70.::,wannanoa.Nash Carolina 28778
Phone:[phone]i FAX.[phone]"Customer Service 1-87-623-6748 011c
Internet:www rlmaterquality.org N�o^/rt�hC)ai-olfiia
An Equal opportunity 1 Affirmative Ac11on EmPloye / /
r v r b�t��`ul`y

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parka Date; June 24,2009
County: Caldwell [Legion: Asheville —�
DOT Division: Division I I —�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: NW Permit /d IP 4: 1 3481
Project Name: B-3624 Bridge Replacement
Location of Project: NCSR 1328 Smiles southwest of Lenoir,NC
Project Complete: ❑Yes X No if no, estimated date of completion:
Activities (DOT): Water Quality Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap 1n1eU0utlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ bailed E & S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ lone 1 Est Acres I ❑ Zone 2 Est Acres ❑
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact: —�
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear W acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWQ Site Visits for DO`h Projects
Background Info
Name of Waterway(s): Johns River
Basin/Subbasin: Ci'B -030831
Wetland Type: ❑Isolated ❑Non-Isolated (Waters of IDS)
Stream Class: ❑Class 13 0303d Listed ❑WS-11 ❑WS-V ❑SB
X❑Class C ❑ORW [:]"Trout ❑WS-III ❑NSW
❑IIQW ❑WS-I ❑WS-lV RSA FICA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑hill
Authorized Wetland Impacts: ❑0-- 1/10"' acre X❑I/I I"' to 1/3'd acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑ No
Compliance issues identified: ❑Ycs ❑No
If yes,complete the section below:
Looked at entire project. New bridge approaches had been graded. Sediment and erosion
control measures had been installed and appeared to be in good shape.
Continue to maintain sediment and erosion control structures to protect state surface waters.
06-24-09 B-3624 Inspection Report

Y17A'r
,�,, l"
NCDENR
North Carolina Department of Environment and Natural Resources
Division rat'tNater Quallly
,erly Eaves Perdue C;oieen H. SU11i11a Dee Freeman
Governor 11irector Secretary
.lulu 7, 2009
Mr. Mike Pettyjohn,
Division Engineer
N.C. Department of Transportation
Post Office Box 250 "
North Wilkesboro, North Carolina 28659
Subject: Inspection
US 1 Iighway 321
DWQ Project No. 041246
TIP No. R-223713
Caldwell County
Dear Mr. Pettyjohn:
On June 24,2009, 1 visually inspected the construction work on US Highway 321 in Caldwell County and the
project appeared to he in good shape. Construction wort: is mainly taking place at the northern and southern
ends of the project. The erosion and sedimentation control structures, vegetative covering, mulching and
matting appear to be working properly.
Continue to ensure that all sediment and erosion control Stllldures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio, P.E.
Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Niki Maher, NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Pettyjohn)US I lighwny 321 Rune 2009 Inspection
Location:2090 U.S Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]'+.FAX:[phone]'\.Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org North Cal-of.I n a
An Equal Opportunity'.Affirmative Action Employer Natulwlllf

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Datc: [June 24,2009
County: Caldwell Region: I Asheville
DOT Division: DiVlSion 1 I` _�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follrn,\, Lip (",valuation ❑ Other
DWQ 401 1/: NW Permit /1- 11) #: 1 3481
Project Name: U S 1-144hway 321 Widening
Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC
Project Complete: ❑Yes X No If no, estimated date of'completion:
Activities (DOT): Water Quality Concerns (DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ bailed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Storn"iwater Permit Violation
❑ Stream Restoration ❑ I ill
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
X❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ "Lone I Est Acres � � ❑ `hone 2 Est Acres ❑
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact: I —�
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Ycs ❑No I:st linear II/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Fst linear IV acreage of buffer impact ft/ ac
Buffer Designation: []Exempt ❑.AIlowable ❑Allowable w/mitigation ❑Prohibited

DWQ Site Visits for DOT Projects
Background )info
Name of Waterway(s): Rocky Cove Creek,Greenfield Branch,unnamed tributary to Puncheon
Camp Creek, unnamed tributary to Right Fort: Mulberry('reek.
unnamed tributary to Left Fort: Mulberry Creek
Basin/Subbasin: C"ft -0308 31 Yadkin-030701
Weiland Typc: ❑lsolated x❑Non-Isolated (Waters of US)
Stream Class: ❑Class 13 0303d I-isted ❑WS-II ❑WS-V ❑SI3
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑liQw ❑ws-1 X❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap 1111et/OUtICt Stabilization X❑Dill
Authorized Wetland Impacts: ❑0- 1/10"' acre X❑I/I 1`" to 1/3,d acre 0.16 acres
❑1/3" to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Ycs X❑ No
Compliance issues identified: ❑Yes ❑No
If yes, complete the section below:
Looked at entire project. Most work is taking place at the northern and southern ends of the
project. Some other minor fill and grading work is taking place along the rest of the project.
Roadway shoulders are being worked and permanently seeded.
There are some concerns about the southern part of, the project. Steep slopes and sediment
could pose a problem if not properly controlled. This area should be watched carefully and
additional sediment and erosion measures may be required.
Continue to maintain sediment and erosion control structures to protect state surface waters.

1 p yp
� 1
mm�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 7, 2009
Mr. Martin Lashua, Regional Manager
Carolina Water Service of NC
Utilities Inc. Water
PO Box 240908
Charlotte NC, 28224-0908
SUBJECT: Compliance Sampling Inspection
Bear Paw WWTP
Permit No: NCO023001
Cherokee County
"bear Mr. Lashua:
Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection
conducted on April 23, 2009. Don Price and Roger Edwards conducted this inspection, in response to a
complaint received by the Asheville Regional Office. Based upon results of samples collected and on-site
observations, the facility was found to be in Compliance with permit NC0023001.
Please refer to the enclosed inspection report for additional observations and comments. If you or your
staff should have any questions, please call me at 828-296-4500.
Sincerely,
Don Price
WWTP Consultant
Enclosure
cc: Phillip Murphy, ORC
Central Files
Asheville Files
�7One 7
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:[phone] Fax:[phone] Customer Service 1 877 623-6748 .1.V orth Caro.!i na
Internet:www.ncwaterqualimativ �atI rail '
An Equal Opportunily'�AHirmalive Action Employer Naturally

United States Environmental Protection Agency
-JA Washington,D.C.20460 Form Approved.
t 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 IN 2 15I 31 NCO023001 111 121 09/04/23 117 18I SI 191 SI 201 I
Remarks
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved----------------------
671 169 70131 711 I 72I N I 73 L_U 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)
Bear Paw WWTP
10:00 AM 09/04/23 07/11/01
100 M Below Hiwassee Dam Exit Time/Date Permit Expiration Date
Murphy NC 28906 01:30 PM 09/04/23 12/08/31
Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Phillip K Murphy/ORC/828-644-5066/
Name,Address of Responsible Official/Title/Phone and Fax Number
Phillip Murphy,PO Box 240908 Charlotte NC Contacted
282240908//704-525-7990/7045258174 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance ®Records/Reports ®Facility Site Review ®Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessa
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Roger C Edwards '* r ARO WQ//828-296-4500/ �1L'cr
Don Price Point Source Branch//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Susan A Wilson / ARO WQ//828-294-4500/ -7/ o�
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (Coll.,
3I NCO023001 I11 12I 09/04/23 117 18IS1
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This inspection was conducted as a result of a complaint received in the ARO. Samples collected of 001
discharge from the WWTP revealed the following:
BOD-7.3 mg/L ; TSS-7 mg/L; Fecal Coliform -4 colonies/100 mL; Total P-0.02 mg/L; TKN-0.26 mg/L;
NH3-N-0.02 mg/L; NO2 + NO3- 0.14 mg/L
On-site measurements revealed the following: pH-7.41 su; Temp. - 14.8 degrees Centrigrade;
DO - 7.67 mg/L.
In addition to WWTP sampling, the ESS (Environmental Sciencies Section) of NCDENR-DWQ conducted
field measurements of Hiwassee Lake above the Dam, which is also above the 001 discharge.
Measurements for DO, pH, Temp., Conductivity, and Secchi Depth revealed the following: DO- high=10.8
mg/L, low=7.4;
pH- high=8.6 su, low=6.4 su; Secchi, high= 3.5 m, low= 2.2 m; Conductivity- low= 28 umhos/cm,high= 34
umhos/cm. Review of all data collected indicates no negative impact to the stream.
The ORC, Mr. Phillip Murphy, indicated that"Bio-Tech" (803-796-8925),was the Sludge hauler for excess
sludge produced from the facility. Review of data from DMR's from July 2008 to February 2009 indicates the
flow for the WWTP ranges from 5300 gallons per day to 6400 gallons per day. With this low of a flow being
treated in an 80,000 gallon per day facility, like the one at Bear Paw, sludge accumulation will be minimum,
if it accumulates at all.
Results from the samples collected and field measurements in addition to site observations indicate the
facility to be in compliance with NPDES permit NC0023001. Also, it appears the WWTP is NOT the cause
for the complaint received by ARO staff. The time and assistance of ORC, Phillip Murphy, in conducting this
inspection is appreciated.
Page# 2

.-ermit: NCO023001 Owner-Facility: Bear Paw WWTP
,don Date: 04/23/2009 Inspection Type: Compliance Sampling
.perations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ f l n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n On
Judge, and other that are applicable?
Comment: Facility staff conduct Settleable Solid measurement(s) and WWTP
Dissolved Oxygen measurement(s) to insure plant operates effectively.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ n n
Are surface aerators and mixers operational? (] n ■
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ ❑ n ❑
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n n f1
Is the DO level acceptable?(1.0 to 3.0 mgll) ❑ n n
Comment: DO (dissolved oxygen) measurements of the aeration basin were not
evaluated during the inspection, but based upon aeration basin appearance and lack of
conspicuous odors, the aeration basin was judged to be operating properly.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ® n n n
Is the site free of weir blockage? ® n n n
Is the site free of evidence of short-circuiting? ® n n n
Is scum removal adequate? ® n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n ❑ n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) n n n ■
Comment:
Page# 3

Phillip Murphy[[e-mail]
Thursday, May 14, 2009 2:23 PM
Price, Don
Cc: Tony Konsul
Subject: RE: Bear Paw WWTP (Sludge) disposal
Mr. Price, In answer to your question about who my source is for sludge hauling it is Bio-Tech and their contact number is
[phone]. We have never had a need to get rid of sludge since I have been the ORC of the plant and prior to me I
don't know if sludge was hauled or not. It looks like we had some really good results on the sampling and thanks for the
info. If I can be of any further assistance let me know. Thanks, Phillip Murphy
From: Price, Don [mailto:don,[e-mail]]
Sent: Thursday, May 14, 2009 9:48 AM
To: Phillip Murphy
Cc: Edwards, Roger
Subject: Bear Paw WUVTP (Sludge) disposal
Hi Phillip,
1 know we spoke regarding the"Sludge"generation and disposal for any accumulations that may occur there at the Bear
paw WWTP last month after our April 23, 2009 visit. In our discussion we determined that due to the "reduced" loading
(organic and Biological), and the "size"of the WWTP (80,000 Gal.capacity, not including secondary clarifiers),the
accumulation of sludge does not occur as one would expect, and you have a company that can pump out and remove
sludge when and if it is needed. Could you please respond back via e-mail with the contact information regarding this
company and the last time you,or someone prior to you wasted sludge and had pumping there at the facility.You
Assistance in this is greatly appreciated,and for you information our lab has not release data from samples collected
from your plant, but BOD,TSS, and coliform were as follows: BOD-7.5 mg/L,TSS-7 mg/L,and co►iform was 4
colonies/100 ml.Thanks,and let me know if you need more information. Don Price.
Don Price, [e-mail]_v
North Carolina Dept.of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality-Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
1

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
ry Eaves Perdue Coleen H. Sullins Dee Freeman
,ivernor Director Secretary
July 8, 2009
Mr. Scott Lowman
Cherokee Marine Systems
P.O. Box 1302
Vidalia, GA 30475
Subject: Request for More Information
401 Water Quality Certification
Ten Slip Private Marina L,ot 8 (Luckystone Subdivision)
DWQ Project 9 09-0568
Jackson County
Response deadline: August 10, 2009 or 30 days from receipt
Dear Mr. Lowman:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Luckystone Dock Association does not appear to be a legally registered entity. In order to
permit this activity, the permittee must be a legally registered entity with the Secretary of State.
2. The proposed 10 slip marina will be located in Lake Glenville, as Class WS-II1, B, HQW water
body. Per 15A NCAC 213 .0215(3)(b)(i)(II) for WS (water supply) water bodies, water
dependent structures "may be allowed where no practicable alternative exists." Because the lake
hosts public marinas,please provide information as to the necessity of an additional marina.
3. Information and/or concurrence from .Jackson County should be provided ensuring that the
proposed marina and associated access complies with Jackson County watershed ordinances (as
this is a Class WS-1Il water body).
Location:2090 U S H14hu iy 70,Swannanoa.No th Carolina..25 a
Phone'828 296 4500 FAX 828-2 9'04 i ' (AO.) e `e v:ce 1 > '-f,2s ii74;, Une-
Internet:www.ncwaterqual;ty.ory N o.rt11 C ar of t na
An Equal Opportunity Mlrm+'id!ve,14.0!or Lrnplo*vr.r

July 8,2009
Page 2 of 2
Please provide your response in writing to the addresses below prior to August 10, 2009 or 30 days from
receipt. Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US I l W Y 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Susan A, Wilson [phone], if you have any questions.
Sincerely,
CLL t'c'Z'<c .
RoJgerJC. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Ms. Lori Beckwith - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly- 401 Permitting Unit
Jackson County Planning
Mr. William O. Young, P.O. 537, Glenville, NC 28736
Ms. Lisa Leatherman, Duke Power Lake Management, P.O. Box 1006, Charlotte, NC 28201-1006
ARO File copy
G:\WPDA'I'A\UfiMWQ\Jackson\401s fcn Slip Marina Luckystone Subd\Addlnfo 09-0568 July 2009.doc
• i

I&J4.1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,ty Eaves Perdue Coleen H. Sullins Dee Freeman
,overnor Director Secretary
July 8, 2009
Mr. Scott Lowman, Authorized Agent
Cherokee Marine Systems
P.O. Box 1302
Vidalia, GA 30475
Subject: Request for More Information
401 Water Quality Certification
Ten Slip Private Marina L,ot 1 (Summer Cove I IOA)
DWQ Project -9 09-059 3
Jackson County
Response deadline: August 10, 2009 or 30 days from receipt
Dear Mr. Lowman:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Summer Cove Homeowners Association does not appear to be a legally registered entity. In
order to permit this activity, the permittee must be a legally registered entity with the Secretary
of State.
2. The proposed 10 slip marina will be located in Lake Glenville, as Class WS-III, B, HQW water
body. Per 15A NCAC 213 .0215(3)(b)(i)(H) for WS (water supply) water bodies, water
dependent structures "may be allowed where no practicable alternative exists." Because the lake
hosts public marinas, please provide information as to the necessity of an additional marina.
3. Information and/or concurrence from Jackson County should be provided to ensure that the
proposed marina and associated access complies with Jackson County watershed ordinances (as
this is a Class WS-1I1 water body).
Location:2090 U.S.Highway 10,Swarmanca,North Carolina 28778 t)I]C
Phone:[phone]M FAX [phone]'�.Custornei Service 1-877-623-6748 One C110j1111
Internet:www.ncwaterquality.ory
NGXtlltally
An Equal Opportunity`Aflinra3L'.E:Ar..hGn E:rnpioyr,r

July 8,2009
Page 2 of 2 �`�
Please provide your response in writing to the addresses below prior to August 10, 2009 or 30 days from
receipt. Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US IJWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Susan A. Wilson [phone], if you have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Ms. Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Jackson County Planning
Mr. William O. Young, P.O. 537, Glenville, NC 28736
Ms. Lisa Leatherman, Duke Power Lake Management, P.O. Box 1006, Charlotte,NC 28201-1006
ARO File copy
G:\WPDA'I'A\DIiMWQ\.Iackson\ztOIs\Summer Cove 10 slip Marina\Addlnlo 09-0593 July 2009.doc

Afflj'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 8, 2009
Mike Evers
Evers, LLC
552 Corbin Road
Franklin, North Carolina 28734
Subject: Request for More Information
401 Water Quality Certification
Evers, L,LC
DWQ Project# 09-0662
Macon County
Response deadline: August 10, 2009 or 30 days from receipt
Dear Mr. Evers:
i'he Division of Water Quality (DWQ) has performed a preliminary review of 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Locate planned sewer lines on the site plans.
2. The necessity of constructing Outparcel El 3 should be reconsidered to avoid impacts or
reconfigured to minimize impacts.
3. The necessity oi'the entrance road from Setser Branch Road should be reconsidered to avoid
and/or minimize impacts.
4. According to the submitted application, the culvert impacts total 145 feet. However, the
"Stormwater Management Plan" and "Conceptual Plan for Culvert Permit" drawings appear to
depict culvert impacts lengths of 150 and 156 feet, respectively. Please clarify the culvert impact
length and provide the necessary corrected drawings.
Location:2090 U.S.Highway 70,Swannanoa,Noli Carolina 28778 w. QIl( 7 Phone:[phone]M FAX:[phone] Customer Service:1-877 623-6748 N{)t .11 Cal Ojl11c`l
Internet:wwncwaterquality.org
An Equal Opportunity l Affirmative Anion Employer

Mike Evers
July 8,2009
Page 2 of 3
5. According to the application, the proposed advert is to be connected to an existing culve'l,
shown along or within the property boundary. Please provide the installation date of the exis.,
culvert.
6. Property and project boundaries are not clearly depicted. Please provide site plans with clearly
depicted property and project boundaries.
7. Please provide a field study of the infiltration rate of the in situ soils in the location of the
proposed infiltration trench. If the infiltration rate is less than 0.52 inch/hour, then please select
another device to treat the stormwater from this site. Please provide a BMP Supplement Form
for each proposed best management practice that will be used on the site (including both
worksheets, Design Summary and Required Items Checklist), as well as all of the required items.
The BMP Supplement Forms are available on the DWQ web site at:
http:L/iLo_cnr.statc,iic:.us/su/brnp forms.htm.
8. If the soil study shows that the infiltration rate will support an infiltration trench, then please
address the following issues:
a. Per the BMP Manual, please provide a flow splitter device to bypass storm volumes that are
in excess of the treatment volume as determined from the one-inch storm. Volume in excess
of the treatment volume shall be evenly distributed across a minimum 30 foot wide vegetated
filter strip.
b. There appear to be a number of discrepancies on the Stormwater Management Plan sheet
about various aspects of the infiltration basin design, such as the use of a 4" sand filter and
filter fabric and the dimensions of the device. Please correct these discrepancies in your
resubmittal.
c. Per the BMP Manual, infiltration trenches should be lined with a layer of sand with a depth
of four inches or greater. Also, drainage media should be enclosed on all sides by a
geotextile filter.
d. Please re-size the infiltration trench based on the actual infiltration rate of the in-situ soil.
e. Per the BMP Manual, trench depths must be between three and eight feet. The DWQ
recommends that you consider a more shallow infiltration trench to avoid hitting rock and for
better cost-effectiveness.
f. Per the BM.P Manual, the width of an infiltration trench should be less than 25 feet.
g. Per the Required Items Checklist, please show the boundaries of the proposed drainage
easement around the inf-iiltration basin.
h. Please specify a minimum slope of 0.5% for the underdrain pipes. Please also specify the
size and spacing for the underdrain pipe perforations. You may wish to consult section 5.7 of
the BMP manual.
i. Per the I3MP Manual, please provide a pretreatment device to remove sediment prior to the
stormwater entering the main treatment area of the infiltration basin.

:ovide your response in writing to the addresses below prior to August 10, 2009 or 30 days from
pt. Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 29778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions,
incerely,
r ,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Wanda Austin -- I leaven's Rose, Inc. (c-copy)
Lori Beckwith - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Macon County Planning
ARO File copy
(1:\WPC)A I A\I)I:MWO\Macon\1a01s\l vcrs\09-066? Evers Addlnfo 7-1-09.doc

Aij;A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 8, 2009
Mr. Joe Cline, Executive Director
T uckaseigee Water& Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
Subject: Permit No. WQ0034194
Tuckaseigee Water & Sewer Authority
(TWSA)
Dillsboro CDBG Sewer Project
Wastewater Collection System Extension
Jackson County
Dear Mr. Cline:
In accordance with your application received on June 29, 2009 we are forwarding herewith
Permit No. WQ0034194, dated July 8, 2009, to the TWSA for the construction and operation of the
subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing
board.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Sw.annanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

TWSA July 8, 2009 Page 2� ,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the TWSA for the construction and operation of approximately 620 linear feet of 8-inch
gravity sewer; as a part of the Dillsboro CDBG sewer project with no immediate discharge of new
wastewater, pursuant to the application received on June 29, 2009 and in conformity with 15A NCAC
2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit.
The sewage and wastewater collected by this system shall be treated in the TWSA Wastewater
Treatment Facility (Permit No. N00039578) 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)
296-4659.
Sincerely,
zt
for Co$een H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0039578)
Victor Lofquist, PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT ARID NATURAL RESOURCES
TUCKASEIGEE WATER& SEWER AUTHORITY
DILLSBORO CDBG SEWER PROJECT
JACKSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034194
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No WQ0034194 TWSA, Dillsboro CDBG Sewer Project, Jackson County, July 8 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following-
2

VV00034194 TWSA Dillsboro CDBG Sewer ProjQ_qt Jackson County July 8. 2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 8th day of July, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�.^
for iCok yen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Plumber WQ0034194
3

Permit No WQ0034194 TWSA Dillsboro CDBG Sewer Project Jackson County July 8 2009
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
620 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
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 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
............................................................................................:
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow �J
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.

�sf
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 10,2009
Mr.Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary,North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0100
Permit No.NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr.Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for March 2009 showed the following violations:
Parameter Date Measuring Violation
Frequency
- Temperature 3/07/09 5 X Weekly Failure to Monitor
Temperature 3/14/09 5 X Weekly Failure to Monitor
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, �,)P)
Roger C.Edwards,Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab&Operations/ ORC
G:\WPDATA\DEMWQ\Avery\42358 Adams Apple Condo\42358 NOV-2009-MV-0100.doc NorthCarolina
�ati�rall�
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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�_i

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 10, 2009
Greg Crawford
Highlands Country Club
Post Office Box 220
Highlands,North Carolina 29741
Subject: Notice of Violation Closure
Club Lake
401 Project Number: 08-0164
NOV-2009-SS-0013
Macon County
Dear Mr. Crawford:
The Division of Water Quality(DWQ) has received a report from ClearWater Environmental
Consultants,Inc. reporting the remedial actions completed in response to the Notice of Violation
and Recommendation for Enforcement (NOV) noted above.
DWQ has reviewed the information provided, including the photographs. The written response and
documented results have satisfactorily resolved the violations noted in the subject NOV.
Thank you for your cooperation in this matter. Should you have any questions or concerns,please
contact me at(828) 296-4664.
Sincerely,
O �
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: ClearWater Environmental Consultants (e-copy)
Josh Ward—Town of Highlands (e-copy)
ARO File Copy
DWQ Central Files
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE NorthCarolina
Location:2090 U.S.Highway 70,Svannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Nahlrall'ff
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

�'
N C D ER A
North Carolina Department of Environment and Natural Resources
Division of water Quality
iverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 10, 2009
Jeffery W Dotson
Town of Forest City
PO Box 728
Forest City NC 280430728
SUBJECT: Pretreatment Compliance
Inspection
Forest City WWTP
Permit No: NCO025984
Rutherford County
Dear Mr. Dotson:
Enclosed please find a copy of the Pretreatment Compliance Inspection Report
from the inspection, which Jeff Menzel and I conducted on June 30, 2009. The Town's
approved pretreatment program was found to be in compliance with applicable
pretreatment requirements and with permit NC0025984.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by Sonny Penson during the inspection was greatly
appreciated. If you have any questions, please do not hesitate to contact me at 828-296-
4500.
Si erely,��
.f
Keith Haynes
Environmental Senior Specialist
Enclosure
cc: Sonny Penson, ORC
PERCS
Asheville Files
G:\WPDATA\Dt Mi i'VQ\Rutherford`25984 Forest City L"I AIL T P PC16.30.09.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarol/ina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 �atu1,a/[�
Internet:www.ncwaterguality.orq

United States Environmental Protection Agency Form Approved.
—P/\ Washington,D.C.20460
/`1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I N) 2 151 31 NCO025984 111 121 09/06/30 117 181 PI 19I SI 201 I
Remarks
21111I I1111IIIIIIIIIII IIII LIII IIIIIIII IIIIIIIIII16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------—----Reserved----------------------
67I 169 701 I 711 I 721 NJ 73 LL1 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)
Forest City WWTP
09:45 AM 09/06/30 04/01/01
397 Riverside or Exit Time/Date Permit Expiration Date
Forest City NC 28043 12:05 PM 09/06/30 08/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Banard Norris Penson/ORC/828-248-5217/
Name,Address of Responsible Official/Title/Phone and Fax Number
Jeffery w Dotson,PO Box 728 Forest City NC 280430728/WWTP
Contacted
Superintendent/828-248-5217/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
Keith Haynes � ARO WQ//828-296-4500/ ? V 7
Signature of Manageme Q A R 'ewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards " �ry
6-L ARO WQ//828-296-4500/ / /0-- 0
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO025984 I11 12I 09/06/30 I17 18IPI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
See attached PCI form
Page# 2

-ENTS:
oe in very good order.
INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type
L N- N I C f 0 1 0 1 2 1 5 191 81 4 1 1 06 130 1 09 1 L I f —S—j L 2 j
(DTIA) (TYPI) (INSP) (FACC)
1. Industry Inspected: HANES BRAND INDUSTRIES
2. Industry Address: 1331 West Main Street
3. Type of Industry/Product: None-formerly textiles
4.Industry Contact: Houston Boggs Title:_Facility Mgr.
Phone: Fax:
5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®YES ❑NO
6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ®YES ❑NO
B. Plant Tour ®YES ❑NO
C. Pretreatment Tour ❑YES ❑NO—Not applicable
D. Sampling Review ❑YES ❑NO—Not applicable
E. Exit Interview ®YES ❑NO
Industrial Inspection Comments: This industry has recently ceased operations. Almost all machinery has been removed and the building is for
sale.
OVERALL SUMMARY AND COMMENTS:
Comments:_This inspection was perfonned to verify that the facility had ceased operations and that any rther discharge of industrial waste
from the site should not occur.
Requirements: Keep up the good work.
Recommendations:
NOD: ❑ YES ®NO
NOV: ❑YES ®NO
QNCR: ❑YES ®NO
POTW Rating:
Satisfactory X Marginal Unsatisfactory
PCI COMPLETED BY: Keith Haynes '( y DATE: June30 2009
NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3

NORTH CAROLINA DIVISION OF WATER QUALITY
PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT
,ND INFORMATION [Complete Prior To PCI;Review Program Info Database Sheet(s)]
Control Authority(POTW)Name: Town of Forest City
Control Authority Representative(s): Sonny Penson
3. Title(s): Pretreatment Coordinator/ORC
4. Last Inspection Date:_09/04/08 Inspection Type(Check One): ® PCI ❑ Audit
5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ® YES ❑NO
6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ YES ®NO
Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑ NO
PCS CODING
Trans.Code Main Program Permit Number MM/DDIYY Inspee.Type Inspector Fac.Type
NJ I N I C 1 0 1 0 1 2 15 19 18 14 1 1061301091 L P_ Ls J 1 I
(DTIA) (TYPI) (INSP) (FACC)
7. Current Number Of Significant Industrial Users(SIUs)? _5 SIUS
8. Current Number Of Categorical Industrial Users(CIUs)? 2 CIUS
9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0
10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0
11.Enter the Higher Number of 9 or 10 0 NOIN
12.Number of SIUs With No IUP, or With an Expired IUP NOCM
13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 1 0 PSNC
Semi-Annual Periods(Total Number of SIUs in SNC)
'4.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC
5.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS
16,Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0
Semi-annual Periods
POTW INTERVIEW
17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ® YES ❑NO
If Yes,What are the Parameters and How are these Problems Being Addressed? NH3 and Cyanide
18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ® NO
Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints, Increased
Sludge Production,Etc.)?
If Yes,How are these Problems Being Addressed?
19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: 0
either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: 0
Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: NA
20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an
Order,Has a Signed Copy of the Order been sent to the Division? NONE
21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑ YES ®NO
Ones?
LTMP/STMP FILE REVIEW:
22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑ NO
2..3. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑ NO
Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO
25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO DWQ Inspector,please verify yourself.
26. If NO to 23-26,list violations
2.7. Should any Pollutants of Concern be Eliminated from or Added.to LTMP/STMP? ®YES ❑NO
If yes,which ones?Eliminated: Cr,Ag,Ni Added:
NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1

28. PRETREATMENT PROGRAM ELEMENTS REVIEW—Please review POTW files,verify POTW has',,,,.,"
their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro.,
Program Element Last Submittal Last Approval Da,
Date In file? Date In file If App
Headworks Analysis(HWA) 09/09/08 ®Yes ❑ No 03/13/09 ®Yes ❑ No 03/01%ice
Industrial Waste Survey(IWS) 10/13/08 ® Yes ❑ No 02/26/09 ®Yes ❑ No 09/01/13
Sewer Use Ordinance(SUO) 05/14/07 ® Yes ❑ No 06/07/07 ®Yes ❑ No ----
Enforcement Response Plan(ERP) 04/16/03 ® Yes ❑ No 06/02/03 ®Yes ❑ No ----
Long Term Monitoring Plan(LTMP) 09/21/04 ® Yes ❑ No 10/27/04 ®Yes ❑ No ----
INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION)
29. User Name 1.Hanes Brand � . I ✓.
30. IUP Number 0001 ��—
31. Does File Contain Current Permit? Z Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No
32. Permit Expiration Date 02/28/11
33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A Not applicable
34. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No
to Permit Issue Date?
35. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ElNo El Yes ❑ No �❑Yes ❑ No
36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No a. ❑Yes ❑No a. ❑Yes ❑No
b.If No, is One Needed?(See Inspection Form from POTW) b. ❑Yes❑No b. ❑Yes❑No b. ❑Yes ❑No
37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic F ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
Organic Management Plan(TOMP)?
a.Does File Contain Original Permit Review Letter from the Division? a. MYes ❑No a. ❑Yes ❑NoT-
38. a. ❑Yes ❑No
b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No❑N/Ab.❑Yes❑No❑N/A
39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No F
Yes ❑ No ❑Yes ❑ No
its Sampling as Required by IUP,includingflow?
40. Does File Contain POTW Sampling Chain-Of-Custody Forms? F®Y e I ❑Yes ❑ No 11 ❑Yes ❑ Nod
41. During the Most Recent Semi-Annual Period,Did the SIU Complete its MYes❑No❑N/A ❑Yes❑No❑N/A F ❑Yes❑No❑N/A
Sampling as Required by IUP,including flow?
41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports F®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑NIA
_ on time?
42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
file includeprocess/dilution flows as Required by IUP?
42b.For categorical IUs with Production based limits, does file include ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
production rates and/or flows as Required b IUP?
43a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No
All Limits Non-Compliance from Both POTW and SIU Sampling?
43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
All Re ortin Non-Com liance from SIU Sampling?
44. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑NoNN/A a.❑Yes❑No❑N/A L
N/A
Monitoring Violations?
b.Did Industry Resample and submit results to POTW Within 30 Days9 b.❑Yes❑No®N/A b.❑Yes❑No❑N/A N/A
c.If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/Aof SIU limit violations in the POTW's sam lin of the SIU? c.❑Yes❑No❑N/A N/A
46. Durin the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No ❑Yes ❑ No No
47. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)?
48. Does the File Contain Penal Assessment Notices? ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
49. Does The File Contain Proof Of Penalty Collection? Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A
50. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A Fb.DYesDNoDNh
.❑Yes❑No❑N/A a.❑Yes❑No❑N/A.'
_ b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A A b.❑Yes❑No❑N41�­-
51. Did the POTW Representative Have Difficulty in Obtaining Any of This ElYes ® No ❑Yes ❑ No ❑Yes ❑ No
Requested Information For You?
NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2

JA4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,deverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 13, 2009
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 July 7, 2009. Don Price and I of the Asheville Regional
Office conducted the Compliance Evaluation Inspection. The facility was found to be in
Compliance with permit NC0026697.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by Jeff Kimsey and Layton Shuh during the
inspection was greatly appreciated. If you or your staff has any questions, please do not
hesitate to contact me at 828-296-4500.
Sincer ty,
Keith Ha Y nes
Environmental Senior Specialist
Enclosure
cc: Jeffery Kimsey, ORC
Central Files
Asheville Files
G:\WPDATA:0EMWQ\C1ay\26697 Hayesville WWTP\CE1070709.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 o hCarolina
w.Internet:wwncwatergualitv.orq GrtAmally

United States Environmental Protection Agency
Washington,D.C.20460 Form Approved.
f'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 NCO026697 111 121 09/07/07 117 181 CI 191 gl 201
211III IIII Ilia llll II RemarksII IIII IIII IIIIIill1III IIIi � i16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------—-----Reserved----------------------
67I 169 701 I 711 I 72I N I 73 L1J 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)
Hayesville WWTP
01:05 PM 09/07/07 08/02/01
NCSR 1300 Exit Time/Date Permit Expiration Date
Hayesville NC 28904 02:10 PM 09/07/07 12/08/31
Name(s)of Onsite Representative(s)/Titles(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
Michael Anderson,PO Box 838 Hayesville NC Contacted
28904//828-389-1361/8283891471 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Flow Measurement Operations&Maintenance 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
Keith Haynes ARO WQ//828-296-4500/ 7D., r'
A U-'
Don Price Point Source Branch//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat
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 NCO026697 I11 12I 09/07/07 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The facility appeared to be properly operated and adequately maintained.
Page# 2

ermit: NCO026697 Owner-Facility: Hayesville VWVTP
[ion Date: 07/07/2009 Inspection Type: Compliance Evaluation
.jperations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge, and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ n
Is the facility as described in the permit? ❑ ❑
#Are there any special conditions for the permit? n n ■ n
Is access to the plant site restricted to the general public? ® ❑ ❑ n
Is the inspector granted access to all areas for inspection? ® n n ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical (1
Are the bars adequately screening debris? ® n n n
Is the screen free of excessive debris? ® n n n
Is disposal of screening in compliance? ® n n n
Is the unit in good condition? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? n n ■ n
Is the basin free of bypass lines or structures to the natural environment? n ❑ ■ n
Is the basin free of excessive grease? n n ■ n
Are all pumps present? n n ■ n
Are all pumps operable? n n ■ ❑
Are float controls operable? ❑ n ■ n
Are audible and visual alarms operable? n n ■ n
#Is basin size/volume adequate? n n ■ n
Comment: There is an EQ basin on site, but it is used only during heavy rains.
Page# 3

Permit: NCO026697 Owner-Facility: Hayesville WWTP
Inspection Date: 07/07/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ® n
Are weirs level? ■ n n n
Is the site free of weir blockage? n n n
Is the site free of evidence of short-circuiting? ® ❑ n n
Is scum removal adequate? ■ n ❑ n
Is the site free of excessive floating sludge? N n n n
Is the drive unit operational? n n N 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) n n n ■
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Diffused
Type of aeration system
Is the basin free of dead spots? n ❑ n
Are surface aerators and mixers operational? n n ■ 0
Are the diffusers operational? ■ l n n
Is the foam the proper color for the treatment process? ■ n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n n
Comment:
Disinfection-Gas Yes No NA NE
Are cylinders secured adequately? ■ n n n
Are cylinders protected from direct sunlight? ■ n n n
Is there adequate reserve supply of disinfectant? n n n
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Page# 4

rermit: NCO026697 Owner-Facility: Hayesville WWTP
,.;tion Date: 07/07/2009 Inspection Type: Compliance Evaluation
Disinfection-Gas Yes No NA NE
Is there chlorine residual prior to de-chlorination? ■ ❑ n ❑
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? ❑ ❑ ■ n
If yes,then is there a Risk Management Plan on site? ❑ In ■ ❑
If yes,then what is the EPA twelve digit ID Number?(1000- -_j
If yes,then when was the RMP last updated?
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ ❑ n n
Is the generator tested by interrupting primary power source? ■ o ❑ n
Is the generator tested under load? ® n n n
Was generator tested&operational during the inspection? n ❑ n ■
Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n ❑ ■
Is the generator fuel level monitored? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Gas
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n n
Is storage appropriate for cylinders? ® n n n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? n n ■ n
Are tablet de-chlorinators operational? n n ® n
Number of tubes in use?
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ n n n
Is flow meter calibrated annually? ® ❑ n Cl
Is the flow meter operational? ❑ ■ 0 ❑
(If units are separated) Does the chart recorder match the flow meter? ® n In
Page# 5

Permit: NCO026697 Owner-Facility: Hayesville WWTP
Inspection Date: 07/07/2009 Inspection Type: Compliance Evaluation
Flow Measurement-Effluent Yes No NA NE
Comment: The flow meter is currently out of operation and has been sent for repairs.
The ORC is currenly estimating flow and will note such on the DMRs.
Yes No NA NE
Effluent Pipe
Is right of way to the outfall properly maintained? Q n ❑
Are the receiving water free of foam other than trace amounts and other debris? • ❑ n n
If effluent (diffuser pipes are required) are they operating pro erl ? ❑ ❑ ❑
Comment: The effluent was relatively clear with only a trace of suspended solids. No
visible adverse impacts were noted in the receiving stream.
Page# 6

NCDENR
North Carolina Department of Environrnent and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Ms. Leigh W. Young
Buncombe Properties
PO Box 18133
Asheville, NC 28814
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0301
Permit No. NCO068152
Eden Glen Mobile Village WWTP
Buncombe County
Dear Ms. Young:
A review of Eden Glen Mobile Village WWTP's monitoring report for March 2009 showed
the following violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20' C) 03/11/09 45 mg/I 46 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 Wanda Frazier.
Noi thCarolina
Natcrra!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwatergualitv.org FAX [phone]

Ms. Leigh W. Young
Buncombe Properties
Page 2 of 2
July 14, 2009
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
--Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra — Compliance Enforcement
WQ Central Files
ARO Files

•
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North Carolina Department of Environrri ent and Natural R;"source
Division of Water rQIiaality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. Aaron Hamlin
Wedgefield Acres Mobile Home Park
558 Pond Road
Asheville, NC 28806
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0103
Permit No. NCO062634
Wedgefield Acres MHP WWTP
Buncombe County
Dear Mr. Hamlin:
A review of Wedgefield Acres MHP WWTP's monitoring report for March 2009 showed
the following violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or 03/01/2009 thru i Continuous I Failure to monitor flow continuously
thru treatment plant 03/31/2009 (7 days / week)
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 Wanda Frazier.
o�„
NorthCarolina
>. JVatirr�lly
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

Mr. Aaron Hamlin
Wedgefield Acres Mobile Home Park
Page 2 of 2
July 14. 2009
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional
information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at
828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra — Compliance Enforcement
WQ Central Files
ARO Files

AN'
w ih
T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. Wendell T. Howard
HRS Land Development LLC
204 Charlotte Hwy; Suite G
Asheville, NC 28803
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0302
Permit No. NCO087556
Ledgestone Subdivision WWTP
Buncombe County
Dear Mr. Howard:
A review of Ledgestone Subdivision WWTP's monitoring report for March 2009 showed
the following violations:
Date Limit Reported Limit Type
Parameter Value Value
Total Suspended Solids 03/18/09 45 mg/I 46 4 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 Wanda Frazier.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality,org FAX [phone]

Mr. Wendell T. Howard
HRS Land Development LLC
Page 2 of 2
July 14, 2009
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
r P'L'
f—Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra Compliance Enforcement
WQ Central Files
ARO Files

NCDENR
North Carolina Department of E.nvironrnent and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. Belvin Hall
Buncombe County Board of Education
175 Bingham Road
Asheville, NC 28806
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0104
Permit No. NCO061182
North Buncombe High School
Buncombe County
Dear Mr. Hall:
A review of North Buncombe High School's monitoring reports for March and April 2009
showed the following violations:
Date Measuring Frequency Violation
Parameter
Dissolved Oxygen 03/06/09 Weekly Failure to monitor weekly
Dissolved Oxygen 03/13/09 Weekly Failure to monitor weekly
Dissolved Oxygen 03/20/09 Weekly i Failure to monitor weekly
Dissolved Oxygen 03/27/09 Weekly ! Failure to monitor weekly
Dissolved Oxygen 04/03/09 Weekly ( Failure to monitor weekly
NorthCaroI in
Natura!!ll
North Carolina Division of Water Quality 2090 U.S. Highway 70,Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

Mr. Belvin Hall
Buncombe County Board of Education
July 14, 2009
Page 2of2
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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
oger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra
WQ Central Files
ARO Files

B
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r..,,,,.»,,,,.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. Tim Doane
TA Operating Corporation
PO Box 451100
Cleveland, OH 44145
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0299
Permit No. NCO085952
Candler Travel Center
Buncombe County
Dear Mr. Doane:
A review of Candler Travel Center's monitoring report for March 2009 showed the
following violations:
Parameter Date Limit Reported Limit Type
Value Value
Dissolved Oxygen 03/12/09 6 mg/I 5.6 mg/I Daily Minimum Not Reached
- - ---------
Dissolved Oxygen 03/19/09 6 mg/I 5 mg/I Daily Minimum Not Reached
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 Wanda Frazier.
Onc
North Carolina
,Naturally
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

Mr. Tim Doane
TA Operating Corporation
July 14, 2009
Page 2 of 2
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at
828-296-4500.
Sincerely,
�--Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra — Compliance Enforcement
WQ Central Files
ARO Files

WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.>verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 14, 2009
Mr. Jerry Mears, Solid Waste Manager
Buncombe County Solid Waste Management Facility
85 Panther Branch Road
Alexander,NC 28701
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Buncombe County Landfill
Permit No: NCG120058
Buncombe County
Dear Mr. Mears:
This letter is in follow-up to the NPDES Stormwater Permit compliance inspection conducted on
June 8, 2009. The facility was found to be in compliance with permit NCG120058. Issues noted
during the previous compliance inspection(record keeping, secondary containment) have been
resolved.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and
comments for your reference (in the summary section). I appreciate your and Ms. Smith's time
during the inspection. A letter regarding representative outfall status will be sent under separate
cover.
Please contact me at(828) 296-4665 or Susan.A.Wilson(2cncdenr. ov, if I can be of any further
assistance.
Sincerely,
p14 ,
lv�
Susan A. Wilson
Environmental Engineer
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
G:\WPDATA\DEMWQ\Buncombe\Stormwater Landfill NCG12\Buncombe County Landfill\NCG120058 Inspection letter 7 2009.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorthCarollna
An Equal Opportunity 1 Affirmative Action Employer
Naturally

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Compliance Inspection Report
.,nit: NCG120058 Effective: 11/01/07 Expiration: 10/31/12 Owner:Buncombe County Solid Waste-Mgmt Facility
SOC: Effective: Expiration: Facility: Buncombe County Landfill
County: Buncombe 85 Panther Branch Rd
Region: Asheville
Alexander NC 28701
Contact Person: Jerry Mears Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/08/2009 Entry Time: 09.25 AM Exit Time: 03:00 PM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Landfill Stormwater Discharge COC
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
®Storm Water
(See attachment summary)
Page: 1

Permit: NCG120058 Owner-Facility: Buncombe County Solid Waste-Mgmt Facility
Inspection Date: 06/08/2009 Inspection Type: Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by Mr. Jerry Mears and Ms. Kristy Smith of Buncombe County. Representative(s) of DWM
and DLR were also present to conduct their respective inspections. A tour was conducted of the exterior of the facility,
observing the stormwater conveyances, outfalls and site conditions. The facility has 6 designated stormwater outfalls and
an enclosed vehicle maintenance area. During the visit stormwater records for the previous two years were reviewed. .
At the time of the inspection the site was found to be in compliance with the permit. The facility appeared to maintain
good housekeeping practices and records were found to be in good order.
No Stormwater Pollution Prevention Plan was reviewed as this is not a requirement of the landfill general stormwater
permit.
Two noteworthy items were indicated during the visit.-
-The maintenance area is covered. The wastewater from the oil/water separator associated with this area is sent to an
onsite septic system. Since the previous inspection, the fuel tank area (with secondary containment) has been covered
and the drain has been plugged (as recommended). There is no discharge from this area.
-We discussed obtaining representative outfall status at the facility. Noting the areas that the stormwater basins drained
and the ultimate receiving streams,we determined that SDP4 can represent SDP3, and SDP5 can represent SDP10.
SDP11 and SDP7 will remain separate outfalls. This will reduce the number of stormwater outfalls to 4. {Per Ms. Smith's
request July 13, 2009, we'll have SDP10 represent SDP5 due to the bench mark exceedance at SDP10).
-Outfall SDP11 is difficult to access. For safety as well as access purposes,you should consider the addition of steps at
this outfall. In addition, the area should be seeded/stabilized-sediment was observed in the area which has the potential
to reach surface waters.
Page: 2

Permit:NCG120058 Owner-Facility: Buncombe County Solid Waste-Mgmt Facility
:,pection Date: 06/08/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n
Comment: Qualitative monitoring was performed on all outfalls (weekly and/or after a
0.5 inch rainfall event).
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ® n ❑ n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ❑ ® fl
Comment: Analytical monitoring has been performed semi-annually. However, this
year due to the significant rainfall during the first 6 months, it has been extremely
difficult to obtain a sample (hard to meet the 72 hours without a rainfall event).
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ® ❑ n n
#Were all outfalls observed during the inspection? ® ❑ n n
#If the facility has representative outfall status, is it properly documented by the Division? n n ® ❑
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ ❑ ■
Comment: The facility is seeking representative outfall status. We discussed this after
the site visit.
Page: 3

AAVIFA
J;
A'CiD E N R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Ter Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 14,2009
Mr.Jerry Mears,Solid Waste Manager
Buncombe County Solid Waste Facility
85 Panther Branch Road
Alexander,NC 28701
Subject: NPDES Stormwater Permit
Permit No. NCG120058
Representative Outfall Status Request
Buncombe County Solid Waste Facility
Buncombe County
Dear Mr. Mears:
The Asheville Regional Office staff has reviewed your request dated February 12,2009 (with
additional information submitted June 25,2009)for a determination that stormwater discharge
outfall SDP4 be granted representative outfall status for stormwater outfall SDP3, and stormwater
discharge outfall SDP10 be granted representative outfall status for stormwater outfall SDP5. Based
on the information and maps provided, along with the site inspection conducted June 8,2009,we are
approving this request. In accordance with 40 CFR §122.21(g)(7),you are authorized to sample
outfall numbers SDP4 and SDP10 as representative outfalls.
In addition,this approval extends representative status to these outfalls for qualitative monitoring
and grants the County relief from weekly qualitative monitoring for these representative outfalls.
Buncombe County is required to perform qualitative monitoring on a quarterly basis and/or after a
0.5 inch rain event[please refer to the attached table]. All other monitoring required by Permit No.
NCG120058 shall remain,including the required analytical monitoring for SDP4 and SDP10. This
approval is effective with the next sampling event.
Please remember that any actions you initiate in response to benchmark exceedences as directed in
the tiered response provisions of your permit must address all drainage areas represented by outfalls
SDP4 and SDP10, where appropriate.
Please append this letter to your permit to document that representative outfall status has been
approved (along with the current site diagram submitted with your request). If changes in drainage
areas,structures,processes,storage practices,or other activities occur that significantly alter the basis
of this approval,representative outfall status may no longer be valid. You should either resume
sampling at all SDOs,or reapply to this office for representative outfall status based on updated
information.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterouality org NorthCarollna
An Fnual nnnorhmity 1 Affrmative Action Fmnlover +�'� imall

Mr.Jerry Mears
Buncombe County Solid Waste Facility
July 14,2009
Page 2
If you have any questions or comments concerning this letter,please contact Susan A.Wilson at(828)
296-4500 or at [e-mail].
Sincerely,
7
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Asheville Regional Office
Central Office/Stormwater Permitting Unit
Central Files
G:\WPDATA\DEMWQ\Buncombe\Stormwater Landfill NCG12\Buncombe County Landfill\ROS Letter NCG120058 7 2009.doc
I
2

j Solid Waste Facility
Buncombe County Solid Waste Facility
Permit No. NCG120058
Table 4. Qualitative Monitoring Requirements (Addendum and Modification)
-Discharge Characteristics Frequency MonitoringLocation
Color Once per quarter and/or after a SDP4 and SPD10
0.5 inch rain event
Odor Once per quarter and/or after a SDP4 and SPD10
0.5 inch rain event
Clarity Once per quarter and/or after a SDP4 and SPD10
0.5 inch rain event
Floating solids Once per quarter and/or after a SDP4 and SPD10
0.5 inch rain event
Suspended solids Once per quarter and/or after a SDP4 and SPD10
0.5 inch rain event
Foam Once per quarter and/or after a SDP4 and SPD10
0.5 inch rain event
Oil Sheen Once per quarter and/or after a SDP4 and SPD10
0.5 inch rain event
Erosion or deposition at the Once per quarter and/or after a SDP4 and SPD10
outfall 0.5 inch rain event
Other obvious indicators of Once per quarter and/or after a SDP4 and SPD1.0
stormwater pollution 0.5 inch rain event
Note: Buncombe County continues to be subject to all other monitoring and conditions
specified in NCG120000.
3

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
July 14,2009 .
Mr. Rick Spurling,Assistant Superintendent
Mitchell County Board of Education
72 Ledger School Road
Bakersville,North Carolina 28705
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0297
Permit No.NCO066737
Mitchell High School WWTP
Mitchell County
Dear Mr. Spurling:
A review of Mitchell High School WWTP's monitoring report for March 2009 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform,Fecal MF,M-FC 03/17/09 400 4/100ml 800 4/100ml 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,
Roger C. Edwards, Regional Supervisor
Surfa:�e Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Tony R. Crowder/ORC
G:\WPDATA\DEMWQ\Mitchell\66737 Mitchell High School\66737 NOV-2009-LV-0297.doc NorthCarolina
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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
,everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 14, 2009
Mr. Patrick E. Carlton, Trustee
P.O. Box 2128
Cashiers,NC 28717
Subject: Return of Project and Additional Information Required
401 Water Quality Certification
Chinquapin Irrigation Supply Project
DWQ Project# 09-0569
Jackson County
Dear Mr. Carlton:
The Division of Water Quality (DWQ) has reviewed the application submittal for the subject project. The
information required to complete the review process was not sufficient. Therefore,the project application is
considered inadequate for review by the Division of Water Quality (DWQ).
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification will be required, as well as the additional
information presented below. The Division understands that the Army Corp of Engineers has also returned
your project due to incomplete application/incomplete information.
Please provide the following information when and if you choose to resubmit your project for review:
Additional Information Requested:
1. The proposed pump system will be placed in Robinson Creek, as Class WS-III,Tr waterbody in
the Little Tennessee River Basin. Per 15A NCAC 2B .0215(3)(b)(i)(H) for WS (water supply)
water bodies, water dependent structures"may be allowed where no practicable alternative
exists." No demonstration has been made in the application regarding the feasibility of
alternatives to the pumping system (via drilling a deeper well,rainwater harvesting, or the use of
reuse water on the golf course, or other means of water conservation).
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One L,r
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOI`C11�arO1llla
Internet:www.ncwaterqualo.org
An Equal Opportunity 1 Affirmative Action Employer

Mr.Carlton
July 14,2009
Page 2 of 2
2. The Division is unable to determine the impact to the stream from the information prc,
Maximum pumping capacity(include pump sizing) and maximum predicted withdrawal 6.
be provided, in addition to the 7Q 1 Os flow of the stream. Approval must be based on worse,-,
conditions—which is maximum withdrawal under low flow stream conditions.
3. A scaled drawing should be provided indicating temporary impact, access to stream and Tulip
Pond(including Tulip Pond).
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Susan A. Wilson at(828) 296-4665, if you have any
questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Ms. Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
George Buchholz,EcoEngineering, 2905 Meridian Parkway, Durham,NC 27713
Jackson County Planning
ARO File copy
G:\WPDATA\DEMWQ\Jackson\401s\Chinquapin Irrigation supply\Chinquapin Irr addinfo 7 2009.doc

f.�•
NCDENR
North Carolina Department of Environment and Natural Resources
E)ivision of Water 101.1ia0y
overly naves Perdue Coieen H. SuiliriS Dee Freeman
Governor Director Secretary
July 14, 2009
Mark Fortner
25 Holly, l Iills Road
Bryson City, NC 2871 3
Subject: Return of Application
401 Water Quality Certification
Mac's Indian Village
DWQ Project# 09-0269
Jackson County
Dear Mr. Fortner:
The Division of Water Quality (DWQ) has not received the information requested in the letter dated April 27,
2009, for the subject project. Therefore, the project application is considered incomplete and inadequate for
review by the Division of Water Quality (DWQ),
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.
Additional Information Required:
1. Clarify Project Size and Plans.
Section B. Project Information Il1 b lists property size at 33.5 acres. but states in #6b that future
plans are three phases of approximately 20 acres each. Please clarity the size of the project. In
this same section it is stated that the anticipated activities are construction of roadway and
driveway for 1-acre residential lots. Please submit proposed site plan layout with roadways and
lots.
2. Specify all Proposed Impacts.
Section C. Proposed Impacts 43 requests 149 feet of'permanent stream impacts for one impact
location. It is unclear where the impact is to take place and for what purpose. An aerial map was
included in the application submittal indicating a proposed culvert. A roadway width for this
project does not justify 149 feet of impact for a stream crossing, Ifthe impact is far one roadway
crossing then Section I) needs to be further described and justified. Please keep in mind
mitigation is required once you go over 149 feet of impacts.
Loca it 7 >"90 U.S.Highway 10 Swannanoa,North 28
l.,)
Phone � 296 45001 f�AX 828 299-7043't Custurn ,;- .�., 1. '7 23 t,
o vfiC.,� -o ina
Intor�, t �n,vJ.ncwaterquality o�g
An Efmaj, [,xorttuntty.Affirmative Action Ernployer

Mark Fortner
July 14,2009
Page 2 ol'2
3. Stormwater Management Requirements.
Section E. Stormwatcr Management 82a. lists 0% imperviousness for the project. All pro[,.,,,,
building footprints, roads, driveways, sidewalks; gravel-surfaced areas, amenity areas, etc. n(
to be considered for the percent of imperviousness of the project. A Stormwater Management
Plan (SMP) must be provided for any drainage areas that exceed 24 percent imperviousness.
4. Violation Documented
A site visit was conducted on April 8. 2009, Greater than 150 feet of an Unnanmed Tributary to
Soco Creek was channelized, representing loss of best use which is a Water Quality Stream
Standard violation oi' 15A NCAC 0211 .0211 (2). The violation has occurred at the proposed
culvert location indicated on the acrial map submitted with the application. Please explain why
these impacts occurred without prior authorization. The stream channel must be restored, the
stream banks must be stabilized, and replanting of the riparian zone will be required.
Attached please bind the 401 Oversight/1::ahress Permitting PC'N Sa bmiltal Checklist. This document provides a
comprehensive list of submittal requirements and is also available from the DWQ website:
htti)://h2o.enr state_n�u5 t)c.wctl�in(Isi, !I—YiIIII- tn�I
Upon receipt of a complete application along with the applicable fee, the DWQ will promptly review the
package and respond accordingly. Please call Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
%-011.1 C
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: US Army Corps of F,ngincers Asheville 1�leld Office
David McHenry - North Carolina Wildlife Resources Commission
Jackson Co. Planning I)ept.
Cyndi Karoly - 401 Permitting Unit
ARO File copy
(i WPDA`f MINN WQ\.lacksonA401s\09-0.101)kclurn.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 14, 2009
Mr. Rick Spurling, Assistant Superintendent
Mitchell County Board of Education
72 Ledger School Road
Bakersville, North Carolina 28705
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0298
Permit No. NCO066737
Mitchell High School WWTP
Mitchell County
Dear Mr. Spurling:
A review of Mitchell High School WWTP's monitoring report for April 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 04/21/09 400#/100ml 2,500#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. It has been noted that
there have been several fecal violations in 2009 and 2008. Previous fecal violations include one daily max on the 03/09
DMR, a monthly average and a daily max on the 05/08 DMR, a daily max on the 02/08 DMR and two daily max violations
on the 01/08 DMR. This system uses Ultraviolet Radiation for disinfection and it appears to not be consistently working
properly.
Please respond in writing within fifteen (15) days to this office as to the reasons for the frequency of the fecal
violations. Please also discuss how to fine-tune the operation of the Ultraviolet Radiation system to prevent/minimize
future fecal violations. Continuing fecal violations could result in future penalty assessments.
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,
L2CFZGtC4
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Tony R. Crowder/ORC
G:\WPDATA\DEMWQWIitchell\66737 Mitchell High School\66737 NOV-2009-LV-0298.doc NorthCarolina
Natll wlll,�
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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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0300
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for March 2009 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day 03/27/09 45 mg/I 47.5 mg/I Daily Maximum Exceeded
(200 Celcius)
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 Wanda Frazier.
Onc
NorthCarolina
;Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

Mr. Wittner Wright
Havon Inc.
Page 2 of 2
July 14, 2009
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this Office for additional
information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at
828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra -- Compliance Enforcement
WQ Central Files
ARO Files
r

AIFWIF
4 y WJA
rc6ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. Dirk Cody
Tapoco Lodge Inc.
14981 Tapoco Road
Robbinsville, NC 28771 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0105
Permit No. NCO023281
Tapoco Lodge & Village WWTP
Dear Mr. Cody: Graham County
A review of Tapoco Lodge & Village WWTP's monitoring report for March 2009 showed
the following violations:
Parameter Date Measuring Frequency Violation
Flow 03/01/2009 Continuous Failure to monitor continuously
(7 days/week)
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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this Office for additional
information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at
828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra — Compliance Enforcement
WQ Central Files
ARO Files NorthCarolina
Xtura11Y
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. James C. Woodham
Resources Planning Corporation
PO Box 1298
Cashiers, NC 28717 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0303
Permit No. NCO068918
Cedar Hill WWTP
Dear Mr. Woodham: Jackson County
A review of Cedar Hill WWTP's monitoring report for March 2009 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20' C) 03/31/09 30 mg/I 31.5 mg/I Monthly Average Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the reverse of the relevant DMR provided an adequate
explanation for the subject violation, it is not requested that a response be submitted: however,
should you have additional information concerning the violations or comments which you wish
to present, please submit them to the attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra — Compliance Enforcement
WQ Central Files NorthCarolina
ARO Files naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. George S. Schmitt
Mark Laurel Homeowner's Association
PO Box 375
Highlands, NC 28741 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0108
Permit No. NCO061930
Mark Laurel WWTP
Dear Mr. Schmitt: Macon County
A review of Mark Laurel WWTP's monitoring report for February 2009 showed the
following violation:
Parameter Date Measuring Frequency Violation
Temperature 02/18/2009 5 days /week Failure to monitor 5 days/week
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 Wanda Frazier.
The Division of Water Quality may.pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Enclosure Surface Water Protection Section
cc: Bob Guerra — Compliance Enforcement
WQ Central Files r>ortncoiina
ARO Files 11vatura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone (828)296-
4500 Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX (828)
299-7043

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A74L)
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. John Cilone
149 Fair Haven Drive
Bostic, NC 28018 Subject: NOTICE OF VIOLATION
NOV-2008-LV-0304
Permit No. NCO079448
Fair Haven Home
Dear Mr. Cilone: Rutherford County
A review of Fair Haven Home's monitoring report for February 2009 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Fecal Coliform 02/18/09 400 #/100ml 500 #/100ml 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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish to
consider applying for a Special Order by Consent. You may contact Keith Haynes of this Office
for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Enclosure Surface Water Protection Section
cc: Bob Guerra — Compliance Enforcement
WQ Central Files one
No lhCarolina
ARO Files Vatmrallry
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwatergualitV.org FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 14, 2009
Mr. George Shook, Jr.
Wildcat Cliffs Country Club
770 Country Club Drive
Highlands, NC 28741
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0107
Permit No. NCO075612
Wildcat Cliffs Country Club WWTP
Dear Mr. Shook: Macon County
A review of Wildcat Cliffs Country Club WWTP's monitoring report for February 2009
showed the following violations:
Parameter Date Measuring Frequency Violation
Dissolved Oxygen 02/08/09 Weekly Failure to monitor weekly
Dissolved Oxygen 02/15/09 Weekly Failure to monitor weekly
Dissolved Oxygen 02/22/09 Weekly Failure to monitor weekly
Dissolved Oxygen 03/01/09 Weekly Failure to monitor weekly
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 Wanda Frazier.
NorthCarolina
�aturallr�
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation andi,.,
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Bob Guerra — Compliance Enforcement
WQ Central Files
ARO Files

'�
;A
NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 14.. 2009
CERTIFIED MAIL CERTIFIED MAIL
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
7007 1490 0004 0798 9234 7007 1490 0004 0798 9241
Burt Baine Keith Vinson
Queens Gap Mountain, LLC Queen's Gap Investments, I,I,C
PO Box 30 32 Orange Street
Rutherfordton, NC 28139 Asheville, NC 28801
SL'B.IICT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-PC-0615
Queens Gap
401 Water Quality Certification - WQC 00 3754
Stream Standard Violation - Other Waste (In-stream sediment)
401 Water Quality Certification (WQC) Conditions
Rutherford County
Response deadline: July 30, 2009 or 15 days from receipt
I:)ear Messrs. Baine and Vinson:
On .July 2, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at the Queens Gap Development in Rutherford County,
Mr. Baine, Mr, Jim Kiefner, Mr. Bill Beek (Division of Land Resources) and Ms. Darlene Kucken
(DI,R) were present.
Stream standard and 401 WQC condition violations were noted. Sediment impacts to an unnamed
tributary to Stone Creek (Classified C/Tr) were documented.
VIOLATIONS
1. Stream Standard Violation - Other Waste (In-stream sediment) I5A NCAC 0213 .0211
(3)f— An indeterminate length of an unnamed tributary to Stone Creek (classified C/"T'r)
was impacted by sediment deposition upwards of 24 inches throughout the stream reach,
representing Water Quality Stream Standard violation of ]5A NCAC 0213 .0211 (3) (1)
SURFACE WATER l-ROTLC ION SECTION-ASHEVILLE REGIONAL OFFICE One
Localion 2090 l 9 Highway 0 wannanoa.North Carolina 28778 North'C/arolina
interne':
: w w.n 45 t FAX: Or 19'�i'04s Custom er Service.1-877-623- 748 �GltllrGr��l�/
�nttrn .: yLv�Wn;w4iCRlilly )tt

Burt Baine/Keith Vinson
Ally 14.2008
Page 2 of 4
II. 401 WQC Condition Violations — WQ0003754, approved on August 26, 2008,
specified that the activities must adhere to, among others, the following conditions:
Sediment and Erosion Control
2. 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 C'Ontrol 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit Application.
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. Sediment and erosion control measures shall not be placed in wetlands or waters
without prior approval from the Division. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, design and placement of temporary
erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and
downstream of the above structures. All sediment and erosion control devices they
shall be removed and the natural grade restored within two (2) months of the date that
the Division of Land Resources or locally delegated program has released the project.
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090
US IJWY 70, Swannanoa. NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater
Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)

a. Please provide a map that details the jurisdictional waters on the tract and identifies
and quantifies all unpermitted impacts. This map should also indicate any off-site
waters that have been impacted.
b. 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 or other fill from all impacted waters. 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 development of the Restoration
Plan and authorization necessary to achieve compliance. It is recommended that
your consultant contact Chuck Cranford of the Asheville Regional Office for
additional guidance during restoration plan development. The Restoration Plan
should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
® A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
c. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
II. 401 WQ Certification
a. Refer to the items above in I. a.-c. for response requirements.

Burt Baine/Keith Vinson
July 14,2008
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at(828)296-4664.
Sincerely,
Roger
UU 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
Jennifer Robertson—WNR(e-copy)
G:\WPDATA\DEMWQ\Rutherford\Stormwater Construction NCGO10\ncr000591queensgap\NOV-2009-PC-0615_7-8-09.doc ;'

A74MLIA
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor - Secretary
July 14, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9227
Chad Ebulon Cabe
Hutch Mountain Estates b„
100 Kristy Cabe Dr
Fletcher,NC 28732
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Hutch Mountain Estates
DWQ Tracking Number: NCROO1783
NOV-2009-PC-0625
Construction Stormwater Permit NCG010000
Stream Standard Violation - Other.Waste (In-stream sediment)
Henderson County
Response deadline: July 30, 2009 or 15 days from receipt
Dear Mr. Cabe:
On June 30, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at Hutch Mountain Estates in Henderson County. Mr.
Tim Fox of Henderson County Erosion Control was present.
Construction Stormwater Permit NCGO10000 and stream standard violations were noted during
the inspection. Approximately 350 feet of sediment impacts to an unnamed tributary to Flynn
Branch(Classified C/Tr) were documented.
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 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.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE one t,
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOTt11Car0�111a
Phone::[phone]\www.ncwaterquality.org
FAX: [phone] Customer Service:1-877 623-6745 ��tu�q���
Internet: www.ncwaterquality.org !�i`
An Equal Opportunity',Affirmative Action Employer

Chad Ebulon Cabe
July 14,2009
Page 2 of 3
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited in the Henderson
County erosion Control Notice of Violation dated June 29, 2009,represents a
violation of NCGO10000 Permit.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in the Henderson County
erosion Control Notice of Violation dated June 29,2009,represents a violation of
NCG010000 Permit.
c. 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 350 feet of an unnamed tributary to Flynn Branch (Classified C/Tr)
was impacted by sediment deposition measuring upwards of 34 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 the attention of Chuck Cranford, Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater
Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC
27699-1617. Your response should address the following items:
I. 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
proj ects.
II. Stream Standard- Other Waste (In-Stream Sediment)
a. Please submit a Sediment Removal Restoration Plan(Plan)to this office for review
and approval. The Restoration Plan must address removal of the accumulated
sediment from Flynn Branch. The Plan must be submitted to the Division of Water
Quality for review and approval prior to implementation. You are encouraged to
secure an environmental consultant experienced in stream restoration to assist you
with your development of the Plan and authorization necessary to achieve
compliance. It is recommended that your consultant contact Chuck Cranford of the

Asheville Regional Office for additional guidance during restoration plan
development. The Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at(828)296-4664.
Sincerely,
ci C'1• �
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Tim Fox Henderson County Erosion Control (e-copy)
G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGO1\Hutch Mountain Estates\NOV-2009-PC-0625 7-13-09.doc

AZ4Q
.wn
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 15, 2009
Ms.Vickie Turbyfill
Avery Development Corporation
P.O. Box 326
Newland, North Carolina 28657
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0109
Permit No. NCO033685
Mountain Glen Golf Club WWTP
Dear Ms. Turbyfill: Avery County
A review of Mountain Glen Golf Club's monitoring report for April 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
pH 04/25/2009 Weekly Failure to Monitor
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 at 8281296-4500.
Sincerely,
,-rt
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab &Operations/ORC
G:\WPDATA\DEMWQ\Avery\33685 Mountain Glen Golf Club\33685 NOV-2009-MV-0109.doc NorthCarolina
4at Nattrrallil
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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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 15, 2009
Mr. Aubrey L. Deaver
A&D Water Service Inc.
P.O. Box 1407
Pisgah Forest, North Carolina 28768-1407
Subject: NOTICE OF VIOLATION
N OV-2009-MV-0106
Permit No. NCO059421
Sapphire Lakes Plant WWTP#1
Transylvania County
Dear Mr. Deaver:
A review of Sapphire Lakes Plant WWTP#1's monitoring report for March 2009 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Continuous Flow 03/01/2009 Continuous Failure to Monitor
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 at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
G:\WPDATA\DEMWQ\Transylvania\59421 Sapphire Lakes WWTP#1\59421 NOV-2009-MV-0106.doc NorthCarolina
NWirra!!ry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauatity.on FAX [phone] 1-877-623-6748

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 15, 2009
Mr. Peter Robes
The Great Outdoors RV Resort, LLC
321 Thumpers Trail
Franklin, North Carolina 28734
Subject: Permit No. WQ0034211
The Great Outdoors RV Resort, LLC
Great Outdoors RV Resort
Wastewater Collection System Extension
Macon County
Dear Mr. Robes:
In accordance with your application received on June 26, 2009 we are forwarding herewith
Permit No. WQ0034211, dated July 15, 2009, to The Great Outdoors RV Resort, LLC for the
construction and operation of the subject wastewater collection system extension. With the issuance of
this permit Permit Number WQ 0032365 is declared null and void. This permit shall be effective from
the date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing
board.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

The Great Outdoors RV Resort, LLC July 15, 2009 ..
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 Great Outdoors RV Resort, LLC for the continued operation of approximately 2,171
linear feet of 6-inch diameter gravity sewer to serve the Great Outdoors RV Resort the discharge of
6,840 gallons per day of collected domestic wastewater into the Town of Franklin's existing sewerage
system, pursuant to the application received on June 26, 2009 and in conformity with 15A NCAC 2H
.0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;
the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of Franklin
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 Cole e �
n H. Sullins, Director
Division of Water Quality
cc: Macon County Building Inspector
Town of Franklin, Jay Gibson
ARO, Surface Water Protection (WWTF Permit No. NC0021547)
Larry A. Lackey, Jr., PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
THE GREAT OUTDOORS RV RESORT, LLC
GREAT OUTDOORS RV RESORT
MACON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034211
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
l

Permit W00034211 The Great Outdoors RV Resort LLC; Great Outdoors RV Resort Macon Co Jdi)
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection,
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. -
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

134211 The Great Outdoors RV Resort LLC; Great Outdoors RV Resort Macon Co July 15. 2009
a. .Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 15th day of July, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
fo 'Co en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034211
3

Permit W00034211 The Great Outdoors RV Resort LLC4 Great Outdoors RV Resort Macon Co July
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description: approximately 2,171 linear feet of 6-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following..
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the -
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
...................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

L® N
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 16, 2009
Mr. Ron Shemesh, CEO
159 Babcock Co. LLC
1379 Old Rosman Highway
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0110
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Dear Mr. Shemesh:
A review of Excelsior Packaging Group's WWTP monitoring report for March 2009 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine (TRC) 03/14/2009 2 X/Week Failure to Monitor
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 at 82812964500.
Sincerely,
6 161,:> ---
je- C � �
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Royal Water Works/ORC
One
G:\ PDATA\DEMWQ\Transylvania\00108 Excelsior\00108 NOV-2009-MV-0110.doc NorthCarolina
NaturallJ
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

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 16, 2009
Mr. Ron Shemesh, CEO
159 Babcock Co. LLC
1379 Old Rosman Highway .
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0306
Permit No. NC0000108
Excelsior Packaging Group WWTP
Transylvania County
Dear Mr. Shemesh:
A review of Excelsior Packaging Group's WWTP monitoring report for April 2009 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 04/07/09 400#/100ml 870#/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 action for this and any additional violations of State
law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville.Files
DWQ Central Files
Royal Water Works/ORC
One
G:\WPDATA\DEMWQ\Transylvania\00108 Excelsior\00108 NOV-2009-LV-0306.doc NorthCarolina
1 Vatttrallb,
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org FAX [phone] 1-877-623-6748

An-W�
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RUIDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 16, 2009
City of Brevard-Gallimore Rd. Multi Use Path
Terry Scruggs
95 West Main Street
Brevard, NC 28712
Subject: Activities Deemed Certified
Gallimore Rd. Multi Use Path
DWQ Project # 09-0714
Transylvania County
FrB /UT FrB /B
Dear Mr. Scruggs:
The Division of Water Quality(Division) has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
ft has been determined that the subject project does not require written concurrence from the Division and is
deemed certified, if the conditions required by Water Quality Certification No. 3705 are followed (attached). In
addition, the County should obtain or otherwise comply with any other required federal, state or local permits
before proceeding with the project, including (but not limited to) Erosion and Sediment Control regulations.
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards
Regional Office Supervisor, Surface Water Protection Section
CI-IS/lsw
w/attachment
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
ARO File Copy
G:\W PDATA\DF.M WQ\Transylvania\401 s\09-0714 Deemed.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Nor ti t,i CcZ,rolina
Internet:www.ncwaterquality.org Natura�lY
An Equal Opportunity 1 Affumative Action Employer `

RMESN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
ieverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 16, 2009
Mr. Jack Robertson
Henderson County Board Of Education
414 4th Avenue West
Hendersonville, North Carolina 28739
Subject: NOTICE OF VIOLATION
NOV-2009-LM-0020
Permit No. NCO066681
West Henderson High School WWTP
Dear Mr. Robertson: Henderson County
A review of West Henderson High School's WWTP monitoring report for April 2009 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day(20 Deg. C)- 04/30/09 30 mg/I 35.3 mg/I Monthly Average
Concentration Exceeded
Parameter Date Measuring Violation
Frequency
Temperature, Degrees Celcius 04/04/2009 Weekly Failure to Monitor
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 at 8281296-4500.
Sincerely,
Roger'C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James&James Environmental/ORC
G:\WPDATA\DEMWQ\Henderson\66681 West Henderson High School\66681 NOV-2009-LM-0020.doc NorthCarolina
NIMItra1111
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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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 16, 2009
Roger Toney
1202 Tiney Rd
Ellenboro,NC 28040
SUBJECT: NOTICE OF VIOLATION
NOV-2009-SS-0031
Stream Standard Violation Other Waste (In-stream sediment)
Rutherford County
Response deadline: August 4, 2009 or 15 days from receipt
Dear Mr. Toney
On July 2,2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted asite visit at 931 Waters Road in Rutherford County. Ms. Darlene
Kucken (Division of Land Resources) and Mr. Bill Beck (DLR)were present.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary of Hunting Creek(classified WS-V) were documented
VIOLATIONS
1. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—Approximately 275 feet of an unnamed tributary of Hunting Creek(classified WS-V)
was impacted by sediment deposition greater than 3 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 the attention of Chuck Cranford, Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Storrriwater
Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC
27699-1617. Your response should address the following items:
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE brie L,
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOIt11CaxOI111a
Phone::[phone]Mwww.ncwaterquality.org
FAX; 99-70431 Customer Service:1-877 623-6748 ��'/�����
Internet: www.ncwaterquality.org `t
An Equal Opportunity',Affirmative Action Employer

Roger Toney
July 16,2009 �\
Page 2 of 2
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please submit a Sediment Removal Plan(Plan)to this office for review and
approval. The Restoration Plan must address removal of the accumulated sediment
from the unnamed tributary of Hunting Creek. The Plan must be submitted to the
Division of Water Quality for review and approval prior to implementation. You are
encouraged to secure an environmental consultant experienced in stream restoration
to assist you with development of your Plan and authorization necessary to achieve
compliance. It is recommended that your consultant contact Chuck Cranford of the
Asheville Regional Office for additional guidance during restoration plan
development. The Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above,be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters,please contact Chuck Cranford at(828) 296-4664.
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
G:\WPDATA\DEMWQ\NonPoint Source Team\Stormwater\Construction\Compliance\NOV_NCGO1 Template_Inclusive_5-6-09.doc /

E,i;YA'F
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Wrly Eaves Perdue Coleen H. Sullins
governor Director Dee Freeman
Secretary
.July 16, 2009
Avery County Humane Society
Alisa Lucas
1824 Stamey Branch Road
Newland, NC 28657
Subject: 401 Water Quality Certification - Approval
Avery County Humane Society
DWQ Project # 09-0673
Avery County
FrB / White Oak Crk / WS-IV;Tr
Dear Ms. Lucas:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
,pproval has been granted to place fill within or otherwise impact 240 feet of streams for the purpose of stream
relocation at the subject property. This approval requires you to follow the conditions listed in the attached
Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. "Phis Certification allows
you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to)Erosion and Sediment Control and Stormwater
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 240 (feet) S 1 P
Location 2090 U.S Highway 7u.Swannanoa,North Carolina 28778
?h ne 823-296 1510'.FAX [phone] t Customer Service:1-877-623-6748 Oiie
nr r,tt wwwn,v<I rqua rvorg NortllCarolina
rfir~r»f e A.ciio❑Ewployer
Nahirally

Alisa Lucas-Avery Co.Humane Society
July 16,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may resulf�.,
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream \
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. -If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
��� Coleen H. Sullins, Director
G>� �L
CHS/Isw
Eric: GC 3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
Central Files
ENV-ECS,Inc-John Vilas
3764 Rominger Rd.
Banner Elk,NC 28604
G:\W PDATA\DEM WQ\Avery\401 s\09-0673 Approval.doc

i �•
i!C&DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 16, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9258
Belvin Hall
Buncombe County Board of Education
175 Bingham Rd
Asheville, NC 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO061182
Buncombe County Board of Education
North Buncombe High School
Case No. LV-2009-0225
Buncombe County
Dear Mr. Hall
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$870.00 ($800.00 civil penalty + $70.00 enforcement costs) against Buncombe County Board of
Education.
This assessment is based upon the following facts: a review has been conducted of the
discharge monitoring report (DMR) submitted by Buncombe County Board of Education for the
month of February 2009. This review has shown the subject facility to be in violation of the
discharge limitations and/or monitoring requirements found in NPDES Permit NC0061182. The
violations which occurred in February 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO061182 and
G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the
maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-
215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Board of Education:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCar011na
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 �rul'a i/lb�/
Internet:www.ncwatergualitv.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit�"
100.00 NC0061182, by discharging waste water into the waters of the State-.
violation of the Permit Daily Maximum limit for Fecal Coliform.
2 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
200.00 NC0061182, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for Total Suspended Solids.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
500.00 NC0061182, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for Total Suspended Solids.
800.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$870.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the
violation(s) occurred or the accuracy of any of the factual statements contained in the civil

sment document. Because a remission request forecloses the option of an
wive hearing, such a request must be accompanied by a waiver of your right to an
."Itrative hearing and a stipulation and agreement that no factual or legal issues are in
,jute. 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 Admh�
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 maybe 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 Asheville Regional Office
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
.Q Case Number: LV-2009-0225 County: Buncombe
Assessed Party: Buncombe County Board of Education
Permit No.: NCO061182 Amount Assessed: $870.00
Please use this form when requesting remission of this civil penalty. You must also complete
the ``Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts"form to request remission of this civil penalty. You should attach any documents that you
believe support your request and are necessary for the Director to consider in evaluating your
request for remission. Please be aware that a request for remission is limited to consideration
of the five factors listed below as they may relate to the reasonableness of the amount of the
civil penalty assessed. Requesting remission is not the proper procedure for contesting whether
the violation(s) occurred or the accuracy of any of the factual statements contained in the civil
penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors applies. Please
check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages
as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors
are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:

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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 16, 2009
Mr. Belvin Hall
Buncombe County Board of Education
175 Bingham Rd
Asheville NC 28806
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0113
Permit No. NCO073814
North Buncombe Elementary School
Buncombe County
Dear Mr. Hall:
A review of North Buncombe Elementary School's monitoring report for April 2009
showed the following violations:
Parameter Date Measuring Violation
Frequency
Biochemical Oxygen Demand March 29-April 4 Weekly Failure to monitor weekly
Total Suspended Solids March 29-April 4 Weekly Failure to monitor weekly
Ammonia March 29-April 4 Weekly Failure to monitor weekly
Remedial actions, if not already implemented, should betaken 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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then yeu may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
o thCarolina
�aturall�
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

If you should have any questions, please do not hesitate to contact Wanda
Frazier or me at 828-296-4500.
Sincerely,
o
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO Files
J,

NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves-Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 16, 2009
Mr. Belvin Hall
Buncombe County Board of Education
175 Bingham Rd
Asheville NC 28806
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0114
Permit No. NCO066788
Fairview Elementary School
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's monitoring report for April 2009 showed the
following violations:
Parameter Date Measuring Violation
Frequency
Biochemical Oxygen Demand March 29-April 4 Weekly Failure to monitor weekly
Total Suspended Solids March 29-April 4 Weekly Failure to monitor weekly
Flow April 7 Weekly Decimal error
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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
NortKarolina
Natirrallif
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

If you should have any questions, please do not hesitate to contact Wanda
Frazier or me at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO Files
l

li •s'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
Mr. David Hanks July 16, 2009
City of Asheville
PO Box 7148
Asheville, NC 28802 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0111
Permit No. NCO056961
DeBruhl WTP
Dear Mr. Hanks: Buncombe County
A review of DeBr!hl WTP's monitoring report for May 2009 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Flow Week of May 24-30, 2009 Weekly Failure to monitor weekly
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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying fora Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda
Frazier or me at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
cc: WQ Central Files Surface Water Protection Section
ARO Files NoAhCarolina
�1lattrrall�
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

A 4
-4.- A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
Mr. Belvin Hall July 16, 2009
Buncombe County Board of Education
175 Bingham Rd
Asheville NC 28806 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0112
Permit No. NCO086436
Cane Creek Elementary School
Dear Mr. Hall: Buncombe County
A review of Cane Creek Elementary School's monitoring report for April 2009 showed the
following violations:
Parameter Date Measuring Frequency Violation
BOD March 29 - April 4, 2009 Weekly Failure to monitor weekly
TSS March 29 -April 4, 2009 Weekly Failure to monitor weekly
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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda
Frazier or me at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
cc: WQ Central Files Surface Water Protection Section No Carolina
ARO Files 11vattrrallil
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 16, 2009
Mr. Belvin Hall
Buncombe County Board of Education
175 Bingham Rd
Asheville NC 28806
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0311
Permit No. NCO066796
Leicester Elementary School
Dear Mr. Hall: Buncombe County
A review of Leicester Elementary School's monitoring report for March 2009 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Total Suspended Solids 03/05/09 45 mg/I 125 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 Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
Office for additional information.
If you should have any questions, please do not hesitate to contact Wanda
Frazier or me at 828-296-4500.
Sincerely, _�,_�
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO Files N°orthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.verly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
July 16, 2009
Mr. Wiley Harris, Director of Facilities Planning Design and Construction
Western Carolina University
3476 Old Cullowhee Road
Cullowhee,NC 28723
Subject: 401 Water Quality Certification—Approval
Stormwater Management Plan-Approval
Millennial Initiative Project
DWQ Project# 09-0204
Jackson County
LTN02/Long Branch Creek/2-79-31-6-(1)/C-HQW
Dear Mr. Harris:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
Approval has been granted to place fill within or otherwise impact 55 feet of stream for the purpose of roadway
widening and lane improvements at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3704. This Certification allows
you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition,you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Erosion and Sediment Control.
This approval also includes approval of the Stormwater Management Plan (as submitted March 13, 2009,
with revisions received May 5, 2009 and June 18,2009).
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify the Division and you may be required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 1 one
Internet:www.nowaterquality.org 1v orthCarolina
An Equal Opportunity 1 Affirmative Action Employer

Mr.Harris
July 16,2009
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general condition,
this.Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 55 (feet) Junction Box and Pipe
C-2.10
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
Stormwater Management Plan Conditions:
1. The stormwater management system(consisting of six sand filters and a bioretention basin, and all
associated appurtenances),all stormwater conveyances, and the grading and drainage patterns depicted
on the plans, as approved by this office must be maintained in perpetuity.No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water Quality.
The stormwater management structures shall have maintenance access and at least a 10-foot drainage
easement on each side to allow for the ability to maintain the structures, and to perform corrective
actions. The stormwater easements shall be recorded to provide protection of the structures from
potential alterations by future property owners.
2. All operation and maintenance activities shall be followed as stipulated in the Operation and
Maintenance Agreements signed and notarized on April 28, 2009, and received in our office on May 6,
2009. `
If you do not accept any of the conditions of this Certification(associated with the approved stream impacts and
stormwater management plan), you may ask for an adjudicatory hearing. You must act within 60 days of the
date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at(828) 296-4665.
Si cerely,
C lee H. Sullins,Director
CHS/saw
Enc: GC 3704,Certificate of Completion,Plans/Specifications
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit-Central Office
Mulkey Inc.,Warren Sugg,P.O.Box 33127,Raleigh,NC 27636-3127
r
Jackson County Planning
Central Files
ARO File Copy
G:\WPDATA\DEMWQ\Jackson\401s\WCU Millenial project\WCU Approval 7 2009.doc

Permit Number: Dry _ 02a+
(to be provided by DWQ)
Drainage Area Number:
Bioretention Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures,safety of the public, and the removal efficiency of the BMP.
Important operation and maintenance procedures:
Immediately after the bioretention cell is established,the plants will be watered
twice weekly if needed until the plants become established(commonly six
weeks).
— Snow,mulch or any other material will NEVER be piled on the surface of the
bioretention cell.
Heavy equipment will NEVER be driven over the bioretention cell.
Special care will be taken to prevent sediment from entering the bioretention cell.
Once a year, a soil test of the soil media will be conducted.
After the bioretention cell is established,I will inspect it once a month and within 24
hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potentialproblems: How I will remediate the problem-
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to
bioretention cell erosive gullies have formed. remove the gully,and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
The inlet device: pipe, The pipe is clogged(if Unclog the pipe. Dispose of the
stone verge or swale applicable). sediment off-site.
The pipe is cracked or Replace the pipe,
otherwise damaged (if
applicable).
Erosion is occurring in the Regrade the swale if necessary to
swale (if applicable). smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
Stone verge is clogged or Remove sediment and clogged
covered in sediment(if stone and replace with clean stone.
applicable).
Form SW401-Bioretention O&M-Rev.3 Page 1 of 4

BMP element: Potentialproblems: How I will remediate theproblem:
The pretreatment area Flow is bypassing Regrade if necessary to route all
pretreatment area and/or flow to the pretreatment area.
gullies have formed. Restabilize the area after grading.
Sediment has accumulated to Search for the source of the
a depth greater than three sediment and remedy the problem if
inches. possible. Remove the sediment and
restabilize the pretreatment area.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds,preferably by
hand.
The bioretention cell: Best professional practices Prune according to best professional
vegetation show that pruning is needed practices.
to maintain optimal plant
health.
Plants are dead,diseased or Determine the source of the
dying. problem: soils,hydrology,disease,
etc. Remedy the problem and
replace plants. Provide a one-tune
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary,
Tree stakes/wires are present Remove tree stake/wires(which
six months after planting. can kill the tree if not removed).
The bioretention cell: Mulch is breaking down or Spot mulch if there are only random
soils and mulch has floated away. void areas. Replace whole mulch
layer if necessary. Remove the
remaining much and replace with
triple shredded hard wood mulch at
a maximum depth of three inches.
Soils and/or mulch are Determine the extent of the clogging
clogged with sediment. -remove and replace either,just the
top layers or the entire media as
needed.Dispose of the spoil in an
appropriate off-site location. Use
triple shredded hard wood mulch at
a maximum depth of three inches.
Search for the source of the
sediment and remedy the problem if
possible.
An annual soil test shows that Dolomitic lime shall be applied as
pH has dropped or heavy recommended per the soil test and
metals have accumulated in toxic soils shall be removed,
the soil media. disposed of properly and replaced
with new planting media.
Form SW401-Bioretention O&M-Rev.3 Page 2 of 4
.. -..-....-..._.-.. ...

BMP element: Potentialproblems: How I will remediate theproblem:
The underdrain system Clogging has occurred Wash out the underdrain system.
(if applicable)
The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of
the sediment off-site.
The dropinlet is damaged Repair or replace the dropinlet.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality 401 Oversight Unit at 919-
outlet. 733-1786.
Form SW401-Bioretention O&M-Rev.3 Page 3 of 4

Permit Number:
(to be provided by Ape._
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:Western Carolina University-School of Health and Gerontology
BMP drainage area number:Drainagee Area#7
Print name: Joe Walker P.E.
Title: Associate Vice Chancellor for Facilities Management
Address: Western Carolina University Facilities Management, 3476 Old Cullowhee Rd.,
Cullowhee NC 28723
Phone: [phone]
Signature:
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50%of
the lots have been sold and a resident of the subdivision has been named the president.
r—
I, ea&f GL e G,C c , a Notary Public for the State of
a , County of `%4 ',So7J , do hereby certify that
personally appeared before me this aVV4)
day o and acknowledge the due execution of the
If
forgoing bioretention maintenance requirements. Witness my hand and official seal,
KAY AR gpgEc KI
NOT
Jackson County, North Carolina
My Commission Expires Nov®mber 8, 2012
SEAL
My commission expires_
i
Form SW401-Bioretention I&M-Rev.2 Page 4 of 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 16, 2009
Moose Haven Subdivision
Mark Ambrose
PO Box 119
Penrose, NC 28766
SUBJECT: Loss of Best Use-NC DWQ Stream Standard
Moose Haven Subdivision
Transylvania County
Dear Mr. Ambrose:
The Division of Water Quality received a complaint of a dry stream channel. A site visit was
conducted on April 14, 2009. The stream channel is dry due to a clogged/damaged culvert under
the road, which serves as access for Moose Haven Subdivision. This culvert is in place to carry
the streamflow from one side of the road to the other so the streamflow remains in its natural
channel. Because the culvert is clogged/damaged the streamflow has left its natural channel and is
now flowing in a roadside ditch along the subdivision access road. The removal of flow to the
natural channel is a violation of 15A NCAC 02B .0211 (2), Removal of Best Use; The waters shall
be suitable.for aquatic life propagation and maintenance of biological integrity, wildlife,
secondary recreation, and agriculture; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water quality
standard. It is required that the residents (or responsible parties) of Moose Haven Subdivision put
the flow back into its natural stream channel.
Please respond to me within thirty (30) days of this letter confirming what actions have been taken
to put the stream flow back into it natural channel.
Sincerely,
f.
Linda Wiggs
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NO CarOhria
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquai Action
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An Equal Opportunity Affirmativeve Arlion Employer

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 17, 2009
Mr. Mansukh Patel
Days Inn-Marion
4248 South Highway 221
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
- NOV-2009-LV-0312
Permit No. NCO040291
Days Inn — Marion WWTP
Dear Mr. Patel McDowell County
A review of Days Inn - Marion's monitoring report for April 2009 showed the following violation:
Parameter Date Limit Reported Limit Type
Value Value
Nitrogen, Ammonia Total (as 04/30/09 6 mg/I 7.16 mg/I Monthly Average
N) - Concentration 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 at 828/296-
4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
G:\WPDATA\DE1M,�WQ\Mcdowell\40291 Days Inn\40291 NOV-2009-LV-0312.doc NorthCarolina
Natima!!If
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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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 17, 2009
Ms. Vickie Turbyfill
Avery Development Corporation
P.O. Box 326
Newland, North Carolina 28657
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0119
Permit No. NCO033685
Mountain Glen Golf Club WWTP
Dear Ms. Turbyfill Avery County
A review of Mountain Glen Golf Club's WWTP monitoring report for May 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
pH Week of 05/02/2009 Weekly Failure to Monitor
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 at 828/296-4500.
Sincerely,
Roger. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab&Operations/ORC
G:IWPDATA\DEMWQ\Avery\33685 Mountain Glen Golf Club\33685 NOV-2009-MV-0119.doc NorthCarolina
Natttra!!ll
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
�_r Internet: www.ncwatergualitvorg FAX [phone] 1-877-623-6748

N ®EN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
July17, 2009
Mr. Dennis J. Whitson, Owner
Harmony Estates
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0315
Permit No. NCO079481
Harmony Estates WWTP
Dear Mr. Whitson: McDowell County
A review of Harmony Estates WWTP's monitoring report for April 2009 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 04/07/09 45 mg/I 60 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: 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 at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs & Operations/ORC
G:IWPDATA\DEMWQ\Mcdowell\79481 Harmony Estates\79481 NOV-2009-LV-0315.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

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 17, 2009
Mr. Marion Oliver, POA Treasurer
The Brow Association Inc.
P.O. Box 21127
Columbia, South Carolina 29221
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0117
Permit No. NCO058581
White Oak Mountain Condominiums WWTP
Dear Mr. Oliver: Polk County
A review of White Oak Mountain Condominiums's WWTP monitoring report for April 2009 showed
the following violation:
Parameter Date Measuring Violation
Frequency
NH3 as N Week of 4/04/09 Weekly Failure to Monitor 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 workina 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 at 828/296-
4500.
Sincerely,
Y
Roger C. Edwards, Regional Supervisor
cc: DWQ Asheville Files Surface Water Protection Section
DWQ Central Files
Kevin White/ORC
GA1/VPDATA%DEMWQ\Polk\58581 Brow(White Oak Mtn)\58581 NOV-2009-MV-0117.doc NOne
orthCarolina
Natiara1111
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
r' Internet: www.ncvviaterguality.org FAX [phone] 1-877-623-6748

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 17, 2009
Mr. Donald R. Cooper
Cooper Riis Inc.
P.O. Box 416
Mill Spring, North Carolina 28756
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0116
Permit No. NCO087122
Cooper Riis Healing Farm WWTP
Dear Mr. Cooper: Polk County
A review of Cooper Riis Healing Farm's WWTP monitoring report for April 2009 showed the
following violation:
Parameter Date Measuring Violation
Frequency
NH3 as N Week ending 4/04/09 Weekly Failure to Monitor 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.
4500.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
ti';WPI)1'1:A',DEti].WQ",Polk,8712''C ooperriis flealin Fann;87122 NOV-2009-NIV-0116.doe one
NorthCarohna
NatrmrallY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.org FAX [phone] 1-877-623-6748

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor
Secretary
July 17, 2009
Nancy Cline
265 Howard Branch Road
Otto,NC 28763
SUBJECT: NOTICE OF VIOLATION
NOV-2009-SS-0032
Removal of Best Usage of Waters
Macon County
Response deadline: August 5, 2009 or 15 days from receipt
Dear Ms. Cline:
On June 29, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection along Drymans Fork Woods Road in Macon County.
Matt Mason of the Macon County Erosion control Program was present.
Stream standard violations were noted during the inspection due to construction of an in-line pond.
Approximately 120 feet of sediment and fill impacts to Howard Branch(class C waters)were
documented.
VIOLATIONS
I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 120 feet of Howard
Branch(class C waters) was impacted by fill, representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater
Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC
27699-1617. Your response should address the following items:
I. Removal of Best Usage—15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without proper authorization.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 NOrthCarollna
Internet: www.ncwaterquality.org �atura l/
An Equal Opportunity\Affirmative Action Employer �/ y Kb[t"

Nancy Cline
July 17,2009
Page 2 of 2
b. Please provide documentation(including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams,wetlands,buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
c. Please submit the following documents for review and approval:
• Stream Restoration Plan(fill impacts)—Please explain how you plan to restore
the pattern,profile and dimension of the impacted stream channels to include
the removal of pipes, fill and riprap. The streambed must be restored to the
original profile,the stream banks must be stabilized, and any fill material must
be removed from the riparian zone. Replanting of the riparian zone will be
required.
• Permit Application—If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. Their phone number is 828-271-7980. Depending
on the type of permits USACOE requires, application for a 401 Water Quality
Certification to DWQ may also be required. Please note that sediment impacts
to streams are not permittable.
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished or if you plan to seek a permit for the
permittable impacts,when an application will be submitted.
• It is required that you contact the Macon County Erosion Control Program and
the USACOE. These contacts are necessary to ensure that your restoration
efforts are in compliance with the Sedimentation Pollution Control Act and
Section 404 of the Clean Water Act.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above,be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters,please contact Chuck Cranford at(828) 296-4664.
Sincerely,
iA
d
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit(e-copy)
Matt Mason—Macon County(e-copy)
Lori Beckwith—USACOE(e-copy)
ARO and DWQ Central File Copy
G:\WPDATA\DEMWQ\Macon\Complaints\C1inePond\NOV-2009-SS-0032_07-16-09.doc

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CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 17, 2009
Mr. Thomas Marsalona
Toxaway Falls Inc.
115 U S Highway 64 West
Toxaway, North Carolina 28748
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0118
Permit No. NCO052043
Toxaway Falls WWTP
Dear Mr. Marsalona: Transylvania County
A review of Toxaway Falls WWTP's monitoring report for April 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
NH3 as N 04/30/2009 2 X/Month Failure to Monitor
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 workinq 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 at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Royal Water Works/ORC
G:IWPDATAIDEMINQNTransylvania152043 Toxaway Falls152043 NOV-2009-MV-0118.doc NorthCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
i Internet: www.ncwateroualitvorg FAX [phone] 1-877-623-6748

NCbENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 17, 2009
Mr. Donnie Bassinger
Caldwell County Schools
1914 Hickory Boulevard SW
Lenoir, North Carolina 28645
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0320
Permit No. NCO030783
Baton Elementary School WWTP
Dear Mr. Bassinger: Caldwell County
A review of Baton Elementary School's WWTP monitoring report for May 2009 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 05/06/09 15 mg/I 19.8 mg/I Daily Maximum
(as N) - Concentration 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 workinq 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.
4500.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-
Sincerely,
Roger C. Edwards, Regional Supervisor
cc: DWQ Asheville Files Surface Water Protection Section
DWQ Central Files
Water Tech Labs/ORC
(i:tWPl"11 V..I)I.MWQ";Calclikell`.30783 Baion Elementarp.30783 NOV-20094X-0+20,cioc North Carolina
,YatcrrallJ
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateroualityorg FAX [phone] 1-877-623-6748

i!C&DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 17, 2009
Mr. Tony Konsul,. Regional Manager
Utilities Inc.
PO Box 240908
Charlotte, NC 28224-0908 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0313
Permit No. NCO036684
Dear Mr. Konsul: Bent Creek WWTPBuncombe County
A review of Bent Creek WWTP's monitoring report for April 2009 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Total Ammonia Nitrogen 04/30/09 3 mg/I 3.5 mg/I Monthly Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO Files NorthCarolina
Natura4
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality orn FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 17, 2009
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0314
Permit No. NCO075388
Pleasant Cove Home WWTP
Dear Mr. Wright: Buncombe County
A review of Pleasant Cove Home WWTP's monitoring report for April 2009 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20' C) 04/02/09 45 mg/I 46.6 mg/I Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information..
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
cc: WQ Central Files Surface Water Protection Section
ARO Files North Carolina
Natll'rall-ff
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwateraualitV.org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 17, 2009
Mr. Rodney Shotwell
Macon County Schools
PO Box 1029
Franklin, NC 28734 - Subject: NOTICE OF VIOLATION
NOV-2009-MV-0115
Permit No. NCO067326
Cullasaja School
Dear ShotwelL Macon County
A review of Cullasaja School's monitoring report for April 2009 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine March 30-April 4 Twice weekly Failure to monitor twice weekly
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
cc: WQ Central Files Surface Water Protection Section
ARO Files NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 17, 2009
Mr. Bud Smith
Wade Hampton Property Owners Association
NC Hwy 107 S
Cashiers, NC 28717 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0318
Permit No. NCO062553
Wade Hampton Golf Club WWTP
Dear Mr. Smith: Jackson County
A review of Wade Hampton Golf Club WWTP's monitoring report for April 2009 showed
the following violation:
Parameter Date Limit Value Reported Value Limit Type
Total Suspended Solids 04/01/09 45 mg/I 64 mg/I Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO Files NorthCarolina
NatUM4
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwatergualitv.orq FAX [phone]

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NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 17, 2009
Mr. Michael Moiling
USDI National Park Service
199 Hemphill Knob Rd
Asheville NC 28803 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0317
Permit No. NCO072729
Mount Pisgah WWTP
Dear Mr. Mulling: Haywood County
A review of Mount Pisgah WWTP's monitoring report for April 2009 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
FecaColiform 04/13/09 400 #/100ml 540 #/100ml Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith-Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
D ,r' ---
E" �l
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO Files NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterauality.org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
Mr. Don Smith July 17, 2009
Evergreen Foundation
PO Box 127
Sylva, NC 2.8779 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0316
Permit No. NCO032361
The Balsam Center for Hope & Recovery
Dear Mr. Smith: Haywood County
A review of The Balsam Center for Hope & Recovery's monitoring report for April 2009
showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Total Ammonia 04/30/09 6 mg/I 6.58 mg/I Monthly Average
Nitrogen Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
ARO Files NorthCarolina
�aturallr�
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterauality.org FAX [phone]

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
.-verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 20, 2009
Buncombe County
DWQ Project No. 090781
NCSR 2119 (Phoenix Cove Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain,Jr., P.E.
Division 13 Engineer
N C Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Dear Mr. Swain:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in an
unnamed tributary to Reems Creek, for the purpose of widening NCSR 2119(Phoenix Cove Road) in Buncombe County:
Stream Im acts in the French Broad River Basin
Site Permanent Stream Permanent Fill in Temporary Total Stream Stream
Fill in Relocation in Perennial Stream Dewatering in Impact Impacts
Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear ft) (linear ft) Mitigation
(linear ft) (linear ft)
Site 1 0 0 10 50 60 0
Site 2 0 0 10 50 60 p
Site 3 0 140 0 0 140 0
Total 0 140 20 100 260 0
Total Stream Permanent Impact for Project: 20 linear feet. Temporary Impacts for Project: 120 linear feet.
Total Stream Relocation Impact for Project: 140 linear feet.
The project should be constructed in accordance with your application dated July 10, 2009 (received July 15, 2009),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification 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 NCDWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] I FAX:[phone]
Customer Service:1-877-623-6748 1�TOne L,
Internet:www.ncwaterguality mg i V nr/t}l�lC/ya+rol ii na
An Equal Opportunity 1 Affirmative Action Employer ;VaA 1"all f

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Mr. J. J. Swain,Jr., PE
July 20,2009
Page Two
total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and
(7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s) of Certification:
1. An existing 20 linear feet of pipe will be removed from the stream at Station 23+25. Restoration will be performed on
this section.
2. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations shall be completed and stabilized, and approved on site by DWQ staff. Prior to diverting water
into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization
shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of
the relocated channel to the maximum extent practical. Also, rip-rap may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be
necessary to relocate stranded fish to the new channel to prevent fish kills.
3. 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.
4. 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.
5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources.
6. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and
wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
7. 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-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.
8. 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.
9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills. During the construction of the
project,no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers.
10. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.

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11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
12. 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.
13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contaminations of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
20. 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.
21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the NCDOT Division
Engineer and the on-site project manager.
22. 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.
23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State or Federal law. If NCDWQ 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, NCDWQ may reevaluate and modify this certification
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
25. Upon completion of the project, 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,

Mr. J. J. Swain,Jr.,PE
July 20,2009
Page Four
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,
�°.
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n Coleen H. Sullins, Director
Division of Water Quality
cc: Roger Bryan, Division 13, DEO
Ed Ingle,Roadside Environmental
David Baker, USACE,Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
090781 (Swain)NCSR 2119(Phoenix Cove Road)

WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 20, 2009
Mr. Gary D. Davis
Davis Civil Solutions, P.A
134-A Charlotte Highway
Asheville, North Carolina 28803
Subject: fast-Track Application Return
Weirbridge Village Phase II
Wastewater Collection System
Buncombe County
Dear Mr. Davis:
We are returning herewith the Fast-Track Application, submitted on behalf of
Weirbridge Village Apartments, LLC, seeking permission to construct and operate
sewers to serve Weirbridge Apartments for the following reasons:
(1) The North Carolina Secretary of State's web site does not recognize Weirbridge
Village Apartments, LLC as being authorized to conduct business in the State of
North Carolina.
(2) The Flow Tracking/Acceptance Form attached is not for the same volume of
wastewater as presented in the Application.
(3) Residential projects within the Metropolitan Sewerage District of Buncombe
County are allowed to use,a flow rate of 100 gpd per bedroom.
look forward to receiving a completed Application. Please do not hesitate to
call me at [phone] should you need to discuss this matter.
Sincerely;
Ro�M7
Environmental Engineer
Xc: Chip Kassinger
G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Application Return-Weirbridge.09.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 J �� y��//�
Internet: www,ncwaterqu �/ality.org V K` "
An Equal Opportunity t Affirmative Action Employer

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 20, 2009
Mr. Lee Smith, Utilities Director
City of Hendersonville
305 Williams Street, Suite 119
Hendersonville, North Carolina 28792
Subject: Permit No. WQ0034213
City of Hendersonville
Crest Road
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received on July 10, 2009 we are forwarding herewith
Permit No. WQ0034213, dated July 20, 2009, to the City of Hendersonville for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Hendersonville July 20, 2009
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of approximately 2,485 linear
feet of 8-inch diameter gravity sewer and the discharge of the collected wastewater into the City of
Hendersonville's existing sewerage system, pursuant to the application received on July 10, 2009 and
in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting
of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the City of
Hendersonville Wastewater Treatment Facility (Permit No. NC0025534) 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 require additional information regarding this matter, please contact Roy Davis at
[phone].
Sincerely,
TNI
for Coleen H. Sullins, Director
Division of Water Quality
cc: Asheville Regional Office, Surface Water Protection (WWTF Permit No. 0025534)
Thomas R. Wilson, PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF HENDERSONVILLE
CREST ROAD
HENDERSON COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034213
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute§143-215.1C.
i

Permit No. W00034213 City of Hendersonville Crest Road Henderson County, July 20. 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collectiol..
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

0034213 City of Hendersonville Crest Road Henderson County, Jul 20 2009
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 20th day of July, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Co' en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034213
3

A
Permit No W00034213 amity of Hendersonville rest Road Henderson County, July 20, 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
2,485 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
1, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
..................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 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.

Ai
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 20, 2009
Mr. Gary A. Williams
The Wilds Christian Association Inc.
1000 Wild's Ridge Road
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0121
Permit No. NCO024376
The Wilds Christian Camp WWTP
Transylvania County
Dear Mr. Williams:
A review of The Wilds Christian Camp's WWTP monitoring report for April 2009 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine(TRC) Week of 04/04/2009 Twice Weekly Failure to Monitor
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 at 828/296-4500.
Sincerely,
.7
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
G:lai l'1)ATA\.l}E 1�ti�QV'.i-ransylvani.�?4376'1lie Wilds Chni tim C:arnp2433 76'�OV-200�9- IV-2009 NorthCarolina
Naturall!f
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

A" J;'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 20,2009
Ms. Joan Beck
Lynnbrook Estates Homeowners Association
43 Lynnbrook Way
Columbus, North Carolina 28722
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0120
Permit No. NCO071005
Lynnbrook Estates WWTP
Polk County
Dear Ms. Beck:
A review of Lynnbrook Estates WWTP's monitoring report for April 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine (TRC) Week of 04/04/2009 Twice Weekly Failure to Monitor
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 at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
G:\WPDATA\DENlWQ\Polk171005 Lynnbrook Estates\71005 NOV-2009-MV-0120.doc NorthCarohna
,Xa&ralfJ
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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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,aerly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 20, 2009
Bill Holt
3412 Meadow Bluff Drive
Charlotte, North Carolina 28226
Subject: 401 Water Quality Certification - Approval
Holt Shoreline Stabilization
DWQ Project 4 20090669
Burke County
CTB30 /Lake James/ l l-(8)/ Class C
Dear Mr. Holt:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
"pproval has been granted to place fill within or otherwise impact 110 linear feet of shoreline for the purpose of
shoreline stabilization and water access at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed:below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 110 (linear feet) Stabilization
Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrthCaPOlina
Internet:www.ncwaterquality.org
vVaturally
An Equal Opportunity Affirmative Action Employer

Holt Shoreline Stabilization
July 20,2009
Page 2 of 3
Additional Conditions
1. Diffuse Flow(No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a waters.
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by
the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 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.
4. No Sediment and Erosion Control Measures in Wetlands and 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 or locally delegated program has released the project.
5. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.

.ter completes the review of your application by the Division of Water Quality under Section 401 of the
,an Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
s28-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Enc: GC3693
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Burke\401 s\09-0669.Holt.Shorel ineStabi1.approval.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.ry Eaves Perdue Coleen H. Sullins Dee Freeman
,overnor Director Secretary
July 20, 2009
Chad and Katie Tracy
5031 West Electra Lane
Glendale, Arizona 85310
Subject: 401 Water Quality Certification - Approval
Tracey Shoreline Stabilization
DWQ Project# 20090669
McDowell County
CTB30 /Lake James/ 11-(8)/ Class C
Dear Mr. And Mrs. Tracy:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
Approval has been granted to place fill within or otherwise impact 611 linear feet of shoreline for the purpose of
oreline stabilization and water access at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit anew application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 611 (linear feet) Stabilization
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 O11e
Phone:[phone] FAX.[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity',Affirmative Action Employer

Tracy Shoreline Stabilization
July 20,2009
Page 2 of 3
Additional Conditions
1. Diffuse Flow(No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a waters.
2. McDowell County Catawba Buffer Ordinance
The proposed project must comply with the McDowell County local riparian buffer ordinance approved
by the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of
Existing Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 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.
4. No Sediment and Erosion Control Measures in Wetlands and 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 or locally delegated program has released the project.
5. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.

.cr completes the review of your application by the Division of Water Quality under Section 401 of the
A Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
,z8-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHSlkhb
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
GAWPDATA\DEMWQ\1Mcdowell\401 s\09-0727.Tracy.Shore]ineStabi1.approval.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 20, 2009
Mr. John E. Daly, Managing Member
Clyde Mountain Properties, LLC
87 Mimi Loop
Clyde, North Carolina 28721
Subject: Permit No. WQ0034212
Clyde Mountain Properties, LLC
Mountain Trace, Phase II
Wastewater Collection System Extension
Haywood County
Dear Mr. Daly:
In accordance with your application received on June 26, 2009 we are forwarding herewith
Permit No. WQ0034212, dated July 20, 2009, to Clyde Mountain Properties, LLC for the construction
and operation of the subject wastewater collection system extension. This permit shall be effective
from the date of issuance until rescinded and shall be subject to the conditions and limitations as
specified therein. This cover letter shall be considered a part of this permit and is incorporated therein
by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0400 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000-as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute
§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection
facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet http://h2o.enr.state.ne.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Clyde Mountain Properties, LLC July 20, 2009
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 Clyde Mountain Properties, LLC for the construction and operation of approximately 725
linear feet of 6-inch diameter gravity sewer to serve Mountain Trace, Phase II and the discharge of
2,400 gallons per day of wastewater into the Town of Waynesville's existing sewerage system,
pursuant to the application received on June 26, 2009 and in conformity with 15A NCAC 2T; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the 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 require additional information regarding this matter, please contact Roy Davis at
[phone].
L_
Sincerely,
for Coleen . Sullins, Director
Division of Water Quality
cc: Asheville Regional Office, Surface Water Protection (WWTF Permit No. 0025534)
Fred Baker, Town of Waynesville
Patrick C. Bradshaw, PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CLYDE MOUNTAIN PROPERTIES, LLC
MOUNTAN TRACE, PHASE If
HAYWOOD COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034212
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0400. 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 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
1

Permit No W 0034212 Clyde Mountain Properties LLC: Mountain Trace Phase II, Haywood County.
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection",
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 28 .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

400034212 Clyde Mountain Properties LLC, Mountain Trace Phase Il Haywood County July 20_2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 20th day of July, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034212
3

Permit No. W00034212.QIvde Mountain Properties LLC; Mountain Trace, Phase II; Haywood County
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
725 linear feet of 6-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
1, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's 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.

;LP"
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 20,2009
Mr. Sam Moore
Stone Mountain School
126 Camp Elliot Road
Black Mountain,NC 28711
SUBJECT: Stream Enhancement and Sediment Removal Plan Approval
Stone Mountain School [ref.NOV-2009-SS-0003]
Buncombe County
Dear Mr. Moore:
The Division of Water Quality has reviewed the proposal from McGill Associates, PA, dated May
15, 2009, in response to the on-site inspection conducted by the Division of Water Quality January
9, 2009 (and subsequent meeting February 19, 2009). The proposal includes the removal of
sediment from Noah Branch(a Class B, Trout water body) and stream enhancement.
The remedial actions presented in the response have been approved with the following conditions:
• A rock vane should be placed approximately 10 feet downstream of the concrete spillway
at the same elevation as the spillway.chute to prevent further down-cutting(as the proposed
rip rap removal and pool creation,the downstream flow will likely undercut the spillway
resulting in a downstream instability).
• Backfill should be composed of natural substrate (the Division does not approve the use of
a mined and crushed stone). If other fill material must be used,the size of the fill should be
specified based on shear stress analyses/calculations.
• To the maximum extent possible, container plantings (or transplanting of native plants on-
site) should be used so that vegetation is more rapidly established along the stream channel.
It is the Division's understanding that native on-site plants are available for use.
• As your consultant is aware, instream work cannot be conducted during the trout
moratorium months of October 15 through April 15.
• Monitoring as specified in the document must be conducted quarterly for one year and
annually for four years (for a total of 5 years of monitoring). Remedial action must be
taken should the stream enhancement not be stable.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 ��
Internet: www.ncwatergLiality.org KL `
An Equal Opportunity 1 Affirmative Action Employer '/N��`Y

Mr.Moore
July 20,2009
Page 2
Should you have further questions regarding this approval letter and the above conditions,please
contact me at [phone] or Kevin Barnett at [phone].
Sincerely,
Susan A. Wilson, Environmental Engineer
Surface Water Protection
cc: ARO File Copy
Liz Hair, USACE
McGill Associates, PA./Dale E. Pennell, P.E.
55 Broad Street, Asheville,NC 28801
G:\WPDATA\DEMWQ\Buncombe\Complaints\StoneMtnSchool\Stone mtn school Sed rem1APPROVE 7 2009.doc
j,.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.;verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 21,2009
Mr.Jerry Mears,Solid Waste Manager
Buncombe County Solid Waste Facility
85 Panther Branch Road
Alexander,NC 28701
Subject: NPDES Stormwater Permit
Permit No. NCG120058
Representative Outfall Status Request
Buncombe County Solid Waste Facility
Buncombe County
Dear Mr. Mears:
The attachment to the letter submitted to you dated July 14,2009 contained errors within Table 4.
Attached to this letter is a corrected Table 4 (Addendum and Modification). To clarify again,
stormwater discharge outfall SDP4 has been granted representative outfall status for stormwater
outfall SDP3, and stormwater discharge outfall SDP10 has been granted representative outfall status
for stormwater outfall SDP5. In accordance with 40 CFR§122.21(g)(7),Buncombe County is
authorized to sample outfall numbers SDP4 and SDP10 as representative outfalls.
Therefore,analytical monitoring for SDP3 and SDP5 is not required,as along as representative outfall
status is maintained. In addition,this approval grants the County relief from weekly qualitative
monitoring for outfalls SDP3 and SDP5. Buncombe County is required to perform qualitative
monitoring on a quarterly basis and/or after a 0.5 inch rain event[please refer to the attached table].
All other monitoring required by Permit No. NCG120058 shall remain,including the required
analytical monitoring for SDP4 and SDP10. This approval is effective with the next sampling event.
Please append this letter to your permit to document that representative outfall status has been
approved (along with the current site diagram submitted with your request). If changes in drainage
areas, structures,processes,storage practices,or other activities occur that significantly alter the basis
of this approval,representative outfall status may no longer be valid. You should either resume
sampling at all SDOs,or reapply to this office for representative outfall status based on updated
information.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1 Phone:[phone]\FAX:[phone]\Customer Service:1-877- th623-6748 No Carolina
Internet:www.ncwaterguality.org Nahtrally
An Finial nnnortunh 1 Affirmative Action Fmninver L[L

Mr.Jerry Mears
Buncombe County Solid Waste Facility
July 21,2009
Page 2
If you have any questions or comments concerning this letter,please contact Susan A. Wilson at
[phone] or at [e-mail].
Sincerely,
Roger"C. Edwards G
Regional Supervisor
Surface Water Protection Section
cc: Asheville Regional Office
Central Office/Stormwater Permitting Unit
Central Files
G:\WPDATA\DEMWQ\Buncombe\Stormwater Landfill NCG12\Buncombe County Landfill\ROS Letter NCG120058 7 2009
ver2.doc
2

y Solid Waste Facility
Buncombe County Solid Waste Facility
Permit No. NCG120058
Table 4. Qualitative Monitoring Requirements (Addendum and Modification)
Discharge Characteristics Frequency Monitoring Location
Color Once per quarter and/or after a SDP3 and SDP5
0.5 inch rain event
Odor Once per quarter and/or after a SDP3 and SDP5
0.5 inch rain event
Clarity Once per quarter and/or after a SDP3 and SDP5
0.5 inch rain event
Floating solids Once per quarter and/or after a SDP3 and SDP5
0.5 inch rain event
Suspended solids Once per quarter and/or after a SDP3 and SDP5
0.5 inch rain event
Foam Once per quarter and/or after a SDP3 and SDP5
0.5 inch rain event
Oil Sheen Once per quarter and/or after a SDP3 and SDP5
0.5 inch rain event
Erosion or deposition at the Once per quarter and/or after a SDP3 and SDP5
- outfall 0.5 inch rain event
Other obvious indicators of Once per quarter and/or after a SDP3 and SDP5
stormwater pollution 0.5 inch rain event
*Analytical Monitoring is suspended for these outfalls (SDP3 and SDP5).
Note: Buncombe County continues to be subject to all other monitoring and conditions
specified in NCG120000.
3

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
July 21, 2009
Mr. Robert Houston
Houston Transportation
93 Old Us19E
Spruce Pine, NC 28777
Subject: Illegal Discharge
Houston Transportation
Mitchell County
Dear Mr. Houston:
This Office observed wastewater running from your property into a collection pond and then into a nearby
creek. This letter is to advise you that this type of discharge is a violation of North Carolina General
Statute 143-215.1(6).
By this letter, this Office is requiring that you properly dispose of this wastewater. Future discharges of
this type without a valid permit will be considered to be a violation of the aforementioned General Statute
and could be subject to the assessment of a civil penalty.
As authorized by NCGS 143-215.6A, a civil penalty may be assessed for any failure to secure a permit
required by NCGS 143-215.1 or for violation of any classification, standard, limitation or management
practice established pursuant to NCGS 143-214.1 or 143-215. The Environmental Management
Commission is empowered to assess civil penalties of not more than ten thousand dollars ($10,000) per
day per violation for as long as the violation continues. Any future discharges observed by DWQ
personnel could result in the recommendation for an enforcement action.
If you have any questions concerning this matter, please do not hesitate to contact me at 296-4500. Your
prompt attention to this matter is greatly appreciated.
Sincerely,
Jeff Menzel
Environmental Specialist
One
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NorthCarolina
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Mitchell

/)
4..:�:/
�:i

A4
NCDENR
rm�
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 22, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9302
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO036641
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LV-2009-0231
Henderson County
Dear Mr.Nash :
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$565.00
($500.00 civil penalty+$65.00 enforcement costs) against Fletcher Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of April 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or
m.-onitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
April 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the
terms, conditions or requirements of NPDES Permit NCO036641 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Fletcher Academy Inc.:
NorthCarolina
Mundy
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
„•n ' Internet:www.ncwaterouality,org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permi�r�
$500.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Cone.
$500.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$565.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
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
G:'\WP1)A'1"A 1)1,i14WQ\f fenderson`06641 Fletcher Academyt36641 1...V-2009-0231.doc

JUSTIFICATION FOR REMISSION REQUEST
vVQ Case Number: LV-2009-0231 County: Henderson
Assessed Party: Fletcher Academy
Permit No.: NC0036641 Amount Assessed: $565.00
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:

A
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIR61
AND NATURAL RESOURC.;,
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FLETCHER ACADEMY )
PERMIT NO.NCO036641 ) FILE NO. LV-2009-0231
Having been assessed civil penalties totaling $565.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 22, 2009, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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®ENS.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
aeverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 22, 2009
John Curtis Brown
1011 Jim Berry Road
Franklin,North Carolina 28734 -
Subject: 401 Water Quality Certification —Approval
Watauga Creek Stabilization and Bridge Replacement
DWQ Project#20090505
Macon County
LTN 01 /Watauga Creek/2-24/ C; Tr
Dear Mr. Brown:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
Approval has been granted to place fill within or otherwise impact 130 feet of streams for the purpose of stream
restoration at the subject property. This approval requires you to follow the conditions listed in the attached
Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Erosion and Sediment Control and trout buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 130 (feet) Sheet 2 of 4
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarollna
Internet:www.ncwaterquality.org
iturt74
An Equal Opportunitv\Affirmative Action Emplover

John Curtis Brown
July 22,2009
Page 2 of 2
Additional Conditions
1. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 213. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
.
Coleen H. Sullins, Director
CHSIcbc
Eric: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office (e-copy)
401 Permitting Unit—Central Office (e-copy)
Andrew Bick—Confluence Engineering
File Copy
G:\WPDATA\DEM WQ\Macon\401 s\WataugaCreek\09-0505_WataugaStabil izationandBridgeReplacement_Approval_7-21-09.doc

a
NCEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9289
Mr. Joey Cupp
Dynamis Inc.
Pilot Travel Centers LLC
5508 Lonas Road
Knoxville, TN 37909
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 NCO086053
Pilot Travel Centers LLC
Pilot Travel Center#393
Case No. LV-2009-0239
Haywood County
Dear Mr. Cupp:
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 Pilot Travel Centers LLC.
This assessment is based upon the following facts: a review has been conducted of the
discharge monitoring report (DMR) submitted by Pilot Travel Centers LLC for the month of April
2009. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0086053. The violations which
occurred in April 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Pilot Travel Centers LLC violated
the terms, conditions or requirements of NPDES Permit NCO086053 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, 1, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty
assessment against Pilot Travel Centers LLC:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28178 NorthCarolina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.org

1 of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NG.
250.00 by discharging waste water into the waters of the State in violation of the K
Monthly Average limit for Ammonia Nitrogen concentration.
0 of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086053,
0 by discharging waste water into the waters of the State in violation of the Permit
Daily Maximum limit for Biochemical Oxygen Demand concentration.
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. 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

.ave hearing and a stipulation and agreement that no factual or legal issues are in
Please prepare a detailed statement that establishes why you believe the civil
.a(ty should be remitted, and submit it to the Division of Water Quality at the address listed
,elow. 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 me or Wanda Frazier of the Asheville Regional Office
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
xc: Bob Guerra— Compliance Enforcement- w/ attachments
ARO Enforcement File - w/ attachments
Central Files - w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
JWQ Case Number: LV-2009-0239 County: Haywood
Assessed Party: Pilot Travel Centers LLC
Permit number: NCO086053 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 ENVIRU�
AND NATURAL RESOURCE.
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
PILOT TRAVEL CENTERS LLC )
PERMIT NUMBER NCO086053 ) FILE NO. LV-2009-0239
Having been assessed civil penalties totaling $320.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 23, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the director of the Division of
Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9272
Mary Sue Hilliard, Supervisor
160 Zilicoa Street; Suite A
Asheville, NC 28801-1082
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 NCO020478
USDA US Forest Service
Lake Powhatan Recreation Area
Case No. LV-2009-0238
Buncombe County
Dear Ms. Hilliard:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$770.00 ($700.00 civil penalty + $70.00 enforcement costs) against USDA US Forest Service.
This assessment is based upon the following facts: a review has been conducted of the
discharge monitoring report (DMR) submitted by USDA US Forest Service for the month of
April 2009. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0020478. The violations
which occurred in April 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that USDA US Forest Service
violated the terms, conditions or requirements of NPDES Permit NCO020478 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 maybe 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 USDA US Forest Service:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwatergualitV.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No`,,
100.00 NC0020478, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for Biochemical Oxygen
Demand concentration.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
100.00 NC0020478, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for Total Suspended Solids
concentration.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
250.00 NC0020478, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for Biochemical Oxygen
Demand concentration.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
250.00 NC0020478, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for Total Suspended Solids
concentration.
700.00 TOTAL CIVIL PENALTY
70.00 Enforcement Costs
$770.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
,.omit 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 t-,
within thirty (30) days of receipt of this notice. A petition is considered filed when it is rec.,
the Office of Administrative Hearings during normal office hours. The Office of Administrativ,.
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 me or Wanda Frazier of the Asheville Regional Office
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
xc: Bob Guerra - Compliance Enforcement w/attachments
ARO Enforcement File - w/ attachments
Central Files - w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
JWQ Case Number: LV-2009-0238 County: Buncombe
Assessed Party: USDA US Forest Service
Permit number: NCO020478 Amount Assessed: $770.00
Please use this form when requesting remission of this civil penalty. You must also complete
the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts"form to request remission of this civil penalty. You should attach any documents that you
believe support your request and are necessary for the Director to consider in evaluating your
request for remission. Please be aware that a request for remission is limited to consideration
of the five factors listed below as they may relate to the reasonableness of the amount of the
civil penalty assessed. Requesting remission is not the proper procedure for contesting whether
the violation(s) occurred or the accuracy of any of the factual statements contained in the civil
penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors applies. Please
check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages
as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors
are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRO",
AND NATURAL RESOURCE_1
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
USDA US FOREST SERVICE ) STIPULATION OF FACTS
PERMIT NUMBER: NC0020478 ) FILE NO. LV-2009-0238
Having been assessed civil penalties totaling $770.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 23, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the director of the Division of
Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9265
Ms. Cathy Childrey
Henderson's Assisted Living
P.O. Box 1796
Southern Pines,North Carolina 28388
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO071897
Henderson's Assisted Living/Mizpah Healthcare
Henderson's Assisted Living WWTP
Case No. LV-2009-0237
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$415.00
($350.00 civil penalty+ $65.00 enforcement costs) against Henderson's Assisted Living.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Henderson's Assisted Living for the month of May 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
May 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson's Assisted Living.
violated the terms, conditions or requirements of NPDES Permit NCO071897 and G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l,Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Henderson's Assisted Living:
ne
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet:www.new6terguality.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permitl'N,
$100.00 NC0071897, by discharging waste water into the waters of the State\
in violation of the Permit Daily Maximum limit for NH3-N- Cone.
1 of the I violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Cone.
$350.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$415.00 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 -J
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
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,
1
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
(,i CWPI)A'I'A',.I)I;iM Q\t-lendersnnV1897 Henderson s Assisted I.ivinei.71.397 L;V-2009-0237.doc

JUSTIFICATION FOR REMISSION REQUEST
WQ Case Number: LV-2009-0237 County: Henderson
Assessed Party: Henderson's Assisted Living/Mizpah Healthcare
Permit No.: NC0071897 Amount Assessed: $415.00
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 ENVIROi�
AND NATURAL RESOURCE,
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HENDERSON'S ASSISTED LIVING WWTP )
/MIZPAH HEALTHCARE )
PERMIT NO. NCO071897 ) FILE NO. LV-2009-0237
Having been assessed civil penalties totaling $415.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 23, 2009,the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NC® N R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 23, 2009
Mr. David H. Osteen
Greystone Enterprises Inc.
P.O. Box 2059
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0327
Permit No. NCO068799
Greystone Subdivision WWTP
Henderson County
Dear Mr. Osteen:
A review of Greystone Subdivision's WWTP monitoring report for May 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 05/13/09 45 mg/1 50.6 mg/I Daily Maximum
Concentration 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 at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James&James Environmental/ORC
G:\WPDATA.\DEMWQIHenderson\68799 Greystone Subdivision\68799 N0V-2009-LV-0327.doc NorthCarolina
Nate ra!!jf
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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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.Tim Doane
TA Operating Corporation
PO Box 451100
Cleveland, OH 44145
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-2009-0242
Buncombe County
Dear Mr..Deane:
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 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 May
2009. 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 May 2009 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;
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
NorthCarolina
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwatergualitV.org

0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No"--,,
00 by discharging waste water into the waters of the State in violation of"I",
Daily Maximum limit for Biochemical Oxygen Demand concentration.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC008595'
250.00 by discharging waste water into the waters of the State in violation of the Permit
Monthly Average limit for Biochemical Oxygen Demand concentration.
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. 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

:ase prepare a detailed statement that establishes why you believe the civil
could be remitted, and submit it to the Division of Water Quality at the address listed
In determining whether a remission request will be approved, the following factors
:all 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 me or Wanda Frazier of the Asheville Regional Office
at 828-296-4500 .
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
xc: Bob Guerra — Compliance Enforcement - w/attachments
ARO Enforcement File - w/ attachments
Central Files - w/attachments
� v

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2009-0242 County: Buncombe
,assessed Party: TA Operating Corporation
Permit number: NC0085952 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. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors applies. Please
check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages
as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors
are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATIQN:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIR.
AND NATURAL RESOUiZ:,,
COUNTY OF BUMCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TA OPERATING CORPORATION )
PERMIT NO. NCO085952 ) FILE NO. LV-2009-0242
Having been assessed civil penalties totaling $320.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 24, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the director of the Division of
Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after (30) days from the receipt of the notice of
assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILL,,
Violator: TA Operating Corporation
County: Buncombe
Case Number: LV-2009-0242
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the
factors set out in 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;
The degree and extent of harm in unknown. All effluent violations are detrimental to the
receiving stream.
2) The duration and gravity of the violation;
There were two BOD daily maximum violations, which exceeded the permit limit by 2% & 19%.
There was one BOD monthly average violation, which exceeded the permit limit by 21%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations are detrimental to the receiving stream.
4) The cost of rectifying the damage;
It is unknown.
5) The amount of money saved by noncompliance;
It is unknown.
6) Whether the violation was committed willfully or intentionally;
It is unknown.
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
During the past 12 months, there have been 2 civil penalty assessments and 4 NOVs issued
for the following DMR violations:
LV-2008-0401 For 2 daily maximum BODs; 1 monthly average BOD; 2 daily maximum
NH3-Ns; and 1 monthly average NH3-N in June 2008.
NOV-2008-LV-0509 For 1 daily maximum BOD in July 2008.
NOV-2009-LV-0172 For 1 daily maximum BOD in October 2008.
NOV-2009-LV-0174 For 1 daily maximum Fecal Coliform in January 2009.
LV-2009-0130 For 1 daily maximum BOD & 1 daily maximum fecal coliform in February
2009.
NOV-2009-LV-0299 For 2 daily minimums not reached, Dissolved Oxygen in March 2009.
8) The cost to the State of the enforcement procedures.
$70.00
-V
D to R g ` C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

dr fir' '
A
INCDEINR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9296
Mr. Iksoo Kim, Owner
I, T &K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 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 NCO086428
I, T &K Enterprises
Marion Travel Plaza WWTP
Case No. LV-2009-0233
McDowell County
Dear Mr. Kim:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$565.00
($500.00 civil penalty + $65.00 enforcement costs) against I, T &K Enterprises Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I, T &K Enterprises Inc. for the month of April 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
April 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I, T &K Enterprises Inc. violated
the terms, conditions or requirements of NPDES Permit NCO086428 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 I, T & K Enterprises Inc.:
NorthCarolina
�irturall�
e SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
.V Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

A
I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Penniv-
$500.00 NC0086428, by discharging waste water into the waters of the State.
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$500.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
- $565.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

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
ATTACHMENTS Asheville Regional Office
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments -'
James & James Environmental/ORC w/attachments
(i:`WPI)-I"A�DI:MWQ`;Mecit)-yell"86=428 Marion Travel Plaza\86 428 IN-2009-0231doc

JUSTIFICATION FOR REMISSION REQUEST
r Q Case Number: LV-2009-0233 County: McDowell
Assessed Party: I,T & K Enterprises/Marion Travel Plaza WWTP
Permit No.: NCO086428 Amount Assessed: $565.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRu_
AND NATURAL RESOURC%,
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
I, T & K ENTERPRISES/MARION TRAVEL
PLAZA WWTP )
PERMIT NO.NCO086428 ) FILE NO. LV-2009-0233
Having been assessed civil penalties totaling$565.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 23, 2009, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE J
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 23, 2009
Mr. Thomas W. Kilpatrick
Veolia Water North America Operating Services
P.O. Box 679
Etowah, North Carolina 28729-0679
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0122
Permit No. NCO073741
Mountain Valley WWTP
Henderson County
Dear Mr. Kilpatrick:
A review of Mountain Valley WWTP's monitoring report for May 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
Continuous Flow 5/30/2009 -5/31/2009 Continuous Failure to Monitor
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 at 8281296-4500.
Sincerely, ,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
G:\WPDATA\DEMWQ\Henderson\73741 Mountain Valley\73741 NOV-2009-MV-0122.doc NorthCarolina
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

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 23, 2009
Mr. Bill Hale
Bon Worth Inc.
P.O. Box 2890
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0325
Permit No. NCO037176
Bon Worth WWTP
Henderson County
Dear Mr. Hale:
A review of Bon Worth WWTP's monitoring report for May 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 05/07/09 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation,it is not requested
that a response be submitted: 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 at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James&James Environmental/ORC
G:\WPDA.TA\DEMWQ\Henderson\37176 Bon Worth\37176 NOV-2009-LV-0325.doc NorthCarolina
Natima!!If
North 623 6748
Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 23, 2009
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0326
Permit No. NCO036641
Fletcher Academy WWTP
Henderson County
Dear Mr. Nash:
A review of Fletcher Academy WWTP's monitoring report for May 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day(20 Deg. C) - 05/13/09 45 mg/I 46.9 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: 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 at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
One
GAWPDATA\DEMWQ\Henderson\36641 Fletcher Academy\36641 NOV-2009-LV-0326.doc NorthCarolina
Nah(M AY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.org FAX [phone] 1-877-623-6748
__ 1

A`ia
NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 23, 2009
Mr. James Rice
North View Mobile Home Park
329 Emma Road
Asheville, NC 28806
SUBJECT: Compliance Sampling Inspection /
Complaint Response
North View Mobile Home Park
Permit number: NCO067342
Buncombe County
Dear Mr. Rice:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on July 21, 2009. The Compliance Sampling Inspection was conducted
by Wanda Frazier and Roy Davis of the Asheville Regional Office. The facility was found to be
in compliance with permit NC0067342.
Please note the "NEW PROCESS CONTROL MONTHLY MONITORING AND
REPORTING REQUIREMENT", EFFECTIVE IMMEDIATELY (see attached). This requires the
owner AND the operator to report process control data to the Division.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: James Queen, ORC
Central Files
ARO Files
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NoAliCarolina
Phone: [phone] \ FAX: [phone] Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguali�.org

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United States Environmental Protection Agency Form Approved.
A Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO067342 ill 121 09/07/21 117 181 SI 19I SI 20I-I
Remarks
21IIIIIIII 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 IIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved---------------------
67 I 1.0 169 70 13 I 71(_I 721 NJ 73 174 751 I I I ( I I 180
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
North view Mobile Home Park 02:45 PM 09/07/21 05/07/01
Newstock Rd Off 25-70 Exit Time/Date Permit Expiration Date
Asheville NC 28806 03.20 PM 09/07/21 10/06/30
Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data
James C Queen/ORC/828-565-0174/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
James Rice,329 Emma Rd Asheville NC 28806//828-253-0164/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ®Operations&Maintenance ®Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Roy M Davis ARO WQ//828-296.-4500 Ext.4659/
Wanda P Frazier ✓�� /Gt, { ARO WQ//828-296-4500 Ext.4662/ /� ?
L/tJ G��1/ �Y a 71 'q oo v
Si ture of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
0 7 d
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO067342 I11 12I 09/07/21 I17 ,aISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
COMPLAINT REPSONSE:
This SAMPLING inspection arose out of a complaint from an adjoining landowner, regarding solids getting
into the receiving stream from the effluent discharge pipe.
Effluent samples were collected during the inspection and submitted to the lab for analysis.
AERATION BASIN (ASB) PROCESS CONTROL DATA:
The settleability test results indicated an URGENT need for WASTING/PUMPING/ REMOVAL of excess
mixed liquor suspended solids (MLSS) from the plant by a commercial hauler.
The results were 98%, which greatly exceeds the recommended level.
URGENT RESPONSE NEEDED:
yIT IS REQUESTED THAT THE OWNER GIVE_PERMISSION FOR EXCESS TO_BE.REMOVED____
FROM THE PLANT IMMEDIATELY.
NEW PROCESS CONTROL MONTHLY MONITORING AND REPORTING REQUIREMENT:
Listed below are comments from three previous inspections indicating a recurrent problem at this facility,
namely, the ability of the operator to WASTE /PUMP/REMOVE excess activated sludge MLSS (mixed
liquor suspended solids)from the WWTP, as needed.
As a result, the Division is AGAIN requesting that the owner allow the operator to WASTE/PUMP
REMOVE EXCESS SLUDGE, as needed. -
In an effort to assure that the proper level of solids are maintained in the plant, the Division is requiring that
the ORC report the results of the aeration basin, activated sludge, 30-minute settleable solids test on a
monthly basis.
This will require the reporting of the percent of solids (MLSS)which settle after 30 minutes, as well as, the
appearance of the floc, the activated sludge color and appearance of ASB foam.
An indication of whether the MLSS is young or old, and if wasting/pumping/removal of excess MLSS is
needed, should also be indicated in this report.
This report is required to be submitted MONTHLY OR MORE FREQUENTLY,,If needed_._,.
This report can be faxed to the attention of Roger Edwards at 828-299-7043 or emailed to:
[e-mail]
A copy of this report should be sent by the operator to the owner. This report should state whether
permission to waste/remove excess MLSS is being requested by the operator.
Page# 2

ermit: NCO067342 Owner-Facility: North View Mobile Home Park
.,[ion Date: 07/21/2009 Inspection Type: Compliance Sampling
.-ermit 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? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ ❑ ❑ ❑
Is the screen free of excessive debris? ■ ❑ ❑ ❑
Is disposal of screening in compliance? ■ ❑ ❑ In
Is the unit in good condition? ■ ❑ Cl ❑
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? ■ ❑ ❑ Cl
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑I n
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? ■ In In ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑
Are weirs level? ■ ❑ ❑ ❑
Page# 4
i

Permit: NCO067342 Owner-Facility: North View Mobile Home Park
Inspection Date: 07/21/2009 Inspection Type: Compliance Sampling
The owner should respond.to the Division and the operator,within 10 days of receipt of the report, as to
whether permission to waste/remove excess MLSS by a commercial hauler is granted.
The owner is required to submit a repsonse to the Division, as to whether permission to waste/remove
excess MLSS by a commercial hauler is granted to the operator. This report can be faxed to the attention of
Roger Edwards at 828-299-7043 or emailed to:
[e-mail]
EXCERPTS FROM PREVIOUS INSPECTIONS:
From Roy Davis' inspection on 8-28-2008:
In response to the July 28, 2008 letter to the owner:
1) the circular clarifier weir had been leveled,
2) the plant grounds leveled,
3) and the ORC was given the authority to manage the wasting/pumping of excess activated sludge.
As a result of wasting/reducing the sludge inventory, the aeration basin DO was in the range of 4-5 mg/I.
The owner has plans to repipe the clarifiers, so that they operate in parallel.
In addition, the owner has plans and a request for an authorization to construct and install a used WWTP,
using the existing plant as a flow equalization basin.
From Roy Davis and Janet Cantwell's inspection letter of 7-25-2008:
Recommendations:
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.
From Roy Davis and Janet Cantwell's inspection letter of 5-8-2008:
This inspection arose out of a complaint from an adjoining landowner, regarding solids getting into
the receiving stream from the effluent discharge pipe.
Page# 3

ermit: NCO067342 Owner-Facility: North View Mobile Home Park
-lion Date: 07/2'1/2009 Inspection Type: Compliance Sampling
secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? ■ n n n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 2
Comment:
Operations$ Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Page# 5

Permit: NCO067342 Owner-Facility: North View Mobile Home Park
Inspection Date: 07/21/2009 Inspection Type: Compliance Sampling
Operations& Maintenance Yes No NA NE
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Page# 6

doss
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 24,2009
Coleman Buckner
2871 New Leicester Highway
Leicester,North Carolina 28748
Subject: Inspection report
Incident Report: 200901900
Buckner Property
Sluder Branch: Class C
Buncombe County
Dear Mr. Buckner:
On July 22, 2009, Ms. Susan Wilson and myself inspected your activity at the property identified
by the Buncombe County GIS system as (PIN) 8791.84.8311. The activity in question was to
grade land, create a farm access by installing a single culvert, stabilize stream bank, and create
pasture. As the intention of this activity is agricultural in nature, and you have stated that you
desire to register your activity through the Agricultural Exemption form with the County, and
have stated that you will be grassing all exposed soils as quickly as possible,this office has
determined that your activity is compliant with existing regulations.
Should you need any further information, or have any further questions,please do not hesitate to
contact Ms. Susan Wilson at 828-296-4665 or myself at 828-296-4650.
Best R ards,
1
Kevin H. Barnett
Environmental Specialist
G:\WPDATA\DEMWQ\Buncombe\Complaints\Buckner.Leicester.Ag.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 y��l/�
Internet: www.ncwaterquality.org �/a�v atul
An Equal Opportunity\Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
'Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 24, 2009
David Tranter, Maintenance Director
Smoky Mountain Country Club Estates
PO Box 937
Whittier NC 28789 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0123
Permit No. NCO084441
Smoky Mountain Country Club
Dear Mr. Tranter: Swain County
A review of Smoky Mountain Country Club's monitoring report for April 2009 showed the
following violations:
Parameter Date Measuring Frequency Violation
Total Residual Chlorine Week of 19-25 Twice weekly Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem. The
reverse side of the relevant DMR required an adequate explanation for any and all violations. If an
explanation was provided, then it is not requested that a response be submitted. If an explanation
was not provided or should you have additional information concerning the violation(s), please
submit them to the attention of Wanda Frazier.
If missing data is available, please provide this data by re-submitting two copies of the
original DMR to Central Files (to the address provided on the DMR) and highlighting the additional
data and comments (such as, "Amended"). The Division of Water Quality may pursue enforcement
actions for this and any additional violation(s).
If violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional
information.
If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828-
296-4500.
Sincerely,,
Roger C. Edwards, Regional Supervisor
xc: Central Files /ARO Files Surface Water Protection Section NorthCarolina
Vatitrally
North Carolina Division of Water Quality 2090 U.S.Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterquality.org FAX[phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 24, 2009
Mr. Chase Harper, Vice President
Nantahala Mountain Village Inc.
9400 Hwy 19 W
Bryson City, NC 28713 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0124
Permit No. NCO037737
Nantahala Village
Dear Mr. Harper: Swain County
A review of Nantahala Village's monitoring report for April 2009 showed the following
violations:
Parameter Date Measuring Frequency Violation
Temperature Week of April 19 - 25 5 times weekly Failure to monitor
Remedial actions, if not already implemented, should betaken to correct any problem. The
reverse side of the relevant DMR required an adequate explanation for any and all violations. If an
explanation was provided, then it is not requested that a response be submitted. If an explanation
was not provided or should you have additional information concerning the violation(s), please
submit them to the attention of Wanda Frazier.
If missing data is available, please provide this data by re-submitting two copies of the DMR
to Central Files (to the address provided on the DMR) and highlighting the additional data and
comments (such as, "Amended"). The Division of Water Quality may pursue enforcement actions
for this and any additional violation(s).
If violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional
information.
If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828-
296-4500.
Sincerely,
��..c.�,.l �• G--�:�:t'G'Wit:����
Roger C. Edwards, Regional Supervisor
xc: Central Files /ARO Files Surface Water Protection Section NoAhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwatergualitV.org FAX[phone]

C®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 24, 2009
David Tranter, Maintenance Director
Smoky Mountain Country Club Estates
PO Box 937
Whittier NC 28789 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0123
Permit No. NCO084441
Smoky Mountain Country Club
Dear Mr. Tranter: Swain County
A review of Smoky Mountain Country Club's monitoring report for April 2009 showed the
following violations:
Parameter Date Measuring Frequency Violation
Total Residual Chlorine Week of 19-25 Twice weekly Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem. The
reverse side of the relevant DMR required an adequate explanation for any and all violations. If an
explanation was provided, then it is not requested that a response be submitted. If an explanation
was not provided or should you have additional information concerning the violation(s), please
submit them to the attention of Wanda Frazier.
If missing data is available, please provide this data by re-submitting two copies of the
original DMR to Central Files (to the address provided on the DMR) and highlighting the additional
data and comments (such as, "Amended"). The Division of Water Quality may pursue enforcement
actions for this and any additional violation(s).
If violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional
information.
If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828-
296-4500.
Sincerely,
�r p°
Roger C. Edwards, Regional Supervisor
xc: Central Files /ARO Files Surface Water Protection Section NorthCarolina
Natura!!if
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX[phone]

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,,everly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
July 24, 2009
Sam Greenwood
Town Manager
Town of Franklin
188 West Main Street
Franklin,North Carolina 28734
Subject: 401 Water Quality Certification—Approval
Proposed Public Works Facility Revised
DWQ Project#2009-0504
Macon County
LTNOI /Unnamed Tributary to LTN River/2-(1)/C
Dear Mr. Greenwood:
The DWQ has completed the review of your 401 Water Quality Certification application dated July 6, 2009
associated with the subject project listed above. The application revised the original project previously
approved.
This letter replaces the earlier approval, dated June 23, 2009, and grants permission to place fill within or
otherwise impact 0.02 acres of wetlands and 145 feet of streams for the purpose of constructing a public works
facility at the subject property. This approval requires you to follow the conditions listed in the attached
Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows
you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and stonnwater
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone] i Customer Service:1-877-623-6748 Orie Internet:www.ncwaterquality.org NorthCafolina
Aahl1 all
An Equal Opportunity 1 Affirmative Action Employer

Sam Greenwood
July 24,2009
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 145 (feet) Sheet C2
404/CAMA Wetlands 0.02 (acres) Sheet C2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
ZZ
t" Coleen H. Sullins, Director
CHSlcbc
cc: Lori Beckwith- USACE Asheville Regulatory Field Office (e-copy)
Jeff Bishop—McGill Associates (e-copy)
401 Permitting Unit—Central Office
File Copy
V Is\TownOfFranklin\09-0504_Approval_MOD 7-24-09.doc
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality.
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 24, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED-7007 1490 0004 0798 9319
Mr. Michael Mezrah
NC Mountain Retreat, LLC
2708 Azeele Street
Tampa, FL 33609 -
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9326
Mr. Richard A. Wood, Esq.
Battle Strump NC, LLC
1395 Brickell Ave., 14th Floor
Miami, FL 33131
SUBJECT: NOTICE OF VIOLATION
NC Mountain Retreat and Battle Strump NC Property
NOV 2009-OP-0051
Madison County
Response deadline: August 11 or 15 days from receipt
Dear Messrs. Mezrah and Wood:
The Division of Water Quality has received information from the Division of Land Resources
(DLR) indicating that you and/or your firm have been found in violation of the North Carolina
Sedimentation Pollution Control Act (Act), due to land-disturbing activities for which you are
responsible.
The violations reported by the DLR also place you in violation of the National Pollution Discharge
Elimination System (NPDES) Construction Stormwater Permit NCGO10000. As indicated in the
inspection report,DLR personnel documented sediment damage to a lake or natural watercourse.
Sediment deposition to waters of the State is considered a violation of water quality standards
VIOLATIONS
I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit
(NCGO10000) is applicable to all point source discharges of stormwater from construction
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One t
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Norte 1 Cclrohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org v r aturallty
An Equal Opportunity Affirmative Action Employer

Mcssrs.Merrah and Wood
JUiv 2-1,2009
Page 2 of3
activities disturbing one or more acres of land. Prior to the commencement of construe,,,
and land-disturbing activities, approval of an Erosion and Sedimentation Control (E&SC)' ..
Plan shall be obtained from the Division of Land Resources (DLR).
a. Failure to apply for and receive an approved E&SC Plan prior to commencement of
construction (Part I Section A: No. 1.).
b. Failure to adhere to an approved E&SC Plan (Part I Section A: No. 2.)
c. Failure to operate and maintain stormwater controls to optimum efficiency (Part I
Section C. No. 2).
II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f-An indeterminate length of an unnamed tributary to Walnut Creek, a Class C water
body in the French Broad River Basin, was 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 by the deadline noted above (August 11, 2009). Your
response should be sent to both to the attention of Susan A. Wilson, 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 Maili
Service Center, Raleigh, NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with the NCGO 10000
Permit and your E&SC Plan. A copy of the NCG010000 Permit may be obtained
from the DWQ website address:
http://h2o.enr.state.nc.us/su/Forms Documents.htm#stormwaterGP
b. 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 explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. A complete assessment of the
amount (depth) of sediment and length of impact must be included.

c. Please submit a Sediment Removal Plan to this office for review and approval. The
plan must address removal of the accumulated sediment from the unnamed tributary
to Walnut Creek and be submitted to the Division of Water Quality for review and
approval prior to implementation. You are encouraged to secure an environmental
consultant experienced in stream restoration to assist you with your development of
your plan and authorization necessary to achieve compliance. It is recommended
that your consultant contact Susan A. Wilson of the Asheville Regional Office for
additional guidance during restoration plan development. The plan should include
the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final
report documenting restoration of the stream should be submitted to Susan.
A. Wilson.
Thank you for your attention to this matter. This office requires that the violations, detailed above,
be abated immediately. These violations and any future violations are subject to a civil penalty
assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Susan A. Wilson at [phone].
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources/Jeff Wait
Madison County Planning
G:\WPDATA\DEMWQ\Madison\Complaints\NC Mountain Retreat and Battle Strump\NOV NC Mountain Retreat 7 2009.doc

-1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,averly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 27, 2009
Mr. Josh Schley
Mr. Woodward H. McKee
Whiteside Partners, L,LC
9 Pack Square SW, Suite 300
Asheville, NC 28801
Subject: Request for More Information —On Hold
401 Water Quality Certification
Quigley Project
DWQ Project# 09-0533
Madison County
Response deadline: August 27, 2009
REQUEST FOR MORE INFORMATION
;ar Messrs. McKee and Schley:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Mr. Kevin Barnett (Asheville Regional Office,
Surface Water Protection), Mr. David McHenry (Wildlife Resources Commission), Mr. Bryan Tompkins (US
Fish and Wildlife), and Ms. Susan A. Wilson (ARO, Surface Water Protection) conducted a site visit July 22.,
2009. Based on the site visit and review of the application, additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Applicant Information
The submitted application has provided that Josh Schley is the Applicant of record for this
project. A search of the NC Secretary of State's website shows Woodward H. McKee as the
registered Agent for Whiteside Partners, LLC. The application must be modified to reflect this
information.
Location 2090 U S.Highway 70,Swannanoa,North Carolina 28778 011e
Phone:[phone],FAX [phone] Customer Service:1-877-623-6748
Internet:www.i)cwiterquality.ory 1�01 �1(,�ll'OII11it
-Vtttutally
An Equal(:ipportunity'1?ff'¢%n,:,;trJE;Action Employer

Messrs.Schley and McKee
July 27,2009
Gage 2 of 4
2. Nature of Activity
The application provides that the project is to create a residential development along with a .
resort hotel and spa with supporting amenities.
The application also provides that the chosen amenity is a golf course. No alternatives analysis
as to other amenities being evaluated with respect to lessening impact. Information regarding an
alternatives analysis must be provided.
3. Water Quality Designations
The provided supplemental information indicated that the applicant understood Spring Creek is
proposed for a supplemental classification by the Division but has not provided a description of
measures, which would support the development not degrading these streams. Appropriate
additional stormwater measures should be provided which would protect these supplemental
classifications.
4. Site Plans
During the site visit July 22, it was noted that new roads had been installed at the site which
appear to encroach upon, or through, proposed protected area in the mitigation plan. Please
provide an updated site map noting the new road(s) and potential impacts.
5. Proposed Impacts
Your application has proposed approximately 2,584 linear feet of stream and 3.12 acres of -
wetlands will be impacted by this development activity. The Division believes some of these
impacts can be avoided or minimized beyond that which is proposed through reconfiguration of
the project design.
Specifically:
• Crossing RS2 does not cross at a 90 degree angle and proposed 175 linear feet of impact.
A re-alignment of the road to a 90 degree crossing would significantly reduce the amount
of impact necessary for this crossing.
• Crossing RW4 proposes 0.015 acres of wetland fill. A realignment of RS2 / RW4 can
avoid this wetland impact in its entirety.
• RS3 / RW3 proposes 60 linear feet of stream impact and 0.024 acres of'wetland fill. Re-
aligning this crossing slightly down stream would reduce the culvert length needed, and
avoid the wetland impact altogether.
• RS5 / RW5 proposes 100 linear feet of stream impact and 0.014 acres of wetland fill
Re-aligning this crossing could eliminate the wetland fills altogether.
• The practice range should be reconfigured to avoid impacts GW 11 (0.080ac), G W 1
(0.053ac) and GS14 (35 linear feet).
• Bridges should be evaluated to eliminate GW19 (0.27ac), GW21 (0.013ac), GS 13 (100
linear feet), GS12 (41 linear feet), GS11 (42 linear feet), GSIO (499 linear feet), GS8
(185 linear feet), GS7 (42 linear feet), GS6 (242 linear feet), GS5 (123 linear feet), GS4
(139 linear feet), GW3 (0.019ac), GS3 (30 linear feet), and GW1 (0.12ac).

• Golf Course impacts should be re-evaluated for avoidance to eliminate GS1 (223 linear
feet) <suggest playover>, GS2 (225 linear feet) <suggest playover>, GW2 (0.049ac)
<suggest playover>, GW4 (0.050ac), GS6 (242 linear feet) <suggest playover>, GW6
(0.014ac), GW9 (0.55ac), GW7 (0.09ac), GW8 (0.18ac) <suggest playover>, GW10
(0.25ac), GW 11 (0.057ac), GW 12 (0.071 ac), GW 13 (0.044ac), GW 14 (0.009 ac), GW 15
(0.O10ac), GW16 (0.68ac), GW17 (0.01lac), GW18 (0.021ac), GW19 (0.273ac), and
GW21 (0.013ac).
• The proposed replacement of culvert GS 13 should also include a pond drawdown,
sediment management, and pond refilling plan for approval as part of this application.
• This agency recommends the realignment of tee boxes to avoid impacts, the control of
grading and the utilization of engineered soil lifts and retaining walls to avoid impacts
and the relocation of golf hole 46 to avoid impacts.
6. Mitigation
Your mitigation plait has several areas of concern. Several proposed areas of preservation are
isolated by proposed impacts. Isolated segments are the least desirable preservation areas due to
fragmented connectivity of benthic populations and the inherent passage issues. If considered,
these preservation areas would receive the least credit available as per the mitigation guidelines.
Several of the mitigation areas have road encroachments and / or property line encroachments
into buffer areas. These areas shall not receive full credit as per the mitigation guidelines.
The preservation areas above the existing entrance off NC Hwy 209 has had a road re-alignment
/ or property access constructed since the scheduled on-site meeting which encroaches into, and
crosses the proposed preservation area, limiting the buffer and isolating the upper reach of this
preservation. Mitigation credits must be scaled back to the minimum available as per the
mitigation guidelines.
Please provide your response in writing to the addresses below prior to August 27, 2009. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-16.50
and a single copy to the Asheville Regional Office at:
Kevin Barnett/Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
will consider the project withdrawn.

Messrs.Schley and McKee �\
July 27,2009
Page 4 of 4
This letter only addresses the preliminary application review and does not authorize any impacts to wet...
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ.
Due to the extent of the comments, the Division is placing your project on hold. A new application addressing
these comments and a redesign should be submitted such that review of your project may continue. Please call
Kevin Barnett or Susan A. Wilson at [phone], if you have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Neill Yelverton, Wetland and Natural Resource Consultants, Inc. (by Electronic Copy)
P.O. Box 882, Canton,NC 28716
David Baker, US Army Corps of Engineers Asheville Regulator Field Office (by Electronic Copy)
David McHenry, North Carolina Wildlife Resources Commission (by Electronic Copy)
Cyndi Karoly, 401 Permitting Unit (by Electronic Copy)
G:\WPDATA\DEMWQ\Madison\401s\Quigley prgject\09-0533 Quigley Addinlbl 7 2009saw.doe
i

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 27, 2009
Ray Wiggins
Post Office Box 563
Lake Junaluska, North Carolina 28754
Subject: Stream Restoration
Haywood County
Dear Mr. Wiggins:
The attached letter was returned "unclaimed" to the North Carolina Division of Water Quality.
Refusal to claim the letter does not constitute failure of this agency to deliver it; additionally,
refusal to claim the letter does not relieve the property owner from consequences for the
described violations.
Please read the attached letter dated June 19, 2009 (describing unauthorized stream modifications
along Shelton Cove Road) and advise the Division of Water Quality concerning actions taken or
planned to remedy the situation. If there are questions or comments, contact Kevin Barnett at
telephone number 828-296-4657.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Lori Beckwith, US Army Corps of Engineers
Haywood County Planning
SURFACE kNATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location::2090 U S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 y+
Internet www...umaterquality.org atu[all y
An Equa!Opportunity`Arfi rnative Action Employer

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Colleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 19, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ray Wiggins
Post Office Box 563
Lake Junaluska, North Carolina 28754
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Ray Wigging Stream Restoration
NOV-2009-SP-0015
401 Water Quality Certification (WQC) Conditions
Haywood County
Response deadline: July 7, 2009
Dear Mr. Wiggins:
On June 10, 2009, Kevin Barnett and Susan Wilson from the Asheville Regional Office of the Division of
Water Quality(DWQ)conducted a site inspection for Ray Wiggins Stream Restoration along Shelton Cove
Road in Haywood County.
401 certification were noted during the inspection and file review. Rock fill impacts to Shelton Branch
(classified B waters) were documented constituting water quality certification violations. The submitted
application to the US Army Corps of Engineers and to the NC Division of Water Quality stated that you
were going to restore Shelton Branch through the pond bed. The Army Corps issued a Nationwide 18
permit verification for you to perform this work. It was observed that, instead, you rip-rapped
approximately 25 feet of channel and re-installed a pipe to refill the pond. No restoration,as authorized,
was performed.
As a result of the site inspection and file review,the following violations,detailed below, were noted:
I 401 WQC Condition Violations
VIOLATIONS
I. 401 WQC.Condition Violations—Ray Wiggins submitted a Pre-Construction Notification (PCN)
to both the US Army Corps of Engineers and the NC Division of Water Quality. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permit(s) 18, and the corresponding
General Water Quality Certifications. DWQ returned this package as incomplete on May 20, 2007,
The US Army Corps approval letter specifies that the activities must follow the conditions listed in
the General Water Quality Certification.
• General Water Quality Certification 3631, Condition 8 states the following: Any project
- proposing re-alignment of streams must secure written authorization from the Division of
Water Quality. You have not secured such an authorization.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOI'trlCil2 01111a
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 "N����
Internet: www.ncwaleiqualily.org �at tt
An Equal Opportunity''+,, irmative Action Employer

Ray Wiggins
June 19,2009 \\
Page 2 42
• General Water Quality Certification 3631, Condition 1 states the following: that all fills
within streams must be accounted for. The rip-rap fill placed in the stream is not included
in your Army Corps of Engineers Nationwide 18 Verification. Any and all fills must either,
be removed, or permitted to remain in place.
REQUIRED RESPONSE
This Office requests that you respond in writing on, or before, close of business, July 7, 2009. Your
response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY
70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1 6 1 7. Your
response should address the following items:
I. 401 WQ Certification
a. Clearly explain why the 401 Water Quality Certification was not complied with.
b. Provide a proposed schedule of when you expect to have the required 401 WQ Certification
application submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to determine if a
404 Permit is necessary for these restoration activities.
d. You must provide a stream restoration plan for the unauthorized fills, or submit a Pre
Construction Notification to retain these fills. Satisfactory stream restoration requires
planting in accordance with the EEP Publication "Guidelines for Riparian Buffer
Restoration". This document is available electronically at
http://www.nceep.net/news/reports/bufferLpdf. ,
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations,as detailed
above, be abated immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Kevin Barnett at(828)296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Lori Beckwith, US Army Corps of Engineers
David McHenry, NC Wildlife Resources Commission
Haywood County Planning
G:\WPDATA\DEMWQ\Haywood\401s\NOV2009SP0015.RayWiggins.doc
t
�_i

WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 27, 2009
Roger Robinson
RWR Land Company
Post Office Box 1900
Mars Hill, NC 28754
Subject: Failure to Resolve Notice of Violation
1,050 Liner Foot Culvert in Un-named tributary to Big Branch
NOV-2008-CV-0015
RWR Land Company
Madison County
Dear Mr. Robinson:
'On August 28, 2008, this office issued you a Notice of Violation and Recommendation for Enforcement
with regards to the violations cited. In your response,your consultant stated that you desired to pursue
after the fact permitting as a resolution to the stated violations.
Based on the July 1, 2009 return of the application as incomplete but this agency, and the US Army
Corps correspondence on June 2, 2009, it has been determined that seeking an after the fact authorization
is not an acceptable resolution to the violations stated in the Notice of Violation and Recommendation
for Enforcement issued by this office.
Prior to August 31, 2009,you must submit to both this office and to the Non-Point Source Compliance
and Enforcement Unit referenced in the issued Notice of Violation and Recommendation for
Enforcement, a restoration plan for the removal of the installed culvert which provides a stable pattern,
dimension, and profile for the stream and adjacent riparian areas.
Should you have any questions regarding this matter, please do not hesitate to contact Kevin Barnett at
828-296-4657.
Sincerely,
Roger C. Edwards, Supervisor
Asheville Regional Office
Surface Water Protection Section
Cc: Non-Point Source Compliance and Enforcement Unit
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 '/y+ //
Internet: www.ncwaterquality.org atl{`a"ff
An Equal Opportunity'%Affirmative Action Employer

A
ia
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 27, 2009
Glenn M Rhodes
Town of Columbus
PO Box 146
Columbus NC 28722-0146
SUBJECT: Compliance Evaluation Inspection
Columbus WWTP
Permit No: NC0021369
Polk County
Dear Mr. Rhodes:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted on June
25, 2009 by Jeff Menzel of the Asheville Regional Office. The facility appeared to be in
Compliance with permit NCO021369.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff has any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NorthCarolliina
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Polk\21369 Columbus WWTP ;Vatura[ly

United States Environmental Protection Agency
Form Approved.
-P n Washington,D.C.20460 OMB No.2040-0057
/`1 Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO059200 111 121 05/11/18 117 18I CI 19I SI 201 1
Remarks
21111111111111111111111111111111111111111111111111
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 701 I 711 I 721 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)
Trillium Links & Village LLC 10:30 AM 05/11/18 03/08/01
NCSR 1145 Exit Time/Date Permit Expiration Date
Cashiers NC 28717 11:20 AM 05/11/18 07/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Alan Joe Watkins/ORC/828-251-1900/
Name,Address of Responsible Official/Title/Phone and Fax Number
Greggory A Ward,PO Box 2644 Cashiers NC Contacted
28717/President/828-743-9951/8287430687 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Flow Measurement ®Operations&Maintenance ®Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
James R Reid ARO WQ//828-296-4500 Ext.4651/
Starr Silvis ARO WQ//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 (cones,
3I NCO059200 I11 12I 05/11/18 I17 18H
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
RPB Systems took over operation of the facility approximately 18 days prior to the inspection. During the
time of the inspection the aeration basins appeared to be overly aerated and lightly loaded. Field
measurements indicated that D.O. was approximately 7.5 to 8.5 mg/I and that settleable solids were
between 30-35%. Aeration rates should be adjusted to decrease D.O. and increase settleable solids.
The flow meter is past due for calibration. Calibration should be conducted by a qualified professional as
soon as possible.
Page# 2

Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC
.action Date: 11/18/2005 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■
Is the facility as described in the permit? ■ In n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n In
Is the inspector granted access to all areas for inspection? ■ n n n
Comment: No special conditions
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ In n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n In n
Judge,and other that are applicable?
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ ❑ n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ In n n
Is the basin free of excessive grease? ■ n n n
Are all pumps present? n n n ■
Are all pumps operable? In n In
Are float controls operable? n n n ■
Are audible and visual alarms operable? n n n ■
#Is basin size/volume adequate? ■ n n n
Comment:
Page# 3

Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC
Inspection Date: 11/18/2005 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? IN ❑ 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
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ (_1 n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n n ■
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) n n n ■
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air j
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? ■ n n n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? n ® n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n ■ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) n ■ n n
Comment: The aeration basin appeared to be heavily aerated and lightly loaded. The
DO during the inspection was between 7.5 and 8.5 mg/I.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? n n n ■
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Page# 4

Permit: NC0059200 Owner-Facility: Trillium Links&Village LLC
,.ection Date: 11/18/2005 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is there chlorine residual prior to de-chlorination? n n n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? IN n n n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ® n n n
Number of tubes in use? 4
Is the feed ratio proportional to chlorine appropriate?(Approximately ratio 1:1) ■ n n n
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ® ❑ n n
Is flow meter calibrated annually? n ■ n n
Is the flow meter operational? ® n n n
(If units are separated) Does the chart recorder match the flow meter? n n n ■
Comment: RPB Systems took over operation of the facility approximately 18 days
prior to the inspection. The facility is currently being cleaned up and brought up to date.
Page# 5

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 29, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9333
Mr. Kevin Heape
Jeld-Wen Inc.
PO Box 1329
Klamath Falls, OR 97601
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 NCO076180
Jeld-Wen Inc.
Jeld-Wen Fiber of NC
Case No. LV-2009-0254
McDowell County
Dear Mr. Kevin Heape:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$314.00
($250.00 civil penalty+ $64.00 enforcement costs) against Jeld-Wen Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Jeld-Wen Inc. for the month of March 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0076180. The violations which occurred in March 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Jeld-Wen Inc violated the terms,
conditions or requirements of NPDES Permit NCO076180 and G.S. 143-215.l(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Jeld-Wen Inc.:
None
rthCarolina
Natilrally
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.om G:\WPDATA\DEMWQ\Mcdowell\Jeld-Wen 76180

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for RES/TSS.
0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0076180,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
$250.00 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$314.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b),which are: ✓
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center '
Raleigh,North Carolina 27699-1617

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

Administrative Hearings during normal office hours. The Office of Administrative Hearin&
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except to..,
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 Jeff Menzel of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
m
Roge . Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Enforcement File w/attachments
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
jWQ Case Number: LV-2009-0254 County: McDowell
Assessed Party: Jeld-Wen Fiber of NC
Permit No: NC0076180 Amount Assessed: $314.00
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 ENVIR i0
AND NATURAL RESOURCE.-
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JELD WEN FIBER of NC )
PERMIT NO.NCO076180 ) FILE NO. LV-2009-0254
Having been assessed civil penalties totaling$314.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 29, 2009, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 29,2009
Mr.J.B. Setzer,P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-Cat Creek Road
DWQ Project08-1022
TIP No.B-4179
Macon County
Dear Mr. Setzer:
On July 8,2009,1 inspected the construction work on the culvert on Cat Creek Road in Macon County. The
erosion and sedimentation control structures,vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Selzer)Cat Creek Road Inspection Letter July 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] l FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterouality.org ahmallu
An Equal Opportunity 1 Affirmative Action Employer

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DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: July 8,2009
County: Macon Region: Asheville
DOT Division: Division 14 —�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1022 NW Permit#: IP
Project Name: Cat Creek Road Bride Replacement
Location of Project: NCSR 1513 south of US 44land north of Franklin in Macon County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
❑Bridge ❑ Steam Standards Violation
X❑ Culvert X❑Turbidity
❑ Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts(see below)
❑Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑Zone 1 Est Acres ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet�—
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact_ ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWQ Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Rabbit Creek
Basin/Subbasin: Little Tennessee 040401
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B: ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW x❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV RSA RCA
Type of Authorized Impact: ❑Culvert X❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: 00- 1/10`h acre ❑1/1 lth to 1/3rd acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Construction continues on project. The arch culvert had been installed on the day before the inspection. The
project appears to be in good shape over all.
Continue to maintain erosion control devices and continue with seeding and matting as required.
NCSR 1513(Cat Creek Road)Inspection July 2009

FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 29, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9333
Mr. Kevin Heape
Jeld-Wen Inc.
PO Box 1329
Klamath Falls, OR 97601
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 NCO076180
Jeld-Wen Inc.
Jeld-Wen Fiber of NC
Case No. LV-2009-0254
McDowell County
Dear Mr. Kevin Heape:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$314.00
($250.00 civil penalty+ $64.00 enforcement costs) against Jeld-Wen Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Jeld-Wen Inc. for the month of March 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0076180. The violations which occurred in March 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Jeld-Wen Inc violated the terms,
conditions or requirements of NPDES Permit NCO076180 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 Jeld-Wen Inc.:
NorthCarolina
Ivatura!!y
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Mcdowell\Jeid-Wen 76180

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for RES/TSS.
0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for RES/TSS.
$250.00 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$314.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
.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 Hearin
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except fo-,,,
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 Jeff Menzel of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roge9f C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Enforcement File w/attachments
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
WQ Case Number: LV-2009-0254 County: McDowell
Assessed Party: Jeld-Wen Fiber of NC
Permit No: NCO076180 Amount Assessed: $314.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRO.,
AND NATURAL RESOURCE,
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JELD WEN FIBER of NC )
PERMIT NO. NCO076180 ) FILE NO. LV-2009-0254
Having been assessed civil penalties totaling $314.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 29, 2009,the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 29, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9340
Mr. Kevin Heape
Jeld-Wen Inc.
PO Box 1329
Klamath Falls, OR 97601
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 NCO076180
Jeld-Wen Inc.
Jeld-Wen Fiber of NC
Case No. LV-2009-0256
McDowell County
Dear Mr. Kevin Heape:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$414.00
($350.00 civil penalty+ $64.00 enforcement costs) against Jeld-Wen Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Jeld-Wen Inc. for the month of April 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0076180. The violations which occurred in April 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Jeld-Wen Inc. violated the terms,
conditions or requirements of NPDES Permit NCO076180 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 Jeld-Wen Inc.:
NorthCarolina
^;� �aturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Mcdowell\Jeld-Wen 76180

I of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.`- ,,,
$100.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Cone.
0 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$00.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for RES/TSS.
0 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$00.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0076180, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$350.00 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$414.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit ;-
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
aubmit 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 Hearu-L
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except
official state holidays. The original and one (1) copy of the petition must be filed with the Offices,
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 Jeff Menzel 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: Enforcement File w/attachments
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
�WQ Case Number: LV-2009-0256 County: McDowell
Assessed Party: Jeld-Wen Fiber of NC
Permit No. NC0076180 Amount Assessed: $414.00
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 ENVIROr,,"
AND NATURAL RESOURCE:'
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
JELD-WEN FIBER of NC )
PERMIT NO.NCO076180 ) FILE NO. LV-2009-0254
Having been assessed civil penalties totaling $414.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 29, 2009, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 520
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
David J. Burtt
105 Lighthouse Drive
Jupiter Inlet,Florida 33469
Subject: Activities Deemed Certified
Burtt Property Access
DWQ Project#2009-0652
Caldwell County
Catawba/New Years Creek/ 11-38-5-2/C, Tr
Dear Mr. Burtt:
The Division of Water Quality (Division)has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
it has been determined that the subject project does not require written concurrence from the Division and is
'deemed certified, if the conditions required by Water Quality Certification No. 3705 are followed(located at
http://h2o.enr.state.nc.us/ncwetlands/rd wetlands certiti.cations.htm). In addition,you should obtain or
otherwise comply with any other required federal, state or local permits before proceeding with the project,
including (but not limited to) Erosion and Sediment Control regulations.
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at 828-296-4653.
Sincerely,
r �C �'o�
Roger C. Edwards
Regional Office Supervisor, Surface Water Protection Section
cc: USACE Asheville Regulatory Field Office—Electronic Copy
Wildlife Resources Commission—Ron Linville—Electronic Copy
401 Permitting Unit—Central Office—Electronic Copy
ARO File Copy
G:\WPDATA\DEMWQ\Caldwell\401s\09-0652.DeemedCertified.doe
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOrthCarolina
Internet:www.ncwaterquality.org au'J� ra l y
An Equal Opportunity\Affirmative Action Employer �/y[L ` "

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
Mr. Jeffrey Wakefield
Columbia Forest Plywood Products
PO Box 1148
Old Fort NC 28762
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0332
Permit No. NCO087076
Columbia Forest Plywood Products
McDowell County
Dear Mr. Wakefield:
A review of Columbia Forest Plywood Products's monitoring report for May 2009 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 05/31/09 30 mg/I 35.7 mg/I Monthly
Concentration Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. It is not requested
that a response be submitted: however, should you have additional information concerning the violations
or comments which you wish to present, please submit them to the attention of Jeff Menzel.
The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the
violations are of a continuing nature, not related to operation and/or maintenance problems, and you
anticipate remedial construction activities, then you may contact Jeff Menzel of this Office for additional
information.
If you should have any questions, please do not hesitate to contact Jeff Menzel at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
WQ Asheville Files one
NorthCarolina
VIVA(!'ly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Mcdowell\Columbia 87076

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HCON"Ka
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9357
Mr. Mack W. Edmisten,
Director Public Utilities City of Lenoir
PO Box 958
Lenoir,NC 286450958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2009-0259
Caldwell County
Dear Mr. Edmisten:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,564.00 ($2,500.00 civil penalty+ $64.00 enforcement costs) against City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by City of Lenoir for the month of April 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0023736. The violations which occurred in April 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms,
conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against City of Lenoir:
None
rthCarolina
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Caldwell\Lenoir WWTPs\23736 Gunpowder Creek

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N- Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0023736,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0023736,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,500.00 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$2,564.00 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
;abmit 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 Heard-Ua
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except t',,
official state holidays. The original and one (1) copy of the petition must be filed with the Office"",,
of Administrative Hearings. The petition maybe 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 Jeff Menzel of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
eTrEdwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: Enforcement File w/attachments
Central Files w/attachments
DWQ Asheville Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
vVQ Case Number: LV-2009-0259 County: Caldwell
Assessed Party: City of Lenoir Gunpowder Creek WWTP
Permit No. NCO023736 Amount Assessed: $2,564.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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ORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
A I'Y OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CITY OF LENOIR ) STIPULATION OF FACTS
GUNPOWDER CREEK WWTP
PERMIT NO. NCO023736 ) FILE NO. LV-2009-0259
Having been assessed civil penalties totaling $2,564.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 30, 2009,the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
Mr. Jack Robertson
Henderson County Board Of Education
414 4th Avenue West
Hendersonville, North Carolina 28739
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Rugby Middle School WWTP
Permit No: NCO066664
Henderson County
Dear Mr. Robertson:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on July 24, 2009. The facility appeared to be in compliance
with permit NC0066664. The kind assistance of Mr. Trevor McMinn during the inspection
was greatly appreciated. Mr. McMinn is doing a fine job of operating this facility.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
2 net Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files w/ attachment
DWQ Central Files w/ attachment
Trevor McMinn/ ORC w/ attachment
G:\IiVPDATAIDEiv1WQ\Henaerson\66664 Rugby Middle School\66664 CEi.09.doc
lq^
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70, Swannanoa,NC 28778 NorthCaTolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org Natures l//
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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 I NI 2 151 31 N00066664 111 121 09/07/24 117 181 CI 191 SI 201
Remarks
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67I 169 701 I 711 I 721 NJ 73I I 174 751 I ( I I I I 180
Section B: Facility Data �_1__I
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Rugby Middle School
11:20 AM 09/07/24 05/12/01
3555 Haywood Rd Exit Time/Date Permit Expiration Date
Hendersonville NC 28791 12:05 PM 09/07/24 10/11/30
Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Jack Robertson,414 4th Ave W Hendersonville NC 28739//828-692-4992/Yesed
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit R Flow Measurement Operations&Maintenance ®Records/Reports
Self-Monitoring Program ■Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
3C
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO066664 (11 12I 09/07/24 I17 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. Mr. McMinn took over operation of this facility ` .
on July 1, 2009.
The previous compliance evaluation inspection was conducted on May 14, 2008 by James Reid.
A review of the files indicates that the permit expires 11/30/2010. Please request a permit renewal 180
days prior to expiration.
Page# 2

AC0066664 Owner-Facility: Rugby Middle School
ate: 07/24/2009 Inspection Type: Compliance Evaluation
Yes No NA NE
klf 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
#Are there any special conditions for the permit? n ■ ❑ n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment: The permit will expire November 30, 2010.
Please request a permit renewal 180 days prior to expiration.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge, and other that are applicable?
Comment: Trevor McMinn, current operator, took over operation of this facility on July
1, 2009.
Mr. McMinn stated that a spare blower was found taken apart and not functional.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available,complete and current? ■ ❑ n n
Are all records maintained for 3 years(lab. reg. required 5 years)? n n ■ n
Are analytical results consistent with data reported on DMRs? n n n ■
Is the chain-of-custody complete? n n n ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration
Dates of analysis n
Name of person performing analyses
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ n n ❑
Has the facility submitted its annual compliance report to users and DWQ? ■ n n n
(If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n 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
Page# 3

Permit: NCO066664 Owner-Facility: Rugby Middle School \
Inspection Date: 07/24/2009 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n \
Is a copy of the current NPDES permit available on site? ■ n n
Facility has copy of previous year's Annual Report on file for review? n ■ n n
Comment: Mr. McMinn took over operation of this facility on July 1, 2009. He had a
copy of the current permit and his logbook, with entries beginning on July 1, 2009.
The Annual Report had been sent in by the previous contract operations firm but was
not available on site.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n ❑ n
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ ❑ n n
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 n
Is the DO level acceptable? n n n ■
n n n
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? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ n
Are weirs level? ® n n n
Is the site free of weir blockage? ® n n n
Is the site free of evidence of short-circuiting? ® ❑ n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational?
nn ■ n
Is the return rate acceptable(low turbulence)? ® n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) n n n ■ w
Comment:
Page# 4

NC0066664 Owner-Facility: Rugby Middle School
-,ate: 07/24/2009 Inspection Type: Compliance Evaluation
ection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? n n n ■
Is the contact chamber free of growth, or sludge buildup? E D ❑ n
Is there chlorine residual prior to de-chlorination? n n n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ n
Is storage appropriate for cylinders? ❑ n ■
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 2
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ n
Comment: Mr. McMinn stated he would use dye tablets to locate the outfall pipe.
Page# 5

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ND►ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.overly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
July 30, 2009
Tom Williamson
Ramble Biltmore Forest,LLC
One Town Square, Suite 330
Asheville,North Carolina 28803
Subject: 401 Water Quality Certification-Approval
The Ramble
DWQ Project#20041178 Version 3 #2
Buncombe County
French Broad/Dingle Creek/C/6-71
Dear Mr.Williamson:
The DWQ has completed the review of your 401 Water Quality Certification modification application associated with the
abject project listed above and shall replace the Certification issued May 29,2009.
This modified Approval is being granted to place fill within or otherwise impact 274 linear feet of streams for the purpose
of residential subdivision development at the subject property. This approval requires you to follow the conditions listed
in the Water Quality Certification#3705 (available at
http://h2o.enr.state.nc.tis/ncwetlands/rd wetlands certifications lttm)and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows you to use
Regional General Permit 29 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding.USACE General Permit Verification. In addition,you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including(but not limited to)Erosion and Sediment Control and storinwater regulations.
This approval is for the purpose and design that you described in your application. If you change your project,you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NorthCarol ina
An Equal Opportunity 1 Affirmative Action Employer
ahnally

Ramble Biltmore Forest,LLC
July 30,2009
Page 2 of 3
Amount Approved(Units) Plan Location or Reference
Stream 100 (feet) 1
Stream 20 (feet) 2
Stream 10 (feet) 3
Stream 40 (feet) 8
Stream 20 (feet) 9
Stream 20 (feet) 10
Stream 4 (feet) 18
Stream 20 (feet) Utility Crossing A(Temp)
Stream 20 (feet) Utility Crossing B (Temp)
Stream 20 (feet) Utility Crossin G M-. )
Additional Conditions
1. Compensatory Mitigation Using the Ecosystem Enhancement Program(EEP)
We understand that you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC
Ecosystem Enhancement Program(EEP)to meet this mitigation requirement. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check
(made payable to: DENR—Ecosystem Enhancement Program Office),no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at(919)716-1921 if you have any questions concerning
payment into the fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes,this Authorization Certificate authorizes payment into the NCDENR Wetlands Trust Fund to
meet the following compensatory mitigation requirement:
Compensatory Mitigation River and Sub-basin Number
Required
Stream 15 (linear feet) French Broad B2
2. No Direct Discharge of Stormwater
The Water Quality Certification Additional Conditions (issued August 5, 2004)for this project required
that"no direct discharge of concentrated stormwater shall be allowed from this project. All collected
stormwater must be treated and discharged via diffuse flow through vegetated buffers." An on-site
inspection from the Regional Office revealed that the roadside swales at crossing#18 had stormwater
drains to the surface waters below. Within 30 calendar days of the issuance of this Certification,you
must provide a plan and time line for implementation,which will bring this crossing into compliance
with the above condition.
3. Culvert Installation
The Water Quality Certification Additional Conditions(issued August 5,2004)for this project required that
"culverts required for this project shall be installed in such a manner that the original stream profiles are not
altered. Existing stream dimensions including the cross section dimensions,pattern,and longitudinal profile must
be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for
aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are, or
become perched the appropriate stream grade shall be re-established,or if the pipes installed in a perched manner
the pipes shall be removed and re-installed correctly. Culverts shall not be installed in such a manner that will
cause aggradation or erosion of the stream up or down stream of the culverts. Existing stream dimensions

_Ag the cross section dimensions pattern and longitudinal profile shall be maintained above and below
,ations of each culvert." An on-site inspection from the Regional Office revealed the following
• Crossing#1 (dual barrel culverts) is perched above the streambed at its discharge point.
• Crossing#2 (dual barrel culverts) is perched above the streambed at its discharge point.
• Crossing#3 is perched.
• Crossing 48 is perched at its discharge point.
All crossings within the development must be re-evaluated, documented(photographs with scale both above and
below)and a plan developed to bring all crossings into compliance with the above cited Certification condition.
This plan along with a time line for implementation shall be submitted within 30 calendar days of issuance with
this approval.
All mitigation and installation modifications shall be completed prior to September 30,2009. Violations of any condition
herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins,Director
CHS/khb
cc: USACE Asheville Regulatory Field Office—Electronic Copy
401 Permitting Unit—Central Office—Electronic Copy
David McHenry—NC Wildlife Resources Commission—Electronic Copy
File Copy
GAWPDATA\DEM WQ\Buncombe\401 s\041178verIRamble#2.approval.doe

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
Mr.Mike Pettyjohn,P.E.
Division Engineer
N.C.Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
NCSR 1328 (Playmore Beach Road)
DWQ Project No. 080372
TIP No.B-3624
Caldwell County
Dear Mr.Pettyjohn:
On July 29, 2009,I visually inspected the construction work at Bridge No. 190 at the Johns River in Caldwell
County. The erosion and sedimentation control structures,vegetative covering,mulching and matting appear
to be working properly.
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc:Heath Slaughter,Division 11,DEO
Neil Trivette,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Pettyjohn)B-3624 July 2009 Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 TOno
1�
Internet:www.ncwaterquality.org Of thCarollina
An Equal Opportunity 1 Affirmative Action Employer ;Vah `idly

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DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: July 29,2009
County: Caldwell Region: Asheville
DOT Division: Division 11
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: NW Permit#: IP#: 3481
Project Name: B-3624 Bridge Replacement
Location of Project: NCSR 1328 Smiles southwest of Lenoir,NC
Project Complete: []Yes X No If no, estimated date of completion:
Activities (DOT): Water Quality Concerns (DWQ):
X❑Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑Buffer Restoration ❑ Other
❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact: I
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation[]Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Johns River
Basin/Subbasin: CTB-030831
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA [—]CA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/101h acre X❑1/11"to 1/3rd acre
❑1/3rdto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑No
Compliance issues identified: ❑Yes ❑No
If yes, complete the section below:
Reviewed project site and sediment and erosion control devices. One bent has been
constructed on the side of the river and end bent was being constructed.
Sediment and erosion control structures appear to be installed and working properly.
Continue to maintain sediment and erosion control structures to protect state surface waters.

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30,2009
Mr.Mike Pettyjohn,P.E.
Division Engineer
N.C.Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
US Highway 321
DWQ Project No. 041246
TIP No.R-2237B
Caldwell County
Dear Mr. Pettyjohn:
On July 29,2009, I visually inspected the construction work on US Highway 321 in Caldwell County and the
project appeared to be in good shape. Construction work is mainly taking place at the northern and southern
ends of the project. The erosion and sedimentation control structures,vegetative covering,mulching and
matting appear to be working properly.
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio,P.E.
Heath Slaughter,Division 11,DEO
Neil Trivette,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Pettyjohn)US Highway 321 July 2009 Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Tone L, 7
Internet:www.ncwaterquality.org 1�O�/jhC/yat/r�ollina
An Equal Opportunity 1 Affirmative Action Employer A+�ht ail'ff

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DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: I June 29,2009
County: Caldwell Region: [Asheville 1
DOT Division: Division 11 —�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #:1 NW Permit#: IP#: 3481
Project Name: U S Highway 321 Widening
Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC
Project Complete: ❑Yes X No If no,estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
❑Bridge ❑ Steam Standards Violation
X❑ Culvert X❑Turbidity
❑Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑Buffer Restoration ❑ Other
❑Bank Stabilization
X❑ Other
Additional Wetland Impacts: ❑yes X❑no Estimated Acres
❑Zone 1 Est Acres 1 ❑ Zone 2 Est Acres —�
Additional Stream Impacts: ❑yes X❑no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): Rocky Cove Creek,Greenfield Branch,unnamed tributary to Puncheon
Camp Creek,unnamed tributary to Right Fork Mulberry Creek,
unnamed tributary to Left Fork Mulberry Creek
Basin/Subbasin: CTB-030831 Yadkin 030701
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I X❑WS-IV [—]SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre X❑1/1 Vh to 1/31d acre 0.16 acres
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑No
Compliance issues identified: ❑Yes [:]No
If yes, complete the section below:
Looked at entire project. Most work is taking place at the northern and southern ends of the
project. Some other minor fill and grading work is taking place along the rest of the project.
Roadway shoulders are being worked and permanently seeded.
We continue to have concerns about the southern part of the project. Steep slopes and
sediment could pose a problem if not properly controlled. This area should be watched
carefully and additional sediment and erosion measures may be required.
The boulders that have tumbled into Puncheon Camp Creek below the large fill area should
be removed.
Continue to maintain sediment and erosion control structures to protect state surface waters.

TIXA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
Mr.J. J. Swain,Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-NC Highway 19/19E
DWQ Project 08-0050
TIP No. B-4038
Burke County
Dear Mr. Swain:
On July 29, 2009 I inspected the construction work on the NC Highway 183 Bridge project in Burke County.
Construction is almost complete on the project. The new bridge has been completed and the old structure was
in the process of being demolished. The new bridge area appears to be in good condition;however,caution
should be used in the demolition of the old bridge,to keep concrete material and wastewater from the sawing
operation out of the Linville River.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as required to protect State surface waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
G% C;55 'g.e
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Roger Bryan, Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Swain)B-4038 Inspection Letter July 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One 7
Customer Service:1-877-623-6748 NOTt11CitT011Tla
Internet:www.ncwatemuality.org ��ltu'"R���
An Equal Opportunity 1 Affirmative Action Employer l

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DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: July 29,2009 —�
County: Buncombe Region: Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 20080050 NW Permit#: IP#: C—
Project Name: Bridge Replacement B-4038
Location of Project: NC Highway 183 1 mile northeast of the intersection of UD Highway 221 and NC
Highway 183
Project Complete: ❑Yes X No If no, estimated date of completion: —�
Activities(DOT): Water Quality Concerns (DWQ):
X❑ Bridge X❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile X❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other Fill
Additional Wetland Impacts: ❑ yes ❑ no Estimated Acres
❑ Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone l: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): UT to Linville River and Linville River
Basin/Subbasin: CTB 03-08-30
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: X❑Class B ❑303d Listed X❑WS-II ❑WS-V ❑SB
❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10th acre X❑1/I lth to 1/3`d acre
X❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments: 160 linear ft. of stream impacts.
Construction on new bridge has been completed and demolition of the old bridge is underway.
Caution should be used in the demolition of the old bridge structure to keep concrete, steel and
wastewater from the sawing operation, out of the Linville River.
The sediment and erosion control structures appear to be working properly.
Continue to ensure that the sediment and erosion control structures are maintained properly,to help
protect the State's surface waters.
July 2009 Inspection NC Highway 183

Aja
NCD►ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
'Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
Mr. Jack Robertson
Henderson County Board Of Education
414 4th Avenue West
Hendersonville, North Carolina 28739
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
West Henderson High School WWTP
Permit No: NCO066681
Henderson County
Dear Mr. Robertson:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on July 24, 2009, The facility appeared to be in compliance
with permit NC0066681. As was noted in the inspection report, the sand filter beds were
found to be neglected; tall vegetation and trenches were observed in the sand. Mr.
Trevor McMinn took over operation of this facility July 1, 2009, and has made good
progress in cleaning out the sand beds and leveling the sand. He is doing a fine job of
operating and maintaining 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,
J t Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files w/ attachment
DWQ Central Files w/attachment
Trevor McMinn/ ORC w/ attachment
G:\WPDATA\DEMMHenderson\66681 West Henderson High School\66681 CEI 09.doc
41.1
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Nol'thCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �Q�ulq �
Internet:www.ncwaterguality.orp [L

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 2 151 31 N00066681 111 121 09/07/24 117 181C1 191SI 201
Remarks
21111111IIIII11IIII111l _lll111 , � � � � � � 111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
671 169 701 1 711 1 721 N I 73'u_1 174 751 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)
West Henderson High School
10:25 AM 09/07/24 06/01/01
3600 Haywood Rd Exit Time/Date Permit Expiration Date
Hendersonville NC 28791 11:15 AM 09/07/24 10/11/30
Name(s)of Onsite Representative(s)[fitles(s)/Phone and Fax Number(s) Other Facility Data
[Name,Address of Responsible Official Title/Phone and Fax Number
ack Robertson,414 4th Ave W Hendersonville NC 28739//828-692-4992/YeSted
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Flow Measurement ®Operations& Maintenance ®Records/Reports
Self-Monitoring Program .Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
.nt Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
ignature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO066681 I11 12I 09/07/24 I17 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. Mr. McMinn took over operation of this facility \`
on July 1, 2009.
When Mr. McMinn took over the operation of this facility the sand filter beds were overgrown and
trenches had been dug throughout the sand. Mr. McMinn has been dilligent in cleaning out the sand filter
beds, leveling the sand and maintaining the facility.
Though school is out for the summer and flows are low, Mr. McMinn stated the effluent has been clear
and samples have been good.
The previous compliance evaluation inspection was conducted on May 14, 2008 by James Reid.
A review of the files indicates that the permit expires 11/30/2010. Please request a permit renewal 180
days prior to expiration.
r
Page# 2

4C0066681 Owner-Facility: West Henderson High School
.ce: 07/24/2009 Inspection Type: Compliance Evaluation
Yes No NA NE
kif the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ® n 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? ■ D 0 n
Comment: The permit will expire November 30, 2010.
Please request a permit renewal 180 days prior to expiration.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ n
Judge, and other that are applicable?
Comment: When Mr. McMinn, the current ORC, took over the operation of this facility
on July 1, 2009, the sand filter beds were overgrown with weeds and there was
evidence of many trenches being cut through the sand beds. Grass surrounding the
beds had also not been mowed.
Mr. McMinn has made good progress in cleaning out the sand filter beds and leveling
the trenches in the sand. The grass has been mowed.
A broken distribution pipe has been repaired.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n ❑ n
Is all required information readily available,complete and current? ■ n n n
Are all records maintained for 3 years(lab. reg. required 5 years)? n n ❑ ■
Are analytical results consistent with data reported on DMRs? i_1 171 n ■
Is the chain-of-custody complete? n n n ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration f1
Dates of analysis 171
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ ❑ D n
las the facility submitted its annual compliance report to users and DWQ? ■ 0 n n
(If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■
Page# 3

Permit: NCO066681 Owner-Facility: West Henderson High School
Inspection Date: 07/24/2009 Inspection Type: Compliance Evaluation
Yes No NA NE
Record Keeping
■ DDD
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n n
Is the backup operator certified at one grade less or greater than the facility classification? ■ D D D
Is a copy of the current NPDES permit available on site?
■ nnn
Facility has copy of previous year's Annual Report on file for review? n ■ n n
Comment: Though the previous contract operator sent in the 2008 Annual Report, it
was not available at the facility.
Mr. McMinn did have a copy of the full permit along with his logbook (which began with
July 1, 2009).
Yes No NA NE
Septic Tank
(If pumps are used) Is an audible and visual alarm operational? In D D ■
Is septic tank pumped on a schedule? D D D
■
Are pumps or syphons operating properly? DDD
Are high and low water alarms operating properly? ❑ n ❑ ■
Comment: Mr. McMinn stated that all pumps and alarms are operating properly. �-
Yes No NA NE
Sand Filters (Low rate)
(If pumps are used) Is an audible and visible alarm Present and operational?
■ Dn ❑
Is the distribution box level and watertight? ■ n n n
Is sand filter free of ponding? ■ D D D
Is the sand filter effluent re-circulated at a valid ratio? n ❑ ■ ❑
#Is the sand filter surface free of algae or excessive vegetation? n ■ n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ ❑
Comment: Mr. McMinn has finished cleaning out most of the vegetation from the two
sand filter beds; one remaining section of one bed will be finished soon.
A broken distribution pipe has been repaired.
Yes No NA NE
Disinfection-Tablet
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ D D D
2
Number of tubes in use?
Is the level of chlorine residual acceptable? ■ n Cl n
Is the contact chamber free of growth, or sludge buildup?
■ nnD
Is there chlorine residual prior to de-chlorination? ® D D D
Page# 4

_:NC0066681 Owner-Facility: West Henderson High School
Jate: 07/24/2009 Inspection Type: Compliance Evaluation
.itection-Tablet Yes No NA NE
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ® D D D
Is storage appropriate for cylinders? D D ■ D
#Is de-chlorination substance stored away from chlorine containers? ■ D D D
Comment:
Are the tablets the proper size and type? ■ D 0 D
Are tablet de-chlorinators operational? ■ ❑ ❑ D
Number of tubes in use? 2
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ D ❑ D
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? D D ■ D
Comment:
Page# 5

�\
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KMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 31, 2009
Mr. James C. Woodham
Resources Planning Corporation
PO Box 1298
Cashiers, NC 28717
SUBJECT: Compliance Evaluation Inspection
Cedar Hill Development WWTP
Permit number: NCO068918
Jackson County
Dear Mr. Woodham:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on July 29, 2009. The facility was found to be in compliance with permit
NC0068918.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
z
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
email: Bob Barr @ www.rpbsystems.com
Mike Beck @ fbnracingK�D-yahoo.com
NorthCarolina
Naturalljl
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterauality.org FAX[phone]
L`9

United States Environmental Protection Agency Form Approved.
-rJQ 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 N00068918 111 121 09/07/29 117 181 CI 191 SI 201 I
2,11111111 1 1 1 1 1 1 1 1 1 1 1 1 Remarks HII I I I I I I I I I I I I IIIIIIIilll6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------—----Reserved---------------------
67I 1.0 169 70131 711 I 721 NI 71 ' 174 751 I I I I I I 180
Section B: Facility Data �t_1
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)
Cedar Hill WWTP
10:20 AM 09/07/29 07/11/01
Cedar Hill Development Exit Time/Date Permit Expiration Date
Cashiers NC 28717 10:50 AM 09/07/29 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Michael Dwayne Beck/ORC/828-545-7724/
Name,Address of Responsible Official/Title/Phone and Fax Number
James C Woodham,PO Box 1298 Contacted
3 �6s Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Operations&Maintenance M Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
>� 3 �I�vc�
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/molday Inspection Type (cont-.,,
3I NCO068918 I11 12I 09/07/29 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
INSPECTION:
The certified, contract operator from RPB Systems, Michael Beck, assisted in the inspection.
The manager of Cedar Hill Development, James Woodham, was also present during the inspection.
COLLECTION SYSTEM:
Currently, there are two collection system lift stations installed.
One has with two connections, the other one doesn't have any.
The one in use is equipped with telemetry.
The collection system is considered deemed permitted and complies with the 2T regulations.
TREATMENT UNITS/PROCESS CONTROL TESTING:
The activated sludge aeration basin process control data was as follows:
Settleable Solids = <1%
Note: Currently, only two homes are contributing to the wastewater flow.
PERMIT/ RECORDS/ REPORTS:
A review of the files indicates that the last compliance evaluation inspection was conducted on
9-26-2007 by Janet Cantwell.
The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed, as a reminder.
The 2008 Annual Performance Report has been filed for the year and was received on 2-26-2009.
The log book was present on-site and had good notation of daily events.
OPERATIONS/MAINTENANCE/SUMMARY:
This facility appears to be well operated and maintained.
The operator was on-site during the inspection and is doing an excellent job.
EFFLUENT:
The effluent appeared to be clear, indicating compliance with permit limits.
Page# 2

Permit: NC0068918 Owner-Facility: Cedar Hill VWVfP
ection Date: 07/29/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ❑ ■ ❑ ❑
#Are there any special conditions for the permit? n ■ fl ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ 0
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: Everything is correct, except: "diesel' powered standby generator. The
generator is propane powered.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ 0 ❑ ❑
Is the screen free of excessive debris? ■ ❑ ❑ ❑
Is disposal of screening in compliance? ■ ❑ ❑ ❑
Is the unit in good condition? ■ ❑ ❑ ❑
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ 0 Q
Is the basin free of bypass lines or structures to the natural environment? ■ 0 0 ❑
Is the basin free of excessive grease? ■ ❑ 0 ❑
Are all pumps present? ■ ❑ ❑ ❑
Are all pumps operable? ® ❑ ❑ ❑
Are float controls operable? ■ ❑ n ❑
Are audible and visual alarms operable? ■ 0 Q ❑
#Is basin size/volume adequate? ■ ❑ ❑ El
Comment:
Aeration Basins Yes No NA. NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ f I n n
Page# 3

Permit: NCO068918 Owner-Facility: Cedar Hill WI/VfP
Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are surface aerators and mixers operational? n n ■ ❑
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n In n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n 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 In n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? ■ n n n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ Cl 00
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
Yes No NA NE
De-chlorination
Type of system? Tablet
Page# 4

Permit: NC0068918 Owner-Facility: Cedar Hill WWfP
section Date: 07/29/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Is the feed ratio proportional to chlorine amount(1 to 1)? Cl ❑ ■ ❑
Is storage appropriate for cylinders? n n ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ n n
Comment:
Are the tablets the proper size and type? ■ In n n
Are tablet de-chlorinators operational? ■ n n ❑
Number of tubes in use? 4
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ n ■ ❑
Comment:
Pump Station -Effluent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ■ ❑ n ❑
Are all pumps present? ■ ❑ ❑ ❑
Are all pumps operable? ■ n ❑ n
Are float controls operable? ■ n n ❑
Is SCADA telemetry available and operational? ■ n n n
Is audible and visual alarm available and operational? ■ n n n
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ■ In ❑ ❑
Is the generator tested under load? ■ ❑ ❑ ❑
Was generator tested&operational during the inspection? n ■ n n
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n
Is the generator fuel level monitored? ■ (=1 ❑ n
Page# 5

Permit: NCO068918 Owner-Facility: Cedar Hill VWVTP
Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation
Standby Power Yes No NA NE
Comment: The generator self-tests every Thursday. In addition, the ORC tests the
generator regularly. The generator is propane powered. It runs the wastewater
treatment equipment only, not the water system.
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge, and other that are applicable?
Comment: The operator does an excellent job of monitoring the process, operations
& maintenance, as well as, documenting daily events.
Page# 6

— — - Ir
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 31, 2009
Mr. Bud Smith, President
Wade Hampton Property Owners' Association
PO Box 2286
Cashiers, NC 28717
SUBJECT: Compliance Evaluation Inspection
Wade Hampton Golf Club WWTP
Permit No: NCO062553
Jackson County
Dear Mr. Smith:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on July 29, 2009. The facility was found to be in compliance with permit
NC0062553.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
email: Bob Barr @ www.rpbsystems.com
Mike Beck @ fbnracing87(d-)yah6o.com
NorthCarolina
�atura!!�
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX[phone]
ti�

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United States Environmental Protection Agency
Form Approved.
-i A 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 IN 1 2 15I 11 NCO062553 111 121 09/07/29 117 181 CI 19I SI 20III
21( iIIIIIIIIIIIIIIIIIIIII Remarks
IIIIIIIIIIIIIIIIll1111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------
67 I 1.0 169 70131 71 I I 72I N I 73I I 174 751 I I I I I I 180
Section B: Facility Data �u
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Wade Hampton Golf Club WWTP 11:00 PM 09/07/29 07/10/01
NC Hwy 107 Exit Time/Date Permit Expiration Date
Cashiers NC 28717 11:45 PM 09/07/29 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Michael Dwayne Beck/ORC/828-545-7724/
Name,Address of Responsible Official/Title/Phone and Fax Number
Bud Smith,PO Box 2286 Cashiers NC 28717//828-743-9895/ Contacted
Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Operations&Maintenance 0 Records/Reports Facility Site.Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Si nature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
�a ,�, o ? 09
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. l l
Page# 1

NPDES yr/molday Inspection Type (Co�:,
3I NCO062553 I11 ,2I 09/07/29 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
PREVIOUS INSPECTION(S):
During the 11-18-2005 inspection, it was noted that the influent bar screen condition was
corroded.
It currently appears that the bar screen rack is in good condition. However, the influent flow
box is corroded and nearly rusted through. The communitor has been removed. The plate that
separated the comminutor and the bar screen has corroded and nearly rusted through.
It is recommended that the removal of this plate and insertion of a bar screen rack across the
entire cross sectional area of the influent chamber/box be done, when the box is refurbished.
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-12-2006 by Janet Cantwell
CURRENT INSPECTION:
The certified, contract operator from RPB Systems, Michael Beck, assisted in the inspection.
The President of the Property Homeowners'Association, Bud Smith, was also present during the
inspection.
COLLECTION SYSTEM:
There are approximately 125 homes and a golf club house (no restaurant) connected to the system.
Currently, there are 9 lift stations.
The collection system is considered deemed permitted and appears to be in compliance with the 2T
regulations.
A notebook containing all of the required information was on-site and well organized.
TREATMENT UNITS/PROCESS CONTROL TESTING:
The activated sludge aeration basin process control data was as follows:
Settleable Solids = 610 ml/I = 61%
PERMIT/RECORDS/REPORTS:
The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The Annual Performance Report covering the fiscal year July 1, 2007 to June 30, 2008,was filed
for the year and was received on October 16, 2008.
Page# 2

Permit: NCO062553 Owner-Facility: Wade Hampton Golf Club WWTP
.action Date: 07/29/2009 Inspection Type: Compliance Evaluation
The next Annual Performance Report (covering July 1, 2008 to June 30, 2009) is due no later than
60 days of the end of the reporting period.
The log book was present on-site and had good notation of daily events.
OPERATIONS/MAINTENANCE/SUMMARY:
This facility appears to be well operated and maintained.
The operator is doing an excellent job.
EFFLUENT:
The effluent appeared to be clear, indicating compliance with permit limits.
Page# 3

Permit: NCO062553 Owner-Facility: Wade Hampton Golf Club WWTP
Inspection Date: 07/29/2009 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? n ■ nn
#Are there any special conditions for the permit?
n ■ nn
■
Is access to the plant site restricted to the general public? nnn
Is the inspector granted access to all areas for inspection?
■ nnn
Comment: Description should read: 0.125 MGD WWTP with manual bar screen;
100,000 gallon aeration basin; 20,500 gallon clarifier with sludge return; 14,900 gallon
aerobic digestor; dual blowers, with 225 cfm each; tablet chlorinator; chlorine contact
chamber; tablet dechlorinator; dechlorination chamber; and recording &totalizer flow
meter.
Yes No NA NE
Bar Screens
Type of bar screen
■
a.Manual
n_
b.Mechanical
nn
Are the bars adequately screening debris? ■ n
■ nnn
Is the screen free of excessive debris?
■ nn .
Is disposal of screening in compliance? n
n ■ nn
Is the unit in good condition?
Comment: The bar screen rack is in good condition. However, the flow box is
corroded and nearly rusted through. The communitor has been removed. The plate
that separated the comminutor and the bar screen has corroded and nearly rusted
through. Recommend removing this plate and inserting a bar screen rack across the
entire area of the influent chamber.
Yes No NA NE
Aeration Basins
Ext.Air
Mode of operation
Diffused
Type of aeration system
■ nnn
Is the basin free of dead spots?
Are surface aerators and mixers operational?
nn ■ n
■
Are the diffusers operational? nnn
■ nnn
Is the foam the proper color for the treatment process?
■
Does the foam cover less than 25%of the basin's surface? nnn
■ nnn
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ Q Q
Page# 4

rermit: NCO062553 Owner-Facility: Wade Hampton Golf Club WWrP
.etion Date: 07/29/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment: There were strong odors emitting from the VW TP, probably from old
sludge that had accumulated during operations from the previous contractor. During the
first of May, ASB settleability results were in excess of 98%. Numerous loads of excess
- solids have been removed from the plant in an effort to optimize operations and restore
normal pH levels in the ASB. Soda ash was added to raise the pH from —4 (in May) to
6.8 (now). The settleable solids currently run —600 ml/I (60%). The blowers are
operated 3 hours on and 1 hour off, to maintain sufficient DO levels.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? n ■ n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n ❑ n
Are weirs level?
■ nnn
Is the site free of weir blockage? ® n n n
Is the site free of evidence of short-circuiting? ■ n Cl n
Is scum removal adequate? ® n n n
Is the site free of excessive floating sludge? ■ n Cl n
Is the drive unit operational? ■ n n n
Is the return rate acceptable(low turbulence)? ■ D n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n (=1 n
Comment: See comments (above) regarding odor.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ® n n n
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 n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
Page# 5

Permit: NC0062553 Owner-Facility: Wade Hampton Golf Club WWTP
Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation
Yes No NA NE
De-chlorination
#Is de-chlorination substance stored away from chlorine containers? ■ Q O ❑
Comment:
Are the tablets the proper size and type? ■
Are tablet de-chlorinators operational? ■ nnn
4
Number of tubes in use?
Comment:
Yes No NA NE
Effluent Pipe
Is right of way to the outfall properly maintained? ■ Cl ❑ n
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ 0 n
If effluent (diffuser pipes are required) are they operating properly? a ❑ ■ fl
Comment:
Yes No NA NE
Operations & Maintenance
■ nnn
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH,DO,Sludge ■ (_l Q n
Judge,and other that are applicable?
Comment: The operator does an excellent job of monitoring the process, operations &
maintenance, as well as, documenting daily events.
Page# 6

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 31, 2009
Mr. Freddie Boan, General Manager
of Community Associations
Trillium Links & Village LLC
One Trillium Center
Cashiers, NC 28717
SUBJECT: Compliance Evaluation Inspection
Trillium Links &Village WWTP
Permit number: NCO059200
Jackson County
Dear Mr. Boan:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on July 29, 2009. The facility was found to be in compliance with permit
NC0059200.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Enclosure Environmental Specialist
xc: Central Files
Asheville Files
email: Bob Barr @ www.rpbsystems.com
Mike Beck @ fbn racing 87(D-yahoo.com
NoZhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterauality.org FAX[phone]

\\
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United States Environmental Protection Agency
/� Washington,D.C.20460 Form Approved.
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 Nl 2 I sl 31 N00059200 111 121 09/07/29 i 17 181 cl 191 sl 20I
2111111111IIIIIIII IIIIIII Remarks IIIII IIIIIIII111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------
67I 1.0 169 70131 71 I I 721 NI 73' I 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)
Trillium Links & village LLC 01:00 PM 09/07/29 07/11/01
NCSR 1145 Exit Time/Date Permit Expiration Date
Cashiers NC 28717
01:30 PM 09/07/29 12/10/31
Name(s)of Onsite Representative(s)rTities(s)/Phone and Fax Number(s) Other Facility Data
Michael Dwayne Beck/ORC/828-545-7724/
Name,Address of Responsible Official/Title/Phone and Fax Number
Dewayne Calven Ward,PO Box 2644 Cashiers NC Contacted
28717//828-743-5886/8287430687 Yes
Section C: Areas Evaluated During Inspection(Check only those areas evacuated)
Permit ®Operations&Maintenance 0 Records/Reports ®Facility Site Review
Effluent/Receiving Waters -
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P/F�razier ARO WQ//828-296-4500 Ext.4662/
1 l
Sin a of Management Q A Reviewer 9 9 Agency/Office/Phone and Fax Numbers Date
6 (3D ��9
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (con'��
3I NC0059200 I11 12I 09/07/29 I17 181CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
PREVIOUS INSPECTION(S):
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-12-2006 by Janet Cantwell.
CURRENT INSPECTION:
The certified, contract operator from RPB Systems, Michael Beck, assisted in the inspection.
The General Manager of the Community Associations, Freddie Boan,was also present during the
inspection.
COLLECTION SYSTEM:
There are approximately 100 to 125 homes connected to the collection system.
There are five lift stations (no telemetry).
Daily visits (7 days per week) are made by Rick Parsons.
The collection system is considered deemed permitted and appears to be in compliance with the
2T regulations.
A notebook containing all of the required information was on-site and well organized.
TREATMENT UNITS/PROCESS CONTROL TESTING:
The activated sludge aeration basins process control data were as follows:
Settleable Solids = 380 and 400 ml/I = 38% and 40%
PERMIT/RECORDS/ REPORTS:
The permit expires on 10-31-2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The 2008 Annual Performance Report was filed for the year and received on February 26, 2009.
The log book was present on-site and had good notation of daily events.
OPERATIONS/MAINTENANCE/ SUMMARY:
This facility appears to be well operated and maintained.
The operator is doing an excellent job.
EFFLUENT: The effluent appeared to be clear, indicating compliance with permit limits.
Page# 2

Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC
-ction Date: 07/29/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? D ■ D D
#Are there any special conditions for the permit? D ■ D D
Is access to the plant site restricted to the general public? ■ D D ❑
Is the inspector granted access to all areas for inspection? ■ D ❑ D
Comment: Description should read: 0.040 MGD extended aeration WWTP with:
manual bar screen; 20,000 gallon flow equalization with flow splitter box; dual train
aeration basins &clarifiers with sludge returns; 7,400 gallon aerobic digestor; dual
media (sand & anthracite) tertiary filter system; tablet chlorinator; chlorine contact
chamber; tablet dechlorinator; dechlorination chamber; sonic flow measurement; post
aeration; and two propane powered standby generators.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ D D D
Is the screen free of excessive debris? ■ D D D
Is disposal of screening in compliance? D D
Is the unit in good condition? ■ D D ❑
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ D ❑
Is the basin free of bypass lines or structures to the natural environment? ■ D D D
Is the basin free of excessive grease? O D D D
Are all pumps present? ■ D ❑ D
Are all pumps operable? ■ D ❑ D
Are float controls operable? ■ D D D
Are audible and visual alarms operable? ■ ❑ ❑ D
#Is basin size/volume adequate? ■ ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Page# 3

Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC
Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation
Yes No NA NE �
Aeration Basins
Diffused
Type of aeration system
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■ n
■ n
Are the diffusers operational? nn
Is the foam the proper color for the treatment process?
■ nnn
Does the foam cover less than 25%of the basin's surface? ■ Cl n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment:
Yes No NA NE
Secondary Clarifier
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier?
nn ■ n
■ nnn
Are weirs level?
Is the site free of weir blockage? ■ n ❑ n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? nnn
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n n Cl
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n
Comment:
Yes No NA NE
Sand Filters (Low rate)
nn
■
(If pumps are used) Is an audible and visible alarm Present and operational? n
Is the distribution box level and watertight? n n ■ n
Is sand filter free of ponding? n n ■ n
Is the sand filter effluent re-circulated at a valid ratio? n n ■ n
#Is the sand filter surface free of algae or excessive vegetation?
nn ■ n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n
Page# 4

Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC
,.ection Date: 07/29/2009 Inspection Type: Compliance Evaluation
Sand Filters (Low rate) Yes No NA NE
Comment: This is a dual media (sand and anthracite) tertiary filter system. The sand
was replaced -two years ago. It is budgeted/scheduled to be replaced every two
years.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ ❑ ❑
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑
Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ■ ❑ ❑
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ f_1 ■ o
Is storage appropriate for cylinders? ❑ ❑ no
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? ■ ❑ l_'l
Are tablet de-chlorinators operational? ■ ❑ ❑ ❑
Number of tubes in use? 4
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ® ❑ ❑ ❑
Is the generator tested by interrupting primary power source? ■ (_'I
Is the generator tested under load? ■ ❑ ❑ ❑
Was generator tested&operational during the inspection? ❑ ■ ❑ ❑
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ 0 13
Is the generator fuel level monitored? ■ ❑ ❑ ❑
Comment: There are two propane powered generators and a propane tank on-site.
One self-tests on Wednesdays and one on Thursdays.
Page# 5

Permit: NCO059200 owner-Facility: Trillium Links&Village LLC
Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation .
Yes No NA NE
Effluent Pipe
Is right of way to the outfall properly maintained? ❑ ❑ n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? 0000
Comment:
Yes No NA NE
Operations&Maintenance
Is the plant generally clean with acceptable housekeeping? ❑ n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ n ❑
Judge,and other that are applicable?
Comment: The operator does an excellent job of monitoring the process, operations &
maintenance, as well as, documenting daily events.
Page# 6

17 XI?
N A
■ \C®FNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director
Secretary
July 31, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9364
Mr. Doyle Freeman,Director
Henderson County Utilities
235 St. John Road
Unit F
Fletcher,North Carolina 28732
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086070
Henderson County Utilities
Western Justice Academy WWTP
Case No. LV-2009-0267
Henderson County
Dear Mr. Freeman:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$550.00
($550.00 civil penalty+ enforcement costs) against Henderson County Utilities.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Henderson County Utilities for the month of May 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086070. The violations which occurred in
May 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson County Utilities violated
the terms, conditions or requirements of NPDES PermitNCO086070 and G.S. 143-215.l(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, l,Roger C. Edwards,Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Henderson County Utilities:
Im orthCarolina One
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.ong

A
I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Perm1'L ,
$250.00 NC0086070, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0086070,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
$550.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$615.00 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

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings: ,
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
�7&
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
Trevor McMinn/ ORC w/attachments
Justice Ac-ademy'\.36070[...-V-2009-026?.doc

JUSTIFICATION FOR REMISSION REQUEST
✓Q Case Number: LV-2009-0267 County: Henderson
Assessed Party: Henderson County Utilities/Western Justice Academy
Permit No.: NCO086070 Amount Assessed: $615.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance)..
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIku"
AND NATURAL RESOURCE
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HENDERSON COUNTY UTILITIES/ )
WESTERN JUSTICE ACADEMY )
PERMIT NO.NCO086070 ) FILE NO. LV-2009-0267
Having been assessed civil penalties totaling $615.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 31,2009,the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

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NCUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 31, 2009
Mr. Lynn Johnson, President
Brookside Village Association
c/o Paramount Property Management
P.O. Box 59
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0129
Permit No. NCO083313
Brookside Village WWTP
Dear Mr. Johnson: Henderson County
A review of Brookside Village WWTP's monitoring report for May 2009 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week of 5/09/2009 Twice Weekly Failure to Monitor
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 at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
G:\VVPDATA!.DEfi9N,OlHendersoni83313 Brookside Viliage183313 NOV-200940V-0129.doc NorthCarolina
--M Nirtlrra!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service Internet: www.ncwaterouality org FAX [phone] 1-877-623-6748

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