DWR SWP Read File Archive July 2010

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 1, 2010
Monte L Wall
City of Lenoir
PO Box 958
Lenoir NC 28645-0958
SUBJECT: Bioassay Compliance Inspection
Gunpowder Creek WWTP
Permit No: NCO023736
Caldwell County
Dear Mr. Wall:
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
June 15, 2010. Test results for the samples indicate that the effluent would not be
predicated to have water quality impacts on receiving water. The facility appeared to be in
Compliance with permit NC0023736.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff zel
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One
NorthCarolina
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwatergualitv.org Naturally
S:\SWP\Caldwell\Wastewater\Municipal\Gunpowder Creek 23736\23736 BCI 6-15-20101.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 1, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 7987
Mr. Nathan D. Benson
Benson Apartments
P.O. Box 1090
Mountain Home,North Carolina 28758
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 NCO066362
Benson Apartments WWTP
Benson Apartments
Case No. LV-2010-0207
Henderson County
Dear Mr. Benson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$504.50
($437.50 civil penalty+ $67.00 enforcement costs) against Benson Apartments.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Benson Apartments for the month of March 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0066362. The violations which occurred in
March 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Benson Apartments violated the
terms, conditions or requirements of NPDES Permit NCO066362 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 Benson Apartments:
None
fthCarohna
Naturalltf
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

I of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No'.'
$125.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Conc.
$437.50 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$504.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
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 o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative

_g and a stipulation and agreement that no factual or legal issues are in dispute. Please
,.;pare 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 petition maybe filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 J
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
'S Y'11`11k n 3c.nsonAparnncnt

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0207 County: Henderson
Assessed Party: Benson Apartments
Permit No: NC0066362 Amount Assessed: $504.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONIVi-
AND NATURAL RESOURCES
COUNTY OF HENDERSON
A
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BENSON APARTMENTS )
PERMIT NO. NCO066362 ) FILE NO. LV-2010-0207
Having been assessed civil penalties totaling $504.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 1, 2010, 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
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 2, 2010
Charles Walker
Entitlement Preservation Group
14460 New Falls of Neuse Road
Suite 149-191
Raleigh,NC 27614
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Highlands of Lake Lure Phase IV
NOV-2008-OP-0061
Rutherford County
Dear Mr. Walker:
The Division of Water Quality has received correspondence from ClearWater Environmental
Consultants, Inc. dated June 21, 2010, in response to the NOV noted above. The proposal includes
the removal of sediment from an unnamed tributary to the Broad River(Lake Lure) and a cove
within the lake.
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan,as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: Clement Riddle—CEC, Inc.
Clint Calhoun—Town of Lake Lure
ARO File Copy
S:\S WP\Rutherford\Complaints\HighlandsOfLakeLure\APRVL.7.1.10.doe
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 �aturallt�
Intemet: www,ncwaterquality.org
An Equal Opportunity;Affirmative Action Employer

4
NGDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 1, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8007
Mr. William I. Young
P.O. Box 250
Micaville,North Carolina 28755-0250
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO088803
William I. Young, Owner
Silver Bullet Convenience Store WWTP
Case No. LV-2010-0209
Yancey County
Dear Mr. Young:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$317.00
($250.00 civil penalty+ $67.00 enforcement costs) against William I. Young.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by William I. Young for the month of March 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0088803. The violations which occurred in
March 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that William I. Young violated the terms,
conditions or requirements of NPDES Permit NCO088803 and G.S. 143-215.l(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against William I. Young:
One
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.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0088803, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0088803, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD Conc.
$250.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$317.00 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

Ag and a stipulation and agreement that no factual or legal issues are in dispute. Please
.,Lepare 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 petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
-' within seven (7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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,
47: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
•BiterNtli;t Sf�1.:`1_l'-''t�i(�_tt�'ti«_dt�c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0209 County: Yancey
Assessed Party: William I. Young/ Silver Bullet WWTP
Permit No.: NC0088803 Amount Assessed: $317.00
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 ENVIRONMh_
AND NATURAL RESOURCES
COUNTY OF YANCEY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
WILLIAM I. YOUNG/ SILVER BULLET )
PERMIT NO. NCO088803 ) FILE NO. LV-2010-0209
Having been assessed civil penalties totaling $317.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 1, 2010, 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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NCDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 2, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8014
Mr. Dennis J. Whitson, Owner
3800 Sugarhill 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 NCO079481
Dennis J. Whitson
Harmony Estates WWTP
Case No. LV-2010-0211
McDowell County
Dear Mr. Whitson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$167.00
($100.00 civil penalty+ $67.00 enforcement costs) against Dennis J. Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Dennis J. Whitson for the month of February 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0079481. The violations which occurred in
February 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the
terms, conditions or requirements of NPDES Permit NCO079481 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 Dennis J. Whitson:
NorthCarolina
;Vaturallry
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

0 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No ' ..
$.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NCO079481, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0079481, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$100.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$167.00 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)

cd or the accuracy of any of the factual statements contained in the civil penalty
,essment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should contact

the Office of Administrative Hearings with all questions regarding the filing fee and/or the defer.,
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings `
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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
Water Tech Labs/ORC w/attachments
S V"W,i'.MCDmo QI aliu«rs':I Lamm y Leswtcs 794q I`•.N-2010-021I.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0211 County: McDowell
Assessed Party: Dennis J. Whitson/Harmony Estates
Permit No: NC0079481 Amount Assessed: $167.00
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 ENVIRONM
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
DENNIS J. WHITSON/HARMONY ESTATES )
PERMIT NO. NCO079481 ) FILE NO. LV-2010-0211
Having been assessed civil penalties totaling $167.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 2, 2010, 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
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 6, 2010
Mr. Joe Cline, Tuckaseigee Water and Sewer Authority
1246 West Main St.
Sylva,NC 28779
SUBJECT: Sediment Removal Plan Approval
Rhodes Cove Sanitary Sewer Rehabilitation
[Ref. DLR Project ID: JACKS-2009-009]
Jackson County
Dear Mr. Cline:
The Division of Water Quality (Division)has received correspondence from Fish and Wildlife
Associates, Inc., in response to the Notice of Violation submitted by the Division of Land
Resources.
The report regarding sediment removal was well written and the areas of impact were well
documented. The remedial actions presented in the response have been found satisfactory and are
approved.
The Division recommends that the roads be paved as soon as possible. It is likely that the
gravel/exposed areas may continue to contribute sediment to the tributary to Cope Creek if not
repaved or stabilized. The Division of Water Quality defers to the Division of Land Resources
regarding the Trout Buffer issue.
Activities involved in this approved plan, as well as submittal of the final report upon removal of
sediment, are to be completed within thirty (30) days of this approval letter.
Si rely,?
Susan A. Wilson, P.E., Environmental Engineer
Surface Water Protection
cc: ARO File Copy
Jackson County Planning/Robert Shelton
DLR/ARO/ Darlene Kucken
Fish and Wildlife Associates, Inc./Charles Lawson
P.O. Box 241, Whittier,NC 28789
S:\SWP\Jackson\Complaints\Rhodes Cove sewer project-TWASA\Rhodes Cove SedimentRemoval APPROVE 7 2010.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 Naturally
www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

e�
FqCDENR*
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 6, 2010
Ms. Annette Tarnawasky, Registered Agent
Sequoyah National Golf Club, LLC
P.O. Box 455
Cherokee,NC 28719
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-PC-0208
Incident Closure
Jackson County
Dear Ms. Tarnawasky:
The Division of Water Quality (DWQ) has received the Sequoyah National Golf Course Sediment
Removal Final Report from Wetland & Ecological Consultants, LLC, related to the Notice of
Violation and Recommendation for Enforcement,NOV-2010-PC-0208.
DWQ has reviewed the information provided and conducted a follow-up site visit to the golf course
on June 24, 2010. The written response and the sediment removal observed at the site have
satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation
for Enforcement. DWQ did discuss with Jason Morrell and Jeremy Boone the need for re-seeding
to stabilize bare areas along Tributary 1.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact me at(828) 296-
4500 or [e-mail].
Sincerely,
w
Susan A. Wilson, P.E.
Environmental Engineer
Surface Water Protection Section
cc: ARO File Copy
DWQ Central Files
Jason Morrell, Wetland & Ecological Consultants, Inc.
Robert Shelton, Jackson County Planning
ARO File Copy
SASWP\Jackson\Stormvvater\NCG0l Construction\Sequoyah Natl Golf Course\NOV Closure Sequoyah.?2010.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOI thCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.newaterquality.org Naturally
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
July 6, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 7994
Ms. Marlene L. Able
Midway Medical Center
P.O. Box 1409
Canton,North Carolina 28716
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 NCO022454
Midway Medical Center WWTP
Midway Medical Center-Canton
Case No. LV-2010-0208
Haywood County
Dear Ms. Able:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($200.00 civil penalty + $67.00 enforcement costs) against Midway Medical Center.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Midway Medical Center for the month of March 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0022454. The violations which occurred in
March 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Midway Medical Center violated the
terms, conditions or requirements of NPDES Permit NCO022454 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 Midway Medical Center: One
NorthCarolina
Nawrallrf
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_

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No
$200.00 NC0022454, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$267.00 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
Lam;,
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be

.:eyed:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment,and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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 petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 i
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
,5�1 t',t tad^,an«3 It'tt�a�-�a ai�r�.lbi i i7c>\hTitlu any titer!c.�il C�cni'�r="3�1'.LV-:701 s}-{}_'CAB.Clec. -

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0208 County: Haywood
Assessed Party: Midway Medical Center
Permit No.: NC0022454 Amount Assessed: $267.00
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 ENVIRONM1L
AND NATURAL RESOURCES
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MIDWAY MEDICAL CENTER )
PERMIT NO. NCO022454 ) FILE NO. LV-2010-0208
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 6, 2010, 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
Governor Director Dee Freeman
Secretary
July 6, 2010
Mr. Tim Barth, Town Manager
Town of Maggie Valley
3987 Soco Road
Maggie Valley, NC 28751
Subject: 401 Water Quality Certification -Approval
Maggie Valley—Landslide Mitigation
DWQ Project# 10-0404
Haywood County
FRB /UT Jonathan Creek/ SI: 5-26-(7)/C-Tr
Dear Mr. Barth:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact/stabilize 3,000 feet of stream for the purpose
of stabilization and sediment removal at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3685. This Certification allows
you to use Nationwide Permit 37 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 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 Approximately 3,000 May 20, 2010 submittal
(feet) and PCN application
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Q11ey,
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrti1C�P01111a
Internet:www.ncwaterquality.org �R'tlll'6t��lf
An Equal Opportunity 1 Affirmative Action Employer L

Mr.Barth
Maggie Valley—Landslide Mitigation
July 6,2010
Page 2 of 3
Additional Conditions:
1. As stated in the Plan Submittal dated May 20, 2010, all field work must be "supervised by a qualified
field restoration specialist with experience in the design and installation of stream restoration
projects...."
2. All removed material and debris must be placed in non jurisdictional areas and stabilized to prevent
reintroduction of soil/sediment to any waters.
3. All seeding mixture shall be a native mix (following NCWRC recommendation list).
4. The drop structures below the culverts shall be constructed as per typical drawings shown in Drop
Structure Waterfall (drawing, dated 6/3/2010).
5. As specified in the Plan Submittal there shall be 10 monitoring benchmarks. Cross sectional and
longitudinal measurements shall be conducted quarterly for the first year after completion of the work,
then annually for 4 more years (along with photo documentation). Reports shall be submitted annually
(after the end of the monitoring year). Both the ACOE and DWQ shall be notified if repairs are
necessary and receive approval prior to implementation. Vegetation assessments shall also be made and
reported during this time. -
6. Replanting of vegetation within disturbed areas located within 30 feet of the streambank associated with
any land disturbing activity, repair, replacement and/or maintenance must be done in a manner
consistent with the Stream Mitigation Guidelines (ACOE, April 2003).
7. Streamwork should be avoided from October 15 to April 15 to protect trout spawning in Jonathan Creek
(refer to Condition 1. of NCWRC comments to the ACOE, dated June 1, 2010).
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.
\�i

Mitigation
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 828-296-4500 (or at [e-mail]).
Sincerely,
U
Coleen H. Sullins, Director
CHS/saw
Enc: GC3685
Certificate of Completion
i
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
Dave McHenry, WRC
401 Permitting Unit—Central Office
Randy Hintz, P.E., McGill Associates
ARO File Copy
S:\SWP\Haywood\401s\Non-DOT\Maggie Valley(slide area)\APRVL.Maggie Valley Landslide Mitigation.10-0404.07 2010.doc

Jin
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 6, 2010
Mr. Barry Jones
Cliffside Sanitary District
P.O. Box 122
Cliffside, N.C. 28024
Subject: Technical Assistance
Cliffside Sanitary District WWTP
NPDES Permit No. NC0004405
Rutherford County
Dear Mr. Jones:
Mr. Don Price, and other staff with the Asheville Regional Office of the NC Division of
Water Quality (DWQ or the Division) conducted a technical assistance visit of the Cliffside Sanitary
District wastewater treatment plant (WWTP) on May 20, 2010. The assistance and cooperation of
Mr. Mike Gibert, WWTP ORC, was greatly appreciated. The purpose of this Technical Assistance
was to review the operation of the WWTP and to help identify repairs and to offer suggested
retrofits needed to meet existing, and to meet future permit limitations. It was also the intent of the
Technical Assistance visit to find ways to reduce energy and chemical costs through more efficient
operating techniques. By enhancing plant operations, we help improve water quality. A checklist is
attached for your records and findings are summarized below.
Site/System Review
The following system components were reviewed during the visit: The current WWTP consists of a
pump station and bar screen; extended aeration basin; dual secondary clarifiers; Aqua disk filters;
a chlorination; effluent re-aeration; and de-chlorination; and sludge storage tanks.
This current arrangement is being operated as a `Partial mix' aerated lagoon. Samples were
collected from the Influent and Effluent, in addition to conducting a dissolve oxygen (DO) profile of
the lagoon unit (extended aeration basin).
The following table(s) summarize the findings derived from conducting the DO profile, and results
from the samples collected at the WWTP. Table 1 identifies DO, pH, and Temp. findings from grab
samples collected at the time of the site visit; Table 2 identifies results of composite samples
collected for BOD, TSS, Alkalinity, and Fecal Coliform(grab sample).
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S,Hwy.70,Swannanoa,North Carolina 27107 �A�
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org Naturally
An Equal Opportunity\Affirmative Action Employer i!

Cliffside Sanitary District
Permit#NC0004405
TA,Page 2 of 5
Table 1.
Location Dissolved Temperature pH Alkalinity Ammonia
Oxygen Degrees Co (s.u.) (Test Strips) (Test Strips)
(mg/L)
A-B Entry point 1 0.72 24.1 7.48 180 mg/L 5 6 mg/L
A-B Entry point 2 0.60 23.7 — — —
A-B'Entry point 3 0.81 218 — — —
A-B mid-point south 0.30 22.3
A-B south right corner 0.55 23.8 — —
A-B south effluent 0.68 23.8 7.37 180 mg/L 1 mg/L
A-B North effluent no flow 0.22 22.6 — —
A-B North mid access point 0.76 22.0 — —As mentioned earlier, the current WWTP is being operated as a Partial mix lagoon. This type of
WWTP can commonly be used to treat municipal and industrial wastewater(s). Partial mix lagoon
technology has been widely used in the United States for at least 40 years or more. Aeration is
provided by either mechanical surface aerators or submerged diffused aeration systems (current
aeration at the time of the technical assistance was provided by two (2) floating mechanical
aerators). The submerged systems can include perforated tubing or piping, with a variety of
diffusers attached. In aerated lagoons, oxygen is supplied mainly through mechanical or diffused
aeration rather than by algal photosynthesis.
Aerated lagoons typically are classified by the amount of mixing provided. A partial mix system
provides only enough aeration to satisfy the oxygen requirements of the system and does not
provide energy to keep all total suspended solids (TSS) in suspension. In some cases, the initial
cell in a system might be a complete mix unit followed by partial mix and settling cells. Most energy
in complete mix systems is used in the mixing function which requires about 10 times the amount
of energy needed for an equally-sized partial mix system to treat municipal wastes. Table 1
indicates dissolved oxygen levels in the Lagoon of between 0.22 mg/L and 0.81 mg/L. For the
system to produce an effluent to meet concentration based limits (milligrams/Liter), rather than the
current mass balance limitations (pounds/day), a dissolved oxygen concentration of at least 2.0
mg/L will have to be maintained throughout the Lagoon system.
A complete mix wastewater treatment system is similar to the activated sludge treatment process
except that it does not include recycling of cellular material, resulting in lower mixed liquor
suspended solids concentrations, which requires a longer hydraulic detention time than activated
sludge treatment. Some solids in partial mix lagoons are kept in suspension to contribute to overall
treatment. This allows for anaerobic fermentation of the settled solids.
Partial mix lagoons are also considered facultative aerated lagoons and are generally designed
with at least three cells in series, with total detention time dependent on water temperature (the
current system consisted of only one (1) cell followed by allowing flow through one secondary
clarifier). The lagoons are constructed to have a water depth of up to 20 ft to ensure maximum
oxygen transfer efficiency when using diffused aeration (current depth is 16 feet). In most cases,
aeration is not applied uniformly over the entire system.

,,rict
,405
5
Typically, the most intense aeration (up to 50 percent of the total required) is used in the first cell.
The final cell may have little or no aeration to allow settling to occur. In some cases, a small
separate settling pond is provided after the final cell. Diffused aeration equipment typically provides
about 6 to 6.5 lbs 02/hp-hour and mechanical surface aerators are rated at 2.5 to 3.5 lbs 02/hp-
hour.
Consequently, diffused systems are somewhat more efficient, but also require a significantly
greater installation and maintenance effort. Aerated lagoons can reliably produce an effluent with
both biological oxygen demand (BOD) and TSS < 30 mg/L if provisions for settling are included at
the end of the system. Significant nitrification will occur during the summer months if adequate
dissolved oxygen is applied. Many systems designed only for BOD removal fail to meet discharge
standards during the summer because of a shortage of dissolved oxygen. Nitrification of ammonia
and BOD removal occur simultaneously and systems can become oxygen limited, of which the
system at Cliffside Sanitary District appears to be.
To achieve nitrification in heavily loaded systems, pond volume and aeration capacity beyond that
provided for BOD removal are necessary. Oxygen requirements for nitrification are more
demanding than for BOD removal. It is generally assumed that 2.5 lbs. of oxygen is required to
treat 2.2 lbs. of BOD. About 8 lbs. of 02 are theoretically required to convert 2.2 lbs. of ammonia to
nitrate.
A physical modification to an aerated lagoon uses plastic curtains supported by floats and
anchored to the bottom to divide existing lagoons into multiple cells and/or serve as baffles to
improve hydraulic conditions. One approach suspends a row of submerged diffusers from flexible
floating booms which move in a cyclic pattern during aeration activity. This serves to treat a larger
volume with each aeration line. Effluent is periodically recycled within the system to improve
performance. If there is sufficient depth for effective oxygen transfer, aeration is used to upgrade
existing facultative ponds and is sometimes used on a seasonal basis during periods of peak
wastewater discharge to the lagoon (e.g. seasonal food processing wastes). Every system should
have at least three cells in series.
Pond depths range from 6 to 20 ft, with 10 ft the most typical (the shallow depth systems usually
are converted facultative lagoons). Detention times range from 10 to 30 days, with 20 days the
most typical (shorter detention times use higher intensity aeration). The design of aerated lagoons
for BOD removal is based on first-order kinetics and the complete mix hydraulics model. Even
though the system is not completely mixed, a conservative design will result.
Table 2.
Location BOD TSS pH Alkalinity Fecal
(mg/L) (mg/L) (s.u.) (mg/L) Coliform
(#/100 ml)
A-B Entry point 1 118 240 7.3 310 mg/L
A-B south effluent 161 208 7.3 330 mg/L —
System Influent Composite 71 18 7.0 110 mg/L —
System Effluent Composite 109 104 7.4 280 mg/ —
System Effluent(Grab) 115 102 7.5 290 mg/L 520,
-

Cliffside Sanitary District
Permit#NC0004405
TA,Page 4 of 5
Results of samples collected in Table 2 indicate the current treatment system would not meet
concentration based limitations.
Based upon information regarding the current system's configuration and capacities the following
loading determinations have been made.
The current 'aeration basin' has a square footage of 64,375 ft.2; cubic footage of 1,030,000 ft,3; and
a volume of 7,704,400 gallons. This volume would allow for a theoretical detention time of 30.8
days at a flow of 0.250MGD (250,000 gpd), or 25.68 days at a flow of 0.300 MGD (300,000 gpd).
Most partial-mix aerated lagoons operate at an Organic Loading of 15—30 lbs. BOD/acre/day, but
with efficient aeration and detention time (without short-circuiting) can increase loading from 60 to
200 lbs. BOD/acre/day. Based upon data in Table 2, The BOD load to the current system equals
29.6 lbs. BOD (0.050 x 71 mg/L x 8.34) per day. The current system has a equivalent acreage of
1.47 acres based upon the square footage of 64,375 ft2. This is equivalent to 100.6 lbs.
BOD/acre/day, falling between the 60 to 200 lbs. BOD/acre/day loading "IF efficient aeration and
no short-circuiting exists in the system.
The current system revealed signs of short-circuiting and organic overload due to indications that
"septage" is being added at entry point 1 of the aeration basin. Any septage added to the system
should be 'pre-treated' prior to being added to the system. Pre-treatment should consist of at a
minimum of screening and pre-aeration. This would help in preventing 'shock-load' effects to the
treatment system. Shock loading of the system is evident in effluent BOD and TSS results (A-B
south effluent BOD 161 mg/L, TSS 240 mg/Q.
Suggestions/Recommendations
The current system would not be capable of meeting concentration based limits as should be
reflected in the next NPDES permitting cycle for this system (current NPDES permit is set to
expire in July 2013). In order to meeting concentration based limits it is suggested the system
look at:
(1) A physical modification to the existing aerated lagoon using some type of curtain or other
means of separation to divide the existing lagoon into multiple cells and/or serve as baffles to
improve on current hydraulic conditions and prevent short circuiting;
(2) Add a type of"Induced Air Flotation" in the initial tank prior to the lagoon, in order to add
septage to the system and not create nuisance and organic loading issues. This would act as
a `septage receiving station' allowing some removal of fats and grease, solids, and other debris
before it reached the lagoon system. Such systems have been added as `pretreatment' for Dairy
waste in Minnesota, in a 10' by 6' tank, with a depth of 6'. Information provided implied it removed
from 20 to 30% of the total BOD load to the treatment plant using only a 2 HP motor.
(3) Review options of adding curtain baffles to the existing contact basin. This would prevent short
circuiting and increase detention time in the system. The entire aeration system needs to be
evaluated and changed to a more efficient aeration system. This could be either some type of
diffused system or a different type of aerator that uses less energy/power.

"rict
-r05
5
I am attaching several documents regarding 'Lagoon Aeration' and cost savings from modifications
implemented for your review. I can make additional visits to the facility to conduct evaluations of
any modification implemented and offer suggestions for improving operation. In addition to the
suggestions listed, I would also suggest you review converting the existing Secondary Clarifiers
into SBR's (Sequencing Batch Reactors) or circular package type WWTP's, but please note that
these types of systems would use more energy than Lagoon technology.
Also, if there are questions or additional information is needed regarding a process change or
permit question, please let me know. Thank you for the opportunity to conduct this Technical
Assistance.
Sincerely,
r P,4-,
r
Donald R. Price, CET
Waste Water Treatment Plant Consultant
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO - SWP
TACU Unit— Raleigh
Mike Gibert, ORC — Cliffside Sanitary District
David Odom, P.E./ Odom and Associates
S\SWP\Rutherford\Wastewater\Municioal\Cliffside SD WWTP 04405\Cliffside Sanitary District TA Ur 07 02 2010.doc

:.
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United States Environmental Protection Agency Form Approved.
EPA/'1 Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 11 N' 2 I5' 31 NC0004405 I11 121 10/05/20 117 18In' 191c1 20I'
Remarks J 1=[
21IIIIIIIIIII1IIIIIIIIII111111IIIIIIIIIIIIIIIIIIIll
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------—-----Reserved---------------------
67 I 169 701 31 71 UI 72 L N I 73 W 74 751 I I I I I Li 80
Section B: Facility Data �—
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Cliffside Sanitary District WWTP 09:30 AM 10/05/20 08/10/01
3400 Hwy 221-A Exit Time/Date Permit Expiration Date
Cliffside NC 28024 11:30 AM 10/05/20 13/07/31
Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data
Michael Franklin Gibert/ORC/828-657-9180/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Greg Blake,PO Box 427 Cliffside NC 28024//828-657-7011/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
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
Don Pric) ARO WQ//828-296-4500/ 7//1 12,616
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
' 716 Z�/i
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3) NC0004405 111 121 10/05/20 I17 18'_I
Section D: Summary of Finding/Comments(Attach additional)sheets of narrative and checklists as necessary)
The purpose of this Technical Assistance was to review current operations and offer suggestions as to cost
savings in energy consumption and chemical cost. The WWTP system is currently being operated a an
Aerated Lagoon.
Results of samples collected at the time of the Technical Assistance indicate the current operation is only
'moderately' successful should the NPDES permit be changed to concentration based limits rather than the
current mass balance based limits.
Suggestions for retrofit are to take the current Lagoon system and 'divide' into 3 separate cells with
improved aeration and mixing in 1st and 2nd cell, and the 3rd cell left quiescent to allow for settling with the
potential for internal re-cycle of the flow.
The system should also be modifyed to accet'septage' in a separate tank to be fed in sparingly to the
lagoon. With the current configuration, adding septage directly to the lagoon creates "shock loads"and
creates grease balls and matting of solids that aids short-circuiting.
The time and assistance of Mike Gibert, ORC for Cliffside Sanitary District, is appreciated. Should there be
additional questions or you wish to expand on this TA, please contact me at [phone]. Don Price.
r
�J
Page# 2

Permit: NC0004405 Owner-Facility: Cliffside Sanitary District WWTP
Inspection Date: 05/20/2010 Inspection Type: Technical Assistance
Lagoons Yes No NA NE
Type of lagoons? Aerated
#Number of lagoons in operation at time of visit? 1
Are lagoons operated in?
#Is a re-circulation line present? ■ n n
Is lagoon free of excessive floating materials?
n ■ n ❑
#Are baffles between ponds or effluent baffles adjustable? n ■ n n
Are dike slopes clear of woody vegetation? ■ n 0
Are weeds controlled around the edge of the lagoon? ■ n n n
Are dikes free of seepage? ■ n n
Are dikes free of erosion? ■ fl n n
Are dikes free of burrowing animals? ■ n 11 0
#Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? 0 ■ ❑ n
#If excessive algae is present, has barley straw been used to help control the growth? ❑ ■ C1 ❑
Is the lagoon surface free of weeds? 0 ■ ❑ Q
Is the lagoon free of short circuiting? 0 ■ ❑ Q
Comment: The current'Lagoon' system needs to be retrofited into 3 separate cells,
instead on the one in order to prevent short-circuiting. The current system is not efficient
either for Organic Loading reduction , energy consumption, and chemical consumption.
A DO profile was conducted of the Lagoon, and results are listed on the TA report cover
letter. Results of the DO profile ranged from 0.22 mg/L to 0.81 mg/L. The DO of the
entire Lagoon should be at least 2.0 mg/L in order to get the most effective treatment.
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ■ 0 Q n
(Sodium Hypochlorite) Is pump feed system operational? ■ n
Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ Q
Is the level of chlorine residual acceptable? n ❑ ❑ ■
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? n 11 Q ■
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ 0 00
Page# 3

Permit: NC0004405 Owner-Facility: Cliffside Sanitary District WWTP
Inspection Date: 05/20/2010 Inspection Type: Technical Assistance
Operations &Maintenance Yes No NA NE
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ 0
Judge, and other that are applicable?
Comment:
Page# 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 7, 2010
Mr. Howard Cole
27 Eller Cove Road
Weaverville,NC 28787
SUBJECT: Notice of Site Inspection (and Information for Stream Stabilization)
27 Eller Cove Road
Buncombe County
Dear Mr. Cole:
On June 18, 2010 Susan A. Wilson and Kevin Barnett from the Asheville Regional Office of the
Division of Water Quality (DWQ) conducted a site inspection with you at your property on Eller
Cove Road (off Reems Creek Road) in Buncombe County. The purpose of the site visit was to
provide information on your future plans to perform stream stabilization, in order to protect your
existing culvert and driveway.
The unnamed tributary to Reems Creek, which runs through your property, is a C-Trout
waterbody. Based on Mr. Barnett's assessment, likely it would behoove you to place some
structures in the creek to direct water flow to the culvert (this would be advisable instead of just
cutting into the creek and placing rip-rap along the sides of the creek). Some sketch drawings
regarding what may be effective for long-term stability of the creek are attached. Additionally,
because the unnamed tributary is a classified trout waterbody, the Division recommends that a
vegetated, riparian buffer of woody stems be placed along the creek. This will also help with the
long-term stability of the creek.
A copy of a Pre-Construction Notification (PCN) is also attached with this letter (and it has been
partially filled out re. the waterbody and other information). Fee for this project application is
$240.
You must submit 5 copies along with the appropriate fee to:
NC DWQ, 401/Wetlands Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 //
Internet: www.ncwaterquality.org �atumllff
An Equal Opportunity\Affirmative Action Employer

Mr.Cole
July 7,2010
Page 2 of 2
Ms. Tasha McCormick, with the Army Corp of Engineers, has been copied with this
correspondence (a 404 permit from the Corp is also required). Please call me or Kevin Barnett at
[phone] if you have any further questions.
Sincerely,
60f
Susan A. Wilson, P.E.
Surface Water Protection
Asheville Regional Office
cc: ARO File Copy
Tasha McCormick, ACOE
S:\SWP\Buncombe\401s\Non-DOT\Cole property-27 Eller Cove Rd\Site lnsp Notification Cole.7 2010.doc

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KUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 7,2010
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 June 30, 2010, I visually inspected the construction work on US Highway 321 in Caldwell County and the
project appeared to be in good shape. As you know most of the construction work is taking place at the
southern end of the project. A final inspection was conducted on the project north of the run away vehicle
sand trap and all of the areas appeared to be in good stable condition. 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
Mike Parker, Asheville Regional Office
(Pettyjohn)US Highway 321 June 2010 Inspection
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 7
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrthCaroll_rla
Internet;www.nnity eA Affirmative
An Equal Opportunity 1 Affirmative Action Employer Yll "

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DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: June 30,2010
County: Caldwell Region: Asheville
DOT Division: Division l 1
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 I 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 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 RSA RCA
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 l ch to 1/3 d 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:
The entire length of the project was inspected. A Final Inspection of the project was
conducted except for the section of US 321 south of the runaway vehicle sand trap. All of the
areas north of the sand trap appear to be in good stable condition. Some minor seeding is
needed at various areas on the project.
Please continue to monitor the steep slope and blasting at the southern end of the project.
Steep slopes and sediment could pose a problem if not properly controlled. The area along
NCSR 1370 (Kirby Mountain Road) appears to be stable at the present time. This area should
be watched carefully and additional sediment and erosion measures may be required. This
area also appeared to be in good condition.
Continue to maintain sediment and erosion control structures to protect state surface waters.
06-30-10 US 321 Inspection Report

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
July 7, 2010
Boyd L Stewart
Sandra Buchanan
5116 Highway-226 S
Bakersville NC 28705
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0820
Compliance Evaluation Inspection
Beauty Shop WWTP
Permit No. NCG550113
Mitchell County
Dear Mr.Stewart:
Enclosed please find a copy of the Inspection Report from the inspection conducted June 16, 2010. The
Compliance Evaluation Inspection was conducted by Keith Haynes and Don Price of the Asheville Regional
Office. The treatment facility was found to be in violation of Permit NCG550113 for the following:
Inspection Area Compliance Issue
Permit The certificate of coverage was not renewed however, the annual
fee is up-to-date. The permit needs to be renewed immediately.
Operations & The weeds and grass around the UV unit should be kept cut for
Maintenance easier access to the UV unit
Please refer to the enclosed Inspection Report for any additional observations and comments.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within fifteen(15)working days of receipt of this letter. A copy of the permit renewal request is attached. If you
should have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: WQ Central Files w/attachment
ARO w/attachment
Charles Weaver w/attachment
S',,'WP',,MitcneilVVastewateir\Ge,ne,raliNGG55 SFR\Aj-cnivc.,\550113CEItJ `all.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Internet:www.ncwaterauali!y_org atut' l/ff

United States Environmental Protection Agency Form Approved.
EPA
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 I NI 2 151 31 NCG550113 111 121 10/06/16 117 18t CI 19 ,GI 20I1
L Remarks 1= J
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved----------------------
67' 169 70I I 71 U 721 N' 73I 'W'74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
5116 NC Hwy 226 South 10:45 AM 10/06/16 97/09/01
5116 NC Hwy 226 S Exit Time/Date Permit Expiration Date
Bakersville NC 28705 11:00 AM 10/06/16 02/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Boyd L Stewart,161-226 S Bakersville NC 28705/// No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit E Operations&Maintenance 0 Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
AAJ
Keith Hay
nes J,� ARO WQ//828-296-4500/ b b
Don Price Point Source Branch//828-296-4500/
'7 /�ii
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers 2, -,Z�_6_10
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 NCG550113 I11 12l 10/06/16 � �� 18�C
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
As noted, the permit has expired. A copy of the renewal form is attached. The owner needs to make sure
that the area around the subsurface sandfilter and UV Unit is properly maintained.
�i
Page# 2

Permit: NCG550113 Owner-Facility: 5116 NC Hwy 226 South
Inspection Date: 06/16/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 11 ■ n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge 0 n ■ n
Judge,and other that are applicable?
Comment: The weeds and grass around the UV unit should be kept cut for easier
access to the UV unit
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ■ n 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? 0 ■ ❑ 0
Is the inspector granted access to all areas for inspection? ■ ❑ n n
Comment: The certificate of coverage was not renewed; however, the annual fee is
up-to-date. The permit needs to be renewed immediately.
Disinfection -UV Yes No NA NE
Are extra UV bulbs available on site? n n n ■
Are UV bulbs clean? n n n ■
Is UV intensity adequate? n n ❑ ■
Is transmittance at or above designed level? 0 n n ■
Is there a backup system on site? n ■ n n
Is effluent clear and free of solids? ❑ n Cl ■
Comment: The alarms for the unit were found to be working. Other aspects of the unit
were not evaluated.
Page# 3

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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 7, 2010
John Boone
Town of Elk Park
PO Box 248
Elk Park NC 28622
SUBJECT: Reconnaissance Inspection
Elk Park WWTP
Permit No: NCO079561
Avery County
Dear Mayor Boone:
Enclosed please find a copy of the Reconnaissance Inspection Report from the
inspection conducted on June 16, 2010. The Reconnaissance Inspection was conducted
by Don Price and me, of the Asheville Regional Office. The facility was found to be in
Compliance with permit NC0079561.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff has any questions, please do not hesitate to contact me at
828-296-4500.
Sincerel ,
Keith Haynes
Environmental Sr. Specialist
Enclosure
cc: Otis D Ward, ORC
Central Files
Asheville Files
S.SWPAvery\Wastewater\Mt.irricipak lk Park 79561,06.16.1 OCEIIetter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE,o One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 l� NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 //
Internet:www.ncwaterauality.om �atura!!y

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United States Environmental Protection Agency Form Approved,
EPA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NC0079561 111 121 10/06/16 117 181 RI 191 c1 20U
Remarks U
211111111111111111111111111111111111111111 Jill 1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----—-----—------------Reserved----------------------
67 I 169 701 I 71 I I 721 NJ 73 LU 74 711 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)
Elk Park WWTP 01:30 PM 10/06/16 08/02/01
Elk River Rd NCSR 1305 Exit Time/Date Permit Expiration Date
Elk Park NC 28622 02:10 PM 10/06/16 12/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Otis Ward///
Otis D Ward/ORC/828-733-9573/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
John Boone,PO Box 246 Elk Park NC 28622//828-733-9573/8287338696
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Flow Measurement 0 Operations&Maintenance 0 Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signaturr�ee((s-)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes 1/fJ ARO WQ//828-296-4500/
Don Price A,/-I Point Source Branch//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/ GZ20'(40
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO079561 I11 12I 10/06/16 I17 181_I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The WWTP appeared to be operating properly and was adequately maintained.
i
Page# 2

Permit: NCO079561 Owner-Facility: Efk Park WWTP
Inspection Date: 06/16/2010 Inspection Type: Reconnaissance
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 ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑
(Sodium Hypochlorite)Is pump feed system operational? ■ ❑ ❑ ❑
Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ ❑ ❑ ❑
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: This process was recently installed to replace chlorine gas.
De-chlorination Yes No NA NE
Type of system? Liquid
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑
Is storage appropriate for cylinders? ❑ ❑ ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? Cl ❑ ■ ❑
Are tablet de-chlorinators operational? ❑ ❑ ■ ❑
Number of tubes in use? 0
Comment:
Page# 3

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
July 7, 2010
Tom and Helen Moore
80 South Mills River Road
Mills River,NC 28759
Subject: 401 Water Quality Certification-Approval
Mills River Restoration Project
DWQ Project# 10-0166
Henderson County
FRB03 /Mills River/6-54-(4.5)/WS-II; Tr; HQW; CA
Dear Mr. and Ms. Moore:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 627 feet of streams for the purpose of
relocation and stabilization at the subject property. This approval requires you to follow the conditions listed
in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to)Erosion and Sediment Control, Water Supply
Watershed and Trout Water 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 627 (feet) Sheet 3 of 8
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N&ffiCarolina
Internet:www.ncwaterquality.org An Fn—]hnnnr+nniN',4ffir—i—Artinn PrnnimrAr Naturally

Tom and Helen Moore
July 7,2010
Page 2 of 2
Additional Conditions
1. Post-project monitoring - Cross sectional and longitudinal measurements of the relocated reach shall be,,'-
conducted at the end of years one (1),three (3) and five(5) after project completion. Results shall be
reported along with photo documentation. If the monitoring results indicate that structural modifications
or repairs are needed, approval shall be sought from the DWQ prior to implementation. Vegetation
assessments shall also be made and reported in accordance with this monitoring schedule.
2. North Carolina Wildlife Commission Comments—The recommendations from the NCWRC provided in
their letter dated March 12, 2010 are hereby incorporated.
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
CHSlcbc
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Dave McHenry—NCWRC
Shaun Moore -Henderson County SWCD
61 Triple Springs Road
Hendersonville,NC 28792
File Copy
S:\S WP\Henderson\401 s\Non-DOT\MillsRiverRestorationProject\APRVL_7-6-10.doe

Ar*A
WNW
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J009 1680 0000 7515 1208 dry k 7009 1680 0000 7515 1215
Ms. Laurie Ledford Ms. Mary Ruth Queen, #6 Douglas Place
(also owner of#6 Mooreview Dr.) 16 Westridge Drive
12416 Banner Way, Apt. 104 Asheville, North Carolina 28803
Chester, Virginia 23836
7009 1680 0000 7515 1222 J1009 1680 0000 7516 1239
Ms. Carol Lathuras Ms. Mary B. Johnson
(Owner of# 10 Douglas Place) #8 Douglas Place
#3 Commodore Drive, Apt. # 153 Asheville, North Carolina 28803
Emeryville, California 94608
7009 1680 0000 7515 1246 7009 1680 0000 7515 1253
Mark and Josephine Pedersen Don and Aileen Jones
# 12 Douglas Place 11 Erin Street
Asheville, North Carolina 28803 Asheville, North Carolina 28803
7009 1680 0000 7615 1260
Ann and Phillip Player
#7 Douglas Place
Asheville, North Carolina 28803
Subject: NOTICE OF VIOLATION/NOTICE OF
INTENT TO ENFORCE
NOV-2010-DV-0256
Incident No. 2010002046
Overflowing Sewer
#6 Mooreview Drive
Buncombe County
Dear Sirs and Madams:
It is the understanding of staff of the Asheville Regional Office that a privately owned
sewer line runs up and under the Garage at#6 Mooreview Drive and is overflowing at
the foundation of this Garage. This same sewer line extends to serve that portion(s) of
Douglas Place, Erin Street, and Westridge Drive. Information also indicates that the
persons receiving this letter make use of one or the other of these lines.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 North Carolina
Internet:www.ncwaterquality.org'�' �C����/�„LU/
An Equal Opportunity 1 Affirmative Action Employer �at `

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All users of this line need to immediately make arrangements to repair the line. North
Carolina General Statute 13A-335(a) says that a person owning a residence shall
provide an approved wastewater system. Continued dependence on an overflowing
sewer places at risk your ability to continue to live in your house. Those of you using
the overflowing sewer should get it repaired immediately:
It is presumed that the sewer line(s) do not occupy deeded right-of-way. Each
residence that is connected to this line(s) is responsible for proper operation and
maintenance of the sewer line(s). When an overflow occurs on this sewer line(s) ALL
residences connected are responsible for the repair of the sewer line(s). Failure to
repair a sewage overflow can result in assessment of civil penalties of up to $25,000
per day.
The Metropolitan Sewerage District of Buncombe County (MSD) has a Private Sewer
Rehabilitation program in which it will take over ownership and obviously maintenance
responsibility of private sewers. We would suggest that after repair of the existing point
of overflow, all persons owning homes served by the two sewers designate a
spokesperson to negotiate with the MSD regarding their taking over the sewers for
purposes of operation and maintenance. After receipt of information, the MSD will
maintain the existing lines until they can be replaced by a proper sewer line. Each
home owner would continue to be responsible for their own service line, as are all
homeowners, but any time a problem develops with the line taken over by the MSD you
would simply call the MSD. Mr. Mike Butler with the MSD may be contacted at 828-
_ 254-9646 to discuss their Private Sewer Rehabilitation program.
Please respond within Fifteen days (15) of receipt of this letter regarding repair(s) to
the overflowing sewer. Please notify Mr. Don Price at 828-296-4500 when repairs are
complete.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
xc: Mike Butler, MSD
Ken Stines, MSD
Don Price, ARO
Deborah Gore, PERCS

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, 2010
Guy Pearce
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh,NC 27699-1652
Subject: 401 Water Quality Certification -Approval
East Buffalo Creek Restoration
DWQ Project# 10-0402
Graham County
LTN04/East Buffalo Creek/2-190-16/C
Dear Mr. Pearce:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
'Approval has been granted to place fill within or otherwise impact 2681 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 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as "
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 2681 (feet) Drawings dated 4/9/10
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 One Ca Ohlla
Internet:www.ncwaterquality.org
aturall
An Finial Mnnrfnnity 1 AfFrrnathro Antinn FmnlnvPr

Guy Pearce
July 8,2010
Page 2 of 2
Additional Conditions
1. Post-restoration monitoring,—Success criteria monitoring shall be conducted and reported per the April.
2003 Stream Mitigation Guidelines issued by the USACE and DWQ, as indicated in the submitted East
Buffalo Creek Mitigation Plan.
2. North Carolina Wildlife Commission Comments—The recommendations from the NCWRC provided in
their letter dated July 2, 2010 are hereby incorporated.
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,
.Q,
Coleen H. Sullins, Director
CHS/cbc
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Dave McHenry-NCWRC
Micky Clemmons—Michael Baker Engineering, Inc.
File Copy
S:\SWP\Graham\401s\Non-DOT\EastBuffaloCreek\APRVL 7.7.10.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
SURFACE WATER PROTECTION SECTION
July 8, 2010
Mr. William Wesley Royal,
Utilities Manager
Toxaway Falls Inc.
PO Box 778
Pisgah Forest, NC 28768-0778
SUBJECT: Compliance Sampling Inspection
Toxaway Falls Inc. WWTP
Permit No: NCO052043
Transylvania County
Dear Mr. Royal
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on June 23, 2010. The facility was found to be in compliance with permit
NC0052043.
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 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosures
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\Minors\Toxaway Falls 52043\CSI.6-23-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina
Phone: [phone] FAX:[phone] Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwatergualitV.org

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United States Environmental Protection Agency
Form Approved.
EPA
n Washington,D.C.20460 OMB No.2040-0057
C r'1 Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO052043 1 11 121 10/06/23 117 181 SI 191 SI 20I 11
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ----------------Reserved--------------
671 1.0 169 70131 711_1 721NI , 73 L LJ 74 751 1 1 1 1 1 1 1 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Toxaway Falls WWTP 12:30 PM 10/06/23 07/11/01
115 U S Hwy 64 W Exit Time/Date Permit Expiration Date
Leicester NC 28748 02.15 PM 10/06/23 12/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
William Wesley Royal/ORC/828-884-9537/
Name,Address of Responsible Official/Title/Phone and Fax Number
William Wesley Royal,PO Box 778 Pisgah Forest NC Contacted
287680778//828-884-9537/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 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/
m4 (9) -�o o
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
2' NO
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I N00052043 I11 12I 10/06/23 I17 18ISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
WWTP:
The Toxaway Falls, Inc. WWTP is classified as a class II facility and rated as a 0.010 MGD
extended aeration package plant with: 10,150 gallon aeration basin with dual blowers (48 cfm
each) providing diffused air; 1685 gallon rectangular clarifier with sludge return; ultrasonic
flow meter; tablet chlorinator; 260 gallon chlorine contact chamber; and tablet dechlorinator.
Note: The A to C (dated: 3-3-1988) included a flow EQ basin and 2000 gallon sludge holding tank.
The EQ basin was never installed. A 1000 concrete tank is on site, but never piped for air or
used for sludge holding. Sludge management is provided via a contract septage hauler.
Phased construction:
Upon reaching 80% of 0.010 MGD, you are required to submit an A to C for permitted flows of up
to 0.120 MGD. The permit includes an expansion permit for 0.120 MGD.
Septic Tanks:
The development consists of residential homes and one condominium building on individual septic
tanks and drain fields (none with flow to WWTP).
In addition to these residences are the following:
Collection System: i
The collection system to the WWTP consists of:
7 collection system connections, namely:
3 condominiums-6 units per building:
Two condos have grinder pumps—lift stations# 1 &#2 -with force mains and one condo with
a septic tank and gray water discharge to a gravity line;
2 residential homes:
One with a gravity line, the other with a grinder pump—lift station#3 - and force main;
1 gift shop (gravity line); and
1 restaurant(gravity line).
There are: 1,125 linear feet of 2-inch pvc force main; 3,450 feet of 4-inch gravity; and 3
simplex grinder pumps (50 gpm each).
Page# 2

Permit: NCO052043 Owner-Facility: Toxaway Falls VWVrP
Inspection Date: 06/23/2010 Inspection Type: Compliance Sampling
Note: The WWTP flows average-3,000 gpd.
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance sampling inspection was conducted on
11-17-09 by Janet Cantwell. The following sampling results, from that inspection, indicated
compliance:
BOD = 1.4 mg/I
TSS = < 6.2 mg/I
fecal coliform = 1 colony/ 100 ml
ammonia nitrogen = 0.1 mg/I
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.
NAME/OWNERSHIP CHANGE:
When the responsibility of the permit shifts from the owners, Thomas Marsalona & Harry Levi, to
the Property Owners'Association Inc, please complete and submit the enclosed form with
accompanying documentation to the Division. (There is no charge for this.) You may submit this
request in writing to the Division at:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/ PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 21.5 degrees Celsius
pH = 6.7 units
Dissolved Oxygen = 0.93 mg/I
Settleable Solids =400 ml/I = 40%
SLUDGE MANAGEMENT:
The plant was recently pumped and - 3000 gallons of excess solids were removed.
Page# 3

Permit: NCO052043 Owner-Facility: Toxaway Falls WWTP
Inspection Date: 06/23/2010 Inspection Type: Compliance Sampling
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen =4.9 mg/I
Note: The IWC @ 0.010 MGD is 0.67%. There is no effluent minimum DO requirement.
pH = 7.3 units
Temperature = 25.4 degrees Celsius
Chlorine= <20 ug/I
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Wesley Royal, ORC, assisted in the inspection and appears to be operating and maintaining
the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
Samples were taken on the day of the inspection. The sample results are as follows:
BOD = 6.1 mg/I
TSS = 14.5 mg/I
fecal coliform = 18 col/100 ml
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report has been received by the Division.
Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal
of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste, must provide an Annual Report to its
users or customers and to the Department of Environment and Natural Resources that summarizes
the treatment work's and collection system's performance over a 12 month period.
The System Performance Annual Report is due no later than 60 days after the end of the reporting
period.
Page# 4

Permit: NCO052043 Owner-Facility: Toxaway Falls VWVFP
Inspection Date: 06/23/2010 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n In ■ 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 Cl n
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment:
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 In
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 Cl n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ Cl n n
Is the site free of weir blockage? ■ ❑ ❑ n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n 00
Is the site free of excessive floating sludge? ■ n ❑ ❑
Page# 5

Permit: NC0052043 Owner-Facility: Toxaway Falls VWVfP
Inspection Date: 06/23/2010 Inspection Type: Compliance Sampling
Secondary Clarifier Yes No NA NE
Is the drive unit operational? n ❑ ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n 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? 1
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)? In n ■ o
Is storage appropriate for cylinders? n n ■ o
#Is de-chlorination substance stored away from chlorine containers? n o ■ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n ❑ n
Number of tubes in use? 2
Comment:
t/
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
July 8, 2010
Joe Cline, Executive Director
Tuckaseigee Water and Sewer Authority
1246 West Main Street
Sylva, N.C. 28779
Subject: Permit No. WQ0034870
Tucksaeigee Water and Sewer Authority
Bullfrog Cove Residential Gravity Sewer
Repair
Wastewater Collection System Extension
Jackson County
Dear Mr. Cline:
In accordance with your application received July 6, 2010, we are forwarding herewith Permit
No. WQ0034870, dated July 8, 2010, to Tuckaseigee Water and Sewer Authority for the construction
and operation of the subject wastewater collection system extension. This permit shall be effective
from the date of issuance until rescinded, and shall be subject to the conditions and limitations as
specified therein. This cover letter shall be considered a part of this permit and is incorporated therein
by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this
collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Tuckaseigee Water and Sewer Authority July 8, 2010 Fa"
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 Tuckaseigee Water and Sewer Authority for the construction and operation of
approximately 175 linear feet of 8-inch gravity sewer for the replacement of existing sewer as part of
the Bullfrog Cove Residential Gravity Sewer Repair project, and the discharge of 0 gallons per day of
collected domestic wastewater into the Tuckaseigee Water and Sewer Authority's existing sewerage
system, pursuant to the application received July 6, 2010 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 Tuckaseigee Water
and Sewer Authority's # 1 Wastewater Treatment Facility (Permit No. NC0039578) prior to being
discharged into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0039578)
Victor Lofquist, P.E./Lofquist &Associates, Inc.
Surface Water Protection Section Central Files
PERCS Files
S•\SWP\Jackson\Collection Systems\TWASW#1 Collection System\WQ0034870 TWSA#1 Bullfrog Cove Gravity Repair 7 7 2010.doc

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

PERMIT NO.WQ0034870,Tuckaseigee Water and Sewer Authority,Bullfrog Cove Gravity Sewer Repair,Jackson County July
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 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

r NO.WQ0034870,Tuckaseigee Water and Sewer Authority, Bullfrog Cove Gravity Sewer Repair,Jackson County July 8,2010
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 81h day of July, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for dole4n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034870
3

PERMIT NO.WQ0034870,Tuckaseigee Water and Sewer Authority, Bullfrog Cove Gravity Sewer Repair,Jackson County July 8.,
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description: -
permission is hereby granted to the Tuckaseigee Water and Sewer Authority for the construction and
operation of approximately 175 linear feet of 8-inch gravity sewer for the replacement of existing sewer
as part of the Bullfrog Cove Residential Gravity Sewer Repair project, and the discharge of 0 gallons
per day of collected domestic wastewater into the Tuckaseigee Water and Sewer Authority's existing
sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations(selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having '
been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; 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.

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 8, 2010
Mr. Don Mason
Harrison Construction Co. Division of APAC/Waynesville Quarry
P.O. Box 449
Franklin,NC 28744
SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
Harrison/Waynesville Quarry
NOV-2010-PC-0823
Stormwater Permit Condition Violations—NCG020248
Stream Standard Violation—Turbidity Standard
Haywood County
Response deadline: July 26, 2010
Dear Mr. Mason:
During the month of June 2010, staff from the Asheville Regional Office of the Division of Water
Quality (DWQ) documented permit condition and stream standard violations at the Waynesville
Quarry on Big Cove Road in Haywood County. NPDES Stormwater General Permit—
NCG020248, provides coverage for the subject quarry. The site drains to Allen's Creek, a Class
C-Trout waterbody, located in the French Broad River Basin.
VIOLATIONS
I. Stormwater Permit NCG020248 Conditions—The DWQ site visit conducted June 22,
2010 revealed violations of the following stormwater permit conditions:
a. Part III. Section A. —Stormwater Pollution Prevention Plan - all stormwater
discharge outfalls were not identified as required by the Permit. As DWQ staff
indicated, there are 3 additional areas that discharge stormwater (SD03, SD04,
SD05).
b. Part III. Section B. —Analytical Monitoring—all stormwater outfalls were not
monitoring, as required.
c. Part III. Section D. —Qualitative Monitoring—all stormwater outfalls were not
visually inspected, as required.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1NorthCarolina
Phone: www.ncwaterquality.org
FAX:[phone] Customer Service:1-877-623 6748 �gtli'�lx��l�/
Internet:: www.ncwaterquality.org 6
An Equal Opportunity 1 Affirmative Action Employer

Harrison/Waynesville Quarry
Mr.Mason
July 8,2010
Page 2 of 3
d. Part IIL Sections B & E. — The discharge shall not cause the turbidity of the
receiving waters to exceed Water Quality Standards. Sampling conducted June 16,
2010 in Allen's Creek above and below the mine site indicated a violation of the
water quality standard for turbidity. During the site visit, DWQ staff concluded that
referenced outfall SD03 likely contributed to the violation(this outfall was not
identified to be analyzed and visually monitored by Harrison personnel).
e. Part II. Section B— "In the event that a facility fails to perform satisfactorily,
including the creation of nuisance conditions, the permittee shall take immediate
corrective action.... " Violation of the water quality standard for turbidity created
nuisance conditions, therefore, Harrison must evaluate the need for new treatment
facilities.
f. Part IV. Section E.8. — The permittee shall report to the central office or the
appropriate regional office any noncompliance which may endanger health or the
environment. Harrison failed to notify DWQ regarding the turbidity violation.
II. Stream Standard Violation—DWQ sampling conducted June 16, 2010 indicated a
violation of the turbidity standard of 10 NTU for trout waters [ref. 15A NCAC 02B .0211
3(k)].
The following results were obtained:
Upstream - 6.1 NTU (above quarry site—near Little Cove Road)
Upstream - 11 NTU (above culvert receiving SD03)
Downstream - 1000 NTU (below culvert receiving SD03)
Downstream - 310 NTU (below quarry site—near Fuller Drive)
REQUIRED RESPONSE
This Office requests that you respond in writing by July 26, 2010. Your response should be sent
to the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,
NC 28778. Your response should address the following items:
I. Stormwater Permit NCGO020248
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCG020408 permit conditions.
b. Please explain how and when you anticipate being in full compliance with the
NCGO020248 Permit.
e. Monthly monitoring at all identified outfalls for the parameters listed in the
inspection report is required from this point forward until Harrison receives
notification from this office.

jarry
II. Stream Standard -Turbidity
a. Please explain why stream standards for turbidity were violated and how you plan
to prevent these problems from reoccurring at this facility.
b. Please explain why these violations occurred without proper notification to DWQ.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Linda Wiggs or Susan A. Wilson at (828) 296-
4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Enc: Inspection Report
Lab Results/Turbidity Samples
cc: Central Files (w/Inspection Report)
ARO Files
DLR/ARO (w/Inspection Report)
Bethany Georgoulias, DWQ/SWPU (w/Inspection Report)
S:\SWP\Haywood\Stormwater\NCG02 Mining\HarrisonQuarryNCG020248\NOV-2010-PC-0823 Harrison Waynesville.7 2010.doc

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. __..._.._._._.._...
Harrison Construction Co. Division of APAC, Waynesville Quarry
NPDES No. NCG020248
Inspection Summary
Division of Water Quality staff(Linda Wiggs and Susan A. Wilson) met with Don
Mason, Jeff Mathis, Darrell Mathis, Todd Quigg, and Harold Kelly (Harrison staff) at the
site on June 22, 2010. Kristin Hicklin and Shawna Riddle (Division of Land Quality)
were also present during the majority of the site visit.
The primary reason for the inspection was to evaluate the exterior of the facility,
observing the potential stormwater exposure areas, outfalls, and site conditions.
DWQ did a general overview of records while on-site. DWQ stated that record keeping
should be more thorough and BMP inspections, as well as maintenance activities, should
be more specific and documented more thoroughly. DWQ also stated that an onsite
person(s) should be trained to sample, inspect, and maintain the BMPs. DWQ highlighted
that BMP maintenance activities are of primary importance in attaining compliance with
the stormwater permit.
Approximately 48 acres of the site is disturbed/exposed(per Don Mason). Currently,
Harrison staff has identified two outfall locations. Samples are collected for Outfall 001
(near the northwest corner of the site off New Allen's Cove Road). Per Harrison staff,
there had been no discharge from Outfall 002 (east side—Allen's Cove Road), so no
samples had been taken (several detention traps in series are prior to Outfall 002). Please
note that not sampling or recording "ND" (no discharge) because personnel are not
available during discharge event, is not an acceptable practice.
Any vehicle maintenance is conducted in an enclosed garage. DWQ observed no
potential stormwater issues due to vehicle maintenance. Secondary containment
surrounds the fuel storage tanks.
DWQ identified other Stormwater Discharge Outfalls (SDOs) that will require
monitoring. Three additional outfalls were noted by DWQ and referred to as SDO3,
SDO4 and SDO5 (please refer to attached map).
As discussed with Harrison personnel, the outfall area along New Allen's Creek Road,
upstream of their identified Outfall 001, referred to as SDO3 by DWQ, should be
monitored for parameters outlined in the general stormwater permit(Mining SW permit).
This outfall appears to receive pit water(mine dewater), process water, and stormwater
runoff. It is recommended that a thorough evaluation of this entire drainage area take
place, including the feasibility of separating mine dewatering, stormwater runoff, and
process water from comingling. It likely will be necessary to install engineered
stormwater control structures that will sufficiently treat waters to maintain compliance
with effluent limits and/or benchmarks. This area is the likely contributor of turbidity
during DWQs sampling event on June 16, 2010. It was pointed out during the inspection

that monitoring at SDO3 should be conducted prior to comingling with the other
stormwater contributions from offsite (i.e., prior to mixing with the other culverts).
DWQ also identified two additional outfalls, one north of Outfall 002, near Allen's Creek
Road and the entrance road, referred to as SDO4 by DWQ. This outfall receives
stormwater from the mine road area, as well as runoff from an asphalt waste pile.
Although this outfall is associated with mining haul road, due to the asphalt waste pile
contribution SDO4 should be monitored under the guidelines for the Asphalt Plant
(Stormwater Permit NCG160024), which includes Total Petroleum Hydrocarbons (TPH)
monitoring. Due to potential turbidity contributions from the mining haul road,this
SDO4 should also be monitored for turbidity. The Division is requiring that Harrison
monitor for turbidity in conjunction with the analytical monitoring.
Another outfall was identified near the asphalt waste piles (across from the asphalt plant),
referred to as SDO5 by DWQ. This outfall should be monitoring in accordance with the
Asphalt Plant (Stormwater Permit NCG160024). Due to time constraints, DWQ was
unable to conduct an inspection at the asphalt plant. Please review your Asphalt site
again(in light of DWQs inspection of the mining facility) and ensure that all pertinent
outfalls are identified and monitored as required.
Regarding the turbidity sampling conducted June 16, 2010, during a rain event, turbidity
measurements in Allen's Creek were in violation ofDWQ's turbidity standard (results of
those tests are attached). DWQ is requiring that Harrison conduct monthly monitoring at
all five discharge locations identified (and as listed below in Table 1). Monthly
monitoring should continue until such time that this office notifies Harrison otherwise.
In addition, monthly instream monitoring for turbidity should be conducted upstream and
downstream of the site (in Allen's Creek). DWQ understands there are other contributing
sources in the watershed, however, Harrison staff should determine the appropriate
downstream monitoring point(s) and consult with DWQ staff. At minimum, sampling
should be conducted upstream on Allen's Creek near Little Cove Road and downstream
near Fuller Drive.

Table 1. Required Monitoring
Outfall Monitoring
001 002 SDO3 SDO4 SDOS# Frequency
TSS TSS TSS TSS TSS Monthly
SS SS SS SS SS Monthly
Turbidity Turbidity Turbidity Turbidity Turbidity Monthly
TPH+ TPH + Monthly
pH pH pH Monthly
Rainfall Rainfall Rainfall Rainfall Rainfall Monthly
• All other conditions as specified in stormwater general permit NCG020000
(Mining SW Permit) should also be met.
+ TPH=Total Petroleum Hydrocarbons as defined in stormwater general permit
NCG160000.
# All other conditions specified in stormwater general permit NCG160000 (Asphalt
SW Permit) should also be met.

Compliance Inspection Report
Permit: NCG020248 Effective: 01/01/10 Expiration: 12/31/14 Owner: Harrison Construction Company Division of
Apac-Atlantic Inc
SOC: Effective: Expiration: Facility: Waynesville Quarry
County: Haywood 47 Big Cove Rd
Region: Asheville
Waynesville NC 28786
Contact Person: Gary D Loflin Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/22/2010 Entry Time: 01:47 PM Exit Time: 05:45 PM
Primary Inspector: Linda S Wiggs Phone:[phone]
Secondary Inspector(s): Ext.4653
Susan A Wilson Phone:
Reason for Inspection: Complaint Inspection Type:Compliance.Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1

Permit: NGG020248 Owner-Facility: Harrison Construction Company Division of
Apac-Atlantic Inc
Inspection Date: 06/22/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
Inspection Summary:
*Summary under separate Word Doc due to length and formatting.
Page: 2

Permit:NCG020248 Owner-Facility: Harrison Construction Company Division of
Apac-Atlantic Inc
Inspection Date:06/22/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑
#Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑
#Does the Plan include a"Narrative Description of Practices"? ❑ ❑ ❑ ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ■ ❑ ❑
#Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ❑ ■
#Has the facility evaluated feasible alternatives to current practices? ❑ ■ ❑ ❑
#Does the facility provide all necessary secondary containment? ■ ❑ n Cl
#Does the Plan include a BMP summary? ■ ❑ n n
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ❑ ❑ ■
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? C1 ❑ ❑ ■
#Does the facility provide and document Employee Training? ❑ ❑ ❑ ■
#Does the Plan include a list of Responsible Party(s)? ❑ ❑ ❑ ■
#Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑
#Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ Cl ❑
Comment: Much of the SPPP was complete. The main issue (after review of the site)
is that several outfalls were not identified in the plan. Please see comments in the
summary section. The SPPP will need to be improved based on the identification of
the additional outfalls.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑
Comment: See comments in summary section; other outfalls identified.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑
Comment: Again, see summary section. Due to the other outfalls identified, this is
incomplete.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑
#Were all outfalls observed during the inspection? ■ ❑ ❑ Cl
#If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑
Page: 3

Permit:NCG020248 Owner-Facility: Harrison Construction Company Division of
Apac-Atlantic Inc
Inspection Date: 06/22/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ 0 0 ■
Comment: See summary section. This needs to be updated due to the other outfalls
identified.
Page: 4

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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 8,2010
Mr. Chuck Summey
Town of Forest City
P.O. Box 728
Forest City, North Carolina 28043-0728
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0265
Incident#201001899
Permit No. WQCS00050
"Town of Forest City
Forest City Collection System
Rutherford County
Dear Mr. Summey:
A review has been conducted of Forest City Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report submitted by the Town of Forest City. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit WQCS00050
and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 06/1.5/2010 Sanitary Sewer Overflow Discharge
Incident#201001899 <2,000 gallons Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence of
similar situations. If you should have any questions, please do not hesitate to contact Asheville
Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Roger C:, Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ ARO Files
DWQ Central Files
Mr. Bob Daniels/Public Works Department
PERCS Unit
tit§'P h `i".4cnlod oaest.t"irc 0,IK,,.Fion S�ytc,t.�(?V?{HO-171 f1�tr .c'ltc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCaro/l/ina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 othCar l in Internet:www.ncwaterguality.org

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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 9,2010
Mr. Thomas Marsalona
Toxaway Falls Inc.
115US Hwy 64W
Lake Toxaway,North Carolina 28748
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0099
Permit No.NCO052043
Toxaway Falls WWTP
Transylvania County
Dear Mr. Marsalona:
A review of Toxaway Falls WWTP's monitoring report for February 2010 showed the following violations:
Parameter Date Measuring Frequency Violation
Total Residual Chlorine 02/06/2010 2 X/Week Failure to Monitor
Ammonia Nitrogen 02/28/2010 2 X /Month Failure to maintain the required
10 days between sampling
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 for the non-compliance. If the above parameter(Chlorine)
was left off inadvertently,please send an amended DMR to Raleigh at the address found on the front page of your
DMR.
DMRs for Toxaway Falls do not have the minimum required 10 days between sampling of ammonia nitrogen.
15 A NCAC 2B .0508 states: "2/month" means samples are collected twice per month with a required 10 day
interval between the collection of the samples." Please begin using the required protocol on future DMRs.
The box for"UV Disinfection"on the DMR should not be checked since chlorine is used for disinfection.
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. 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
Wesley Royal/ORC
Noo
I oaaww, Falk.5'04 tics\-::�Oit!,M -0099.(it>c orthCarolirla
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateroualitv.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
July 9.2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1277
Mr.Joe Albright,City Manager
City of Brevard
95 W. Main Street
Brevard.North Carolina 28712
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0267
Incident#201001982
Permit No. WQCS00084
Cit.v of Brevard
Brevard Collection System
Transylvania.County
Dear Mr, Albright:
A review has been conducted of Brevard Collection System's self reported Sanitary Sewer Overflows
(SSO's)5-Day Report/s submitted by the City of Brevard. This review has shown the subject facility to be in
violation of the requirements f6und in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(1). The
violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 0611"15/2010 Sanitary Sewer Overflow Discharge Without
incident#201001982 12,438 gallons Valid Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is considering
pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar
situations and respond in writing to this office within ten(10)days of receipt of this letter. If you should have
any questions,please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500.
If you have any question regarding this policy please contact your Asheville Regional Staff or Janet
Cantwell at 828-296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files, PERCS Unit
511c,non
One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org aural!
An Equal Opportunity 1 Affirmative Action Employer

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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 9,2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Albright,City Manager
City of Brevard
95 W. Main Street
Brevard,North Carolina 28712
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0267
Incident#201001982
Permit No. WQCS00084
City of Brevard
Brevard Collection System
Transylvania.County
Dear Mr. Albright:
A review has been conducted of Brevard Collection System's self reported Sanitary Sewer Overflows
(SSO's)5-Day Report/s submitted by the City of Brevard. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(]). The
violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 06/15/2010 Sanitary Sewer Overflow Discharge Without
Incident#201001982 12,438 gallons Valid Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is considering
pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar
situations and respond in writing to this office within ten(10)days of receipt of this letter. If you should have
any questions,please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500.
If you have any question regarding this policy please contact your Asheville Regional Staff or Janet
Cantwell at 828-296-4.500.
Sincerely,
1�io /V ��
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files, PERCS Unit
�. ilni;1 t IIon (-:011CCIK n`+ ,€ei N(W-_'i1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
NorthCarolina
Phone:828-296A50M FAX:[phone] Customer Service:1-877-623-6748 Naturally
�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer v/�/

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 9, 2010
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary NC 27511
SUBJECT: Compliance Evaluation Inspection
Adams Apple Condominiums WWTP
Permit No: NCO042358
Avery County
Dear Mr. Lehning:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted on May 5, 2010. The facility was found to be in
Compliance with permit NC0042358.
Please refer to the enclosed inspection report for additional observations and
comments. Additionally, please accept my apologies for the lateness of this report. If you
have any questions, please do not hesitate to call me at 828-296-4500.
Sincerely
Keith Haynes
Environmental Sr. Specialist
Enclosure
cc: Larry E Townsend, ORC
Central Files
Asheville Files
91�}lfb1£3S1'ct.J£zt'Y`,'`I,i�r.t..:1F'c,.c3.Y,,, .p}p}j(; ;n�j,�#� ,-�., 5 5n;.:.�..1!£.tY ,.;.'joE'.
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
Internet:www.ncwaterguality.org naturally

United States Environmental Protection Agency Form Approved.
EPA
^rH 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 N00042358 111 121
10/05/05 17 181 C1 191.G
I 20I
Remarks J -J J
2111IIIIIIIIIIIIII IIIIII111111111111111111IIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved----------------------
67I 169 701 I 71II 721 NI 73I 'W 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)
11:30 AM 10/05/05 07/12/01
Adams Apple Condominiums WWTP
NC Hwy 105 Exit Time/Date Permit Expiration Date
Banner Elk NC 28604 12:15 PM 10/05/05 12/09/30
Name(s)of Onsite Representative(s)lTities(s)/Phone and Fax Number(s) Other Facility Data
Larry E Townsend/ORC/704-898-9212/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Larry Lehning,1208 Kelty Ct Cary NC 27511//919-219-4467/ yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Operations&Maintenance N Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signatu
,jr
/e
/(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ _
/17
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards e ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I NC0042358 I11 12I 10/05/05 ' 17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The wwtp appeared to be operating properly. It is suggested that the permittee install some sort of steps to
facilitate safe access for the operators to get into the plant. Also note that in the past the effluent line had
developed a leak and had allowed some effluent to be discharged onto the adjacent road. The connections
on the line should be checked to assure no further leaks of that type in the future.
Page# 2

Permit: NCO042358 Owner-Facility: Adams Apple Condominiums WWTP
Inspection Date: 05/05/2010 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 00110
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ f=1
Judge,and other that are applicable?
Comment: The effluent line should be routinely checked to assure there is no leak
allowing the effluent to be discharged into the road. There should be some steps added
to allow the operator safe access to the plant.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? rl ❑ ■ n
Is the facility as described in the permit? ■ 0 n n
#Are there any special conditions for the permit? Q ❑ ■ Cl
Is access to the plant site restricted to the general public? ■ ❑ ❑ p
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ Q
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ 0 n 0
Are surface aerators and mixers operational?
nn ■ p
Are the diffusers operational? ■ ❑ Q Cl
Is the foam the proper color for the treatment process? ■ n Q
Does the foam cover less than 25%of the basin's surface? ■ ❑ Q
Is the DO level acceptable? ■ fl n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ fl ❑ n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ Cl ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ■
Are weirs level? ■ 0 ❑ 0
Is the site free of weir blockage? ■ 0 Q
Is the site free of evidence of short-circuiting? ■ ❑
Is scum removal adequate? ■ ❑
Page# 3

Permit: NC0042358 Owner-Facility: Adams Apple Condominiums WWfP
Inspection Date: 05/05/2010 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? In n ■ 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'/4 of the sidewall depth) n n n ■
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ 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? ■ 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 00
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? ■ n n n
Are tablet de-chlorinators operational? ■ n n In
Number of tubes in use? 2
Comment:
Page# 4

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 13, 2010
Mr. All Gurowski,
Executive Manager
Pine Mountain Property Owners Assn.
2885 Pine Mountain Drive
Connelly Springs, NC 28612
SUBJECT: Compliance Evaluation Inspection
Pine Mountain Lakes WWTP
Permit No: NCO036935
Burke County
Dear Mr. Gurowski:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on July 12, 2010. The facility was found to be in compliance with permit
NC0036935.
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 828-296-4662.
Sincerely,
-��Ok 6�414'L
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: James & James Env. Mgmt.
Central Files
Asheville Files
S:\SWP\Burke\Wastewater\Minors\Pine Mountain Lakes 36935\CE1.7-12-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone: [phone] FAX: [phone]\Customer Service: 1-877-623-6748 Naturallff
Internet:www.ncwaterQuality.omZ

j"-.
�,-'

United States Environmental Protection Agency Form Approved.
EPA/� Washington,D.C.20460
Cr/`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 NCO036935 Ill 121 10/07/12 117 181 CI 19I SI 20II
Remarks
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---- - ----------Reserved--------- -
671 1.0 169 701 31 711 I 72I N I 73I f � 74 751 ( 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)
Pine Mountain Lakes WWTP
10:40 AM 10/07/12 05/08/01
2885 Pine Mtn Dr Exit Time/Date Permit Expiration Date
Connellys Springs NC 28612 11:20 AM 10/07/12 10/07/31
Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Beverly L Schwing,8456 Wards Gap Rd Connellys Springs NC Contacted
28612//828-437-4894/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
-7 , 31Z01e
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cone
3I NC0036935 I11 12I 10/07/12 1
17 18H
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
The Pine Mountain Lakes- Pine Mountain Property Owners Assn. WWTP is classifed as a class II
facility and rated as a 0.020 MGD (0.0696 MGD after ATC) extended aeration WWTP (Tipton
Environmental International, Inc.)with: influent pump station; manual bar screen; 7750 gallon
flow equalization basin with Geyser air-lift pump; flow control box; 21,392 gallon aeration
basin; dual hoppered clarifiers with a total volume of 4394 gallons; 1789 gallon aerobic
digestor; tablet chlorinator; 650 gallon chlorine contact chamber; concrete junction box;
500,000 gallon polishing/chlorine dissipation pond with outlet structure; 114 feet of 12-inch
gravity line to outfall. (There is no dechlorination due to 25-day detention time in pond.)
Pine Mtn. Lakes Resort consists of:
50 homes (not on the collection system);
a hotel and restaurant(that have been closed —4 years—connected to the sewer system,
however, there are no plans to reopen these);
public& private golf course with a pro shop (on sewer system);
40 condos (5 building taps connected to sewer system);
The collection system has 6 active connections and 2 inactive connections.
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance-evaluation inspection was conducted on
3-13-2007 by Janet Cantwell
The permit expires on 7-31-2010. Your request for renewal was received by the Division on
1-19-10.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/ PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 26.5 degrees Celsius
pH = 6.9 units
Dissolved Oxygen = 2.87 mg/I
Settleable Solids = 280 ml/I = 68%
Page# 2

Permit: NCO036935 Owner-Facility: Pine Mountain Lakes VWVFP
Inspection Date: 07/12/2010 Inspection Type: Compliance Evaluation
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen = 3.2 mg/I
pH = 6.8 units
Temperature = 26.7 degrees Celsius
Chlorine = <15 ug/I
OPERATIONS AND MAINTENANCE /EFFLUENT/SUMMARY:
Ms. Juanita James, ORC contractor, assisted in the inspection. The facility appears to be well
operated and maintained.
The effluent appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report was received by the Division on 3-5-10.
Note: . According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for
submittal of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste, must provide an Annual Report to its
users or customers and to the Department of Environment and Natural Resources that summarizes
the treatment work's and collection system's performance over a 12 month period.
The System Performance Annual Report is due no later than 60 days after the end of the reporting
period.
Page# 3

Permit: NCO036935 Owner-Facility: Pine Mountain Lakes WWTP
Inspection Date: 07/12/2010 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? ■ 0
Is the facility as described in the permit? ■ n El 0
#Are there any special conditions for the permit? ❑ ■ n n
Is access to the plant site restricted to the general public? ■ ❑ ❑ 0
Is the inspector granted access to all areas for inspection? ■ ❑ 0 n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n 11
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ 0 Cl 0
Judge, and other that are applicable?
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ n
Is the basin free of bypass lines or structures to the natural environment? ■ n n
Is the basin free of excessive grease? ■ n Q Q `--'
Are all pumps present? ■ 0 ❑ n
Are all pumps operable? ■ ❑ n
Are float controls operable? ■ ❑ 0 Cl
Are audible and visual alarms operable?
nn ■ n
#Is basin size/volume adequate? ■ fl n 0
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ 0
Are surface aerators and mixers operational? n ❑ ■
Are the diffusers operational? ■ n Cl
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 \
Page# 4

Permit: NCO036935 Owner-Facility: Pine Mountain Lakes WWTP
Inspection Date: 07/12/2010 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n ❑ n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n 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 ❑
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
Is the drive unit operational? n Cl ■ 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) ■
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? 3
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
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
If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ n
Comment:
Page# 5

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 13, 2010
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Inspection-US Highway 64
DWQ Project 08-0396
TIP No. A-00I I BB
Clay County
Dear Mr. Setzer:
On July 7, 2010, I inspected the construction work on US Highway 64 in Clay County and the project appears
to be in compliance with the requirements of the 401 Certification. Construction work consists of heavy
grading, pipe installation and paving. The erosion and sedimentation control structures,vegetative covering,
and matting appear to be working properly; however, some cleaning of sediment and erosion control
structures, and seeding and mulching are needed.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are perfonned 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, r
4r�
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setzer)US Highway 64 Inspection Letter July 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NOffl11011llc`I
Internet:www,ncwatergualitv.org ����/�����
An Equal Opportunity':Affirinative Action Employer L

DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Date: July 7,2010
County: Clay Region: Asheville
DOT Division: Division 14 71
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0396 NW Permit#: —� IP
Project Name: U S Hi0wav 64 Widenina A-0011 BB
Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities (DOT): Water Quality Concerns (DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres I ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neese ❑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 Proiects
Background Info
Name of Waterway(s): Downing Creek,John Reese Branch,Byers Branch,Chatuge Lake and
unnamed tributaries to Hiwassee River
Basin/ Subbasin: Hiwassee 040501
Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US)
Stream Class: X❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-1 ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10"'acre ❑1/I I"'to 1/3`d acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Grading and pipe work is continuing. Paving has started on the west end of
the project. Sediment and erosion control structures appear to be working properly; however, some basins and
sediment control structures are need of cleaning. Seed and/or matt areas that are needed.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
US Highway 64 Inspection July 2010

AMA
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 13, 2010
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 226
DWQ Project 09-038
TIP No. B-4191
McDowell County
Dear Mr. Swain:
On June 30,2010 1 inspected the construction work on the NC Highway 226 Jacktown Creek project in
McDowell County. The detour has been constructed and the new culvert is under construction.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also, please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions, please call 1ne at 828-296-4500.
Sincerely,
X —.
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens, PE
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Swain NC Highway 226 B-4191 Inspection Letter June 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] TtTOne�t,Customer Service:1-877-623-6748 NOIrt11CiIrUllTla
Internet:wWW.nCWaterqualitV.orq r
An Equal Opportunity'•.Affirmative Action Employer �ll�lfl"RfIy

\_
i

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: June 30,2010
County: Buncombe Region: Asheville
DOT Division: Division 13 -�
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 09-0385 NW Pen-nit#: IP#:
Project Name: TIP No. B-4191
Location of Project: NC 226 south of 1-40 in McDowell 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 ❑ 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: ❑Meuse ❑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): Jacktown Creek
Basin/Subbasin: CTB 030830
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-W ❑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❑1/1it'to 1/3`d acre
❑1/3`d-to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Work is underway at the bridge construction site with the temporary detour being installed just downstream of
the bridge. Construction of the new culvert is underway and the stream has been rerouted around the work site.
Sediment and erosion control structures appear to be in good condition and working properly.
Continue to maintain erosion control devices and continue with seeding and mulching as required.
NC 226 TIP B-4191 June 2010 Inspection Report

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 13, 2010
Mr. John David Wall
NC Outward Bound School
2582 Riceville Road
Asheville,North Carolina 28805
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0100
Permit No. NCO040754
NC Outward Bound School WWTP
Burke County
Dear Mr. Wall:
A review of NC Outward Bound School's monitoring report for March 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
DO, Oxygen, Dissolved 03/06/2010 Weekly Failure to Monitor
Solids, Total Suspended 03/06/2010 Weekly Failure to Monitor
BOD, 5-Day 03/06/2010 Weekly Failure to Monitor
Coliform, Fecal MF 03/06/2010 Weekly Failure to Monitor
Flow 03/06/2010 Weekly Failure to Monitor
pH 03/06/2010 Weekly Failure to Monitor
Temperature 03/06/2010 Weekly Failure to Monitor
Chlorine,Total Residual 03/06/2010 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 for the non-compliance. If the above parameters were left off
inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR.
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. 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
i
DWQ Central Files
;:.
ti,i r•. .t. i?,ti';n.. _ t ..:ri I I ,:. , i � .,t r i=.{:,.,:.<s: One
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatergualitv.org FAX [phone] 1-877-623-6748

Amr�
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 13, 2010
Mr. Rick Spurling, Assistant Superintendent
Mitchell County Board of Education
72 Ledger School Road
Bakersville,North Carolina 28705
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0019
Permit No. NCO066737
Mitchell High School WWTP
Mitchell County
Dear Mr. Spurling:
A review of Mitchell High School WWTP's monitoring report for March 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 03/09/2010 35 mg/1 35.48 mg/I Daily Maximum
(as N)-Concentration Exceeded
Fecal coliform 03/09/2010 400 #/ 100m1 > 60 #/ 100ml Improper reporting
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 Ammonia Nitrogen 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.
Use of"Greater Than" Values
Such values are only expected(infrequently) in the reporting of Fecal Coliform and(even less frequently)
BOD. It is a violation of reporting rules to report a Fecal Coliform value of"Too Numerous To Count"(TNTC).
For fecal coliform, "greater than"(> ##,###) values denote at least one, and possibly all volumes of the evaluated
sample yielded results outside the method range for accurate counting of the colonies of bacteria (or TNTC).
Laboratories should perform enough dilutions to the sample to produce a discreet number as the result of testing. f a
"greater than"value is reported, the numeric portion of the value should be sufficiently high so as to make the facility
aware of the extent of any problems with disinfection.
NofthCarolina
Altura!!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] 1-877-623-6748

Mr. Rick Spurling
July 13,2010
Page 2
For both fecal coliform and BOD, the generation of a "greater than value usually occurs when
characteristics of the effluent differ from what is normally discharged. If laboratories "Setup"the test procedures
based upon normal conditions, they may not have the capacity to get an accurate measurement of higher fecal
coliform or BOD concentrations, hence the reported "greater than"value. If you are suspicious or aware of
conditions at your plant that cause you to believe effluent pollutant concentrations are beyond their normal levels,
you should inform your laboratory of your concern so modifications to testing procedures can be made.
Please contact Gary Francies (828-296-4677) of the DWQ Laboratory Certification Branch for proper
laboratory reporting procedures for the parameter Fecal coliform.
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,
A�?
G6)rC,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Tony Crowder/ORC
Gary Francies/DWQ Lab Certification
Slyl'"-lnth�- k :1. t;,t r I!.0 :."11iiflcl 1iigil ;'i;,,, 7 N,'Y ;0!o-1 %)oI da.

or?Ar
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, 2010
Mr. Charlie Hume
Biltmore Park Association
P.O. Box 5355
Asheville,NC 28813
Subject: 401 Water Quality Certification - Approval
Biltmore Park HOA—Trail System
DWQ Project# 03-0518 v2
Buncombe County
FRB /UT Ducker Creek/ 6-63 / C
Dear Mr. Hume:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
,Approval has been granted to place fill within or otherwise impact 183 feet of stream for the purpose of bank
stabilization (w/J-Hook), bridge stabilization, and culvert removal/bank stabilization at the subject property.
This approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and City of
Asheville/Buncombe County 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 NOrthCarofina
An Equal Opportunity 1 Affirmative Action Employer 411 gtlll'lxlly

Mr.Hume
July 14,2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 183 (feet), est. total PCN Application and
Supplemental Information
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4500.
Sincerely,
Coleeri H. Sullins, Director
CHS/saw -'
Enc: GC3689
Certificate of Completion
cc: Tasha McCormick, USACE Asheville Regulatory Field Office
Clement Riddle, ClearWater Environmental
401 Permitting Unit-Central Office
ARO File Copy
S:\SWP\Buncombe\401s\Non-DOT\Biltmore Park HOA\APRVL.401Biltmore Park HOA.07 2010.doc

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 15, 2010
John A. and Jennifer A Owens
3225 Lake Tahoma Road
Marion,North Carolina 28752
Subject: Site Visit to Owens Cabin Property and Access Road along NC80
Long Branch (WSII, B, Tr)
PIN# 0783-59-3304
McDowell County
Dear Messrs Owens:
On July 14, 2010, Mr. Jason Fulton and myself conducted a site visit on your road maintenance
activity for the access road up to your cabin. The stream in question is Long Branch(classified
as Water Supply II (WSII), B, Trout(Tr)).
The maintenance of an existing roadway within the water supply buffer is an allowed activity
under the Administrative Code of North Carolina(15A NCAC 02B .0214). During the site visit,
the purpose and need for this maintenance activity was discussed and Best Management Practices
(BMP's) were discussed.
This office has no concerns with the activity as is being performed and work may continue at any
time. Should you have any questions, please do not hesitate to contact me at 828-296-4657.
Sincerely,
Kevin H. Barnett
Environmental Specialist
Asheville Regional Office
cc: Ronald H. Harmon, McDowell County Planning Administrator
Thomas Hollifield, Lake Tahoma, Inc
Jason Fulton, NC Division of Land Resources
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
_ Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCa.rolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 !/
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity i 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
July 15, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Decker
Tov n of Franklin
P.U. Box 1479
F`ran.klin. North Carolina 28744
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and WWTP permit NC0021547
(incident # 201000441)
Town of Franklin
Franklin WWTP
Case No. PC-2010-0065
Macon County
Dear Mr. Decker:
This letter transmits an assessment of civil penalty in the amount of$2,067.00 ($2,000.00 civil
penalty+ $67.00 enforcement costs) against the To�Nm of"Franklin.
This assessment is based upon the following facts: a review has been conducted of the WWTP By-
pass (of 400,000 gallons of untreated sewage) 5-Day Report submitted by the Fown of Franklin.
This review has shown the subject facility to be in violation of the requirements found in
Wastewater Treatment Permit N00021547 and G.S. 143-215.l(a)(1). The violation that occurred
is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Franklin violated the
terms, conditions or requirements of the WWTP Permit NCO021547 and G.S. 143-215.1(a)(1) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Franklin.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 t� /��
Internet: www.ncwaterquality.org �aL `Na
` An Equal Opportunity 1.Affirmative Action Employer

$2,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit#
NC0021547 for the By-pass of 400,000 gallons of untreated sewage
from the wastewater treatment facility.
$2,000.00 TOTAL CIVIL PENALTY
$67.00 ENFORCEMENT COST
$2,067.00 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:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to the

Water Quality at the address listed below. In determining whether a remission request
. 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
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request. Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Roger C. Edwards. Regional Supervisor
Division of Water Quality
2090 US 1-1 ighway 70
Swannanoa, North Carolina 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
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 61
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Janet Cantwell of the Water Quality Section staff of the Asheville Regional
Office at 828-296-4500.
I atc Roger Edwards
Water Quality Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
PERCS Unit Enforcement File w/attachments -
Public Information Officer
u��- -,t,.rzt:,r t �sfvv<.,tr;PP1.,�,.�:i ai\Fr a r.klia�N bN T: 1. - ,F 1 �;1G -)0sa or:,

OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF FRANKLIN )
)
PERMIT NO. NCO021547 ) FILE NO. PC-201.0-0065
Having been assessed civil penalties totaling $2.067.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 15, 2010, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2010-0065 County: MACON
Assessed Party: The 'OWN OF FRANKLIN
Permit No.: NC0021547 Amount Assessed: $2.067.00
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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Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
7 Coleen H.Sullins,Director
�—� Division of Water Quality
July 15,2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Larry Callicutt
Town of Bryson City
11.0. Box 726
Bryson City, North Carolina 28713
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00170
Incident# 201.0016M
town of Bryson City
Bryson City Collection System
Case No. DV-2010-0070
Swain County
Dear Mr. Callicutt:
This letter transmits an assessment of civil penalty in the amount of$567.00 ($500.00 civil penalty
+ $67.00 enforcement costs) against the Town of Bryson City.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow (SSO) (of 7,500 gallons of untreated sewage) 5-Day Report submitted by the
Town of Bryson City. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00170 and G.S. 143-215.1(a)(1). The
violation that occurred is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Bryson City violated
the terms, conditions or requirements of Collection System Permit WQCS00170 and G.S. 143-
215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums
established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates
the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Bryson City.
All 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

$500.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit#
WQCS00170 for a Sanitary Sewer Overflow of 7,500 gallons of `--
untreated wastewater from the collection system.
$500.00 TOTAL CIVIL PENALTY
$67.00 ENFORCEMENT COST
$567.00 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.
` V
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention
of:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a

:on and agreement that no factual or legal issues are in dispute. Please prepare a detailed
.;ment 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
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Roger C. Edwards, Regional Supervisor
Division of Water Quality
2090 US Hwy 70
Swannanoa, North Carolina 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings

accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except fL.>
official state holidays. The original and one (1) copy of the petition must be filed with the Office'
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,NC 27699-1617
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Janet Cantwell of the Water Quality Section staff of the Asheville Regional
Office at 828-296-4500.
D to R ger '. Edwards
Water Quality Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
PERCS Unit Enforcement File w/attachments
.}V5 .!kxt i;.rr .a('qv Ilid[coii or j,r([,W1)",.20i ,. il?rvi:r!nr
i

OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF SWAIN
TOWN OF BRYSON CITY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
ADMINSTRATIVE HEARING AND
BRYSON CITY COLLECTION SYSTEM ) STIPULATION OF FACTS
PERMIT NO. WQCS001.70 ) FILE NO. DV-201.0-0070
Having been assessed civil penalties totaling $567.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 15, 2010, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0070 County: SWAIN
Assessed Party: TOWN OF SRYSON CITY -
Permit No.: WQCS00170 Amount Assessed: $567.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Ju1v 16, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. harry Callicutt
Town of Bryson City
P.O. Boy: 726
Bryson City, North Carolina 28713
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and WWTP Permit NC0 026557
Incident 4 201,00145.5
Town of Bryson City
Bryson City WWTP
Case No. DV-2010-0071
Swain County
Dear Mr. Callicutt:
This letter transmits an assessment of civil penalty in the amount of$2,067.00 ($2,000.00 civil
penalty+ $67.00 enforcement costs) against the Town of Bryson City.
This assessment is based upon the following facts: a review has been conducted of the By-pass (of
300,000 gallons of untreated wastewater) 5-Day Report submitted by the Town of Bryson City.
This review has shown the subject facility to be in violation of the requirements found in WWTP
Permit NC0026557 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Bryson City violated
the terms, conditions or requirements of WWTP Permit NCO026557 and G.S. 143-215.1(a)(1) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Bryson City.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOf thCa.rolina.
Phone:[phone] FAX:[phone] I Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org ;Vahzrallff
An Equal Opportunity„Affirmative Action Employer
J

$2,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit#
NC0026557 for the By-pass of 300,000 gallons of untreated
wastewater from the wastewater treatment facility.
$2,000.00 TOTAL CIVIL PENALTY
$67.00 ENFORCEMENT COST
$2,067.00 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:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to the

-/n of Water Quality at the address listed below. In determining whether a remission request
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
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Roger C. Edwards.. Regional Supervisor
Division of Water Quality
2090 US Hwy. 70
Swannanoa, North Carolina 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
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 or
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number (as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Janet Cantwell of the Water Quality Section staff of the Asheville Regional
Office at 828-296-4500.
ate er . Edwards
Water Quality Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
PERCS Unit Enforcement File w/attachments
Public Information Officer

OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF SWAIN
TOWN OF BRYSON CITY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BRYSON CITY WWTP )
PERMIT NO.NC0026557 ) FILE NO. DV-2010-0071
Having been assessed civil penalties totaling $2.067.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 16, 2010. the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0071 County: SWAIN
Assessed Party: TOWN OF I3RYSON CITY
Permit No.: NC0026557 Amount Assessed: $2,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
July 16, 2010
Mr. Chase Harper, Vice President
Nantahala Village Inc.
9400 Hwy 19 West
Bryson City, NC 28713
SUBJECT: Compliance Evaluation Inspection
Nantahala Village Inc. WTP
Permit No: NCO037737
Swain County
Dear Mr. Harper:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on July 13, 2010. The facility was found to be in compliance with permit
NC037737.
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 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\CEI.7-13-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NooAllCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwatercluality.org

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 11 NCO037737 Ill 121 10/07/13 117 181 CI 19I SI 20I I
Remarks
211III 6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------Reserved-----------
671 1.0 169 701 31 711 I 721 NJ 73 LU 74 75I 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)
10:00 AM 10/07/13 07/11/01
Nantahala Village
9400 U S Hwy 19 W Exit Time/Date Permit Expiration Date
Bryson City NC 28713 01:30 PM 10/07/13 12/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
John Michael Awtrey/ORC/828-226-3150/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Chase Harper,9400 Hwy 19 w Bryson City NC 28713//828-508-2648/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
r
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
JS�� XA
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.
3' NC0037737 11 12I 10/07/13 17 18IC'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
WWf P:
The Nantahala Village Inc. WWTP is a 0.0078 MGD VWVfP with: gray water flow from multiple septic
tanks; three 3000 gallon storage septic tanks; a 2300 gallon dosing tank with automatic siphon
and counter(2300 gallons per dump);4-inch pvc manifold header; three surface sandfilter beds
with nine 2-inch pvc perforated dosing laterals (for initial dose) per bed (1225 sq ft ea);
4-inch pvc filter collection line; a collection pump tank(with grating and tarp cover to keep
out sun, grass and tree litter); two submersible 5 HP recirculation pumps; vertical gate valve;
below ground vault with metal hatch housing 3 recirculation valves (SV1, SV2, SV3), a 4-inch
drain valve (SV4) and pvc pipes to the recirculation laterals and microspray nozzles on '/-inch
dia. pvc risers (recirculates 2300 gallon batch through microspray nozzles for 4 cycles,
spraying each of the beds separately; recirc. ratio is typically— 70-80%)with laterals sloped
to manifold; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; and 4-inch pvc
effluent discharge line.
Recirculation sequence: The sequence starts when the dosing tank automatic siphon discharges liquid to
the sand filters resulting in a high level in the recirculation tank, as detected by a float
switch (LSH). Timer#1 starts on a 30 minutes "on" cycle and opens sand filter bed#1
recirculation valve (SV1). At the end of the 30 minute cycle, timer#1 closes SV1 and timer#2
starts a 30 minutes "on" cycle and opens sand filter bed#2 recirculation valve (SV2). At the
end of the 30 minute cycle, timer#2 closes SV2 and timer#3 starts a 30 minutes "on" cycle and
opens sand filter bed#3 recirculation valve (SV3). The cycles are repeated until the level in
the recirculation tank decreases to the actuation point of float switch LSL. At that point, the
pumps stop and will not restart until the level increases to float LSH. (McGill Asso. 1996) t
Freeze Protection: Only periods where the ambient temperatures are below 40' F, valve PV8 is not
energized (opened)to permit spray nozzles to drain. Otherwise, the valve will remain energized
and closed. During power failure, PV8 will not be energized, and therefore, open.
Collection System: Nantahala Village consists of 5 sewer connections, as well as, the following:
Private homes; cottages; condos; pool; recreational hall; day spa; Granny's (winter) cottage
(#34); 3 Historic cottages (#35-37)—all with conventional septic tanks & nitrification
fields—not on sewer system;
Lodge, Registration/Administrative Office& Restaurant—with grease trap and two septic tanks
- gray water discharge to sewer system;
4 cabins (#14-17)—with 1 septic tank—gray water discharge to sewer system;
4 cottages (#41-44) -with 1 septic tank—gray water discharge to sewer system; and
6 cabins (#48-53) -with 2 septic tanks—gray water discharge to sewer system.
Page# 2

Permit: NCO037737 Owner-Facility: Nantahala Village
Inspection Date: 07/13/2010 Inspection Type: Compliance Evaluation
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
6-11-2008 by Janet Cantwell
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 daily operator log was present on-site and had good notation of daily field testing data,
temperatures and events.
OPERATIONS AND MAINTENANCE:
The resort's restaurant had recently been inspected by the Swain County Health Department and
triggered a review of the WWTP. The inspectors observed problems at the WWTP and contacted DWQ.
Ms. Linda White, Director of the Swain County Health Department, Mr. Charles Regan and Mr.
Brent Jones, Sanitarians, were onsite during part of the inspection to discuss concerns
regarding the proper operation and maintenance of this system.
Recent rewiring of the electrical circuit board that controls the two recirculation pumps, had
taken place, as a result of those pumps having to be rewound every 1 to 1.5 years.
During this repair, the recirculation flow was distributed to the sand filter beds using a
manual pump, causing some ponding. Grass had overgrown areas of the sand filter beds.
Observations made and photos taken during the DWQ inspection indicated that the following issues
had been corrected.
The rewiring of the electrical circuit board, that controls the recirculation pumps,
restored proper flow distribution and operation of the microspray nozzles.
The surface of the sand filter beds had been thoroughly cleared of vegetation and
scum layer.
The sand had been raked and releveled.
The 2-inch perforated pvc initial dose laterals and low pressure recirculation laterals
had been releveled, straightened and staked.
The septic tanks had been pumped, as requested by the Swain County Health Department.
The owner was reminded of the importance of maintaining the sand in the sand filter bed,
by keeping the flows evenly distributed; keeping the sand free of vegetation, scum
layer, ponding; and periodically raking/releveling the sand.
Page# 3

Permit: NCO037737 Owner-Facility: Nantahala Village
Inspection Date: 07/13/2010 Inspection Type: Compliance Evaluation
EFFLUENT:
As a result of pumping the series of septic tanks, there was no flow coming into or leaving the
plant during the time of this inspection.
At the inspector's request, Ms. Elizabeth Wike, of Environmental Inc. (certified laboratory,
field testing and contract operations firm), pulled a grab sample from the dechlorination basin
and performed the following field tests.
Dissolved Oxygen = 5.8 mg/I
pH = 6.8 units
Temperature =27.1 degrees Celsius
Chlorine= 33 ug/I
The effluent was very clear, as evidenced by seeing through to the bottom of the chlorine
contact chamber. The appearance of the effluent indicated compliance with permit limits.
SUMMARY:
Mr. Chase Harper, Vice-President and Mr. Mike Awtrey, ORC, assisted in the inspection.
Environmental Inc., contract operations firm, is the back-up ORC.
The facility now appears to be operating well.
Page# 4

Permit: NCO037737 Owner-Facility: Nantahala Village
Inspection Date: 07/13/2010 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? 0 n ■ n
Is the facility as described in the permit? ■ Q n
#Are there any special conditions for the permit? n ■ n 0
Is access to the plant site restricted to the general public? n ■ o
Is the inspector granted access to all areas for inspection? ■ n n ❑
Comment: The WWTP is located off of Village Pond Road in the Village Cove
Community,just off of US Hwy 19 West in Bryson City.
The WWTP is set back in a field just off of this remote gravel road. There are no site
restrictions.
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ fl [I
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■
Judge, and other that are applicable?
Comment:
Septic Tank Yes No NA NE
(If pumps are used) Is an audible and visual alarm operational? ❑ n ■ Cl
Is septic tank pumped on a schedule? ■ n n n
Are pumps or syphons operating properly? ■ n n n
Are high and low water alarms operating properly?
nn ■ n
Comment:
Sand Filters (Low rate) Yes No NA NE
(If pumps are used) Is an audible and visible alarm Present and operational? ■ Q n 0
Is the distribution box level and watertight? ❑ n ■ Cl
Is sand filter free of ponding? ■ fl ❑ ❑
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? ■ n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ■ 0 n 0
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n 0 n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Page# 5

Permit: NC0037737 Owner-Facility: Nantahala Village
Inspection Date: 07/13/2010 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ n In 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? 5
Comment:
Page# 6

AriA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.,everly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
July 19, 2010
Mr. William A. Barrett
Environmental Supervisor
NC Department of Transportation
Natural Environment Unit
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Subject: NCDOT TIP U-255I, Burke County
Unnamed tributaries to Hunting Creek in the Catawba River Basin, 030831,Class
WS-IV Waters
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)
Dear Mr. Barrett:
On May 19, 2010, at your request and in your attendance, Mike Parker,NC Division of Water Quality
(NCDWQ) staff, conducted an on-site determination to review drainage features located north and south
of Interstate 40 near the intersection of NCSR 1922 (Enola Road)for applicability to the mitigation rules
(15A NCAC 2H. 0506(h)). The following drainage features are approximated on the attached map
initialed and dated June 21, 2010.
NCDWQ has determined that the stream features labeled as an unnamed tributary to Hunting Creek, in an
area between Government Road and Interstate 40, has been determined to be intermittent from a nick
point near a large tree, south to the culvert under Interstate 40. The drainage feature above the nick point
has been determined to be ephemeral.
NCDWQ has determined that the stream features on the south side of Interstate 40 on the grounds of the
J. Iverson Riddle Development Center to be perennial.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not
approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts
to wetlands, streams and buffers must comply with the 404/401 regulations, water supply regulations
(15A NCAC 2B .0216), and any other required federal, state and local regulations.
The owner(or future owners) or pennittee should notify NCDWQ(and other relevant agencies)of this
decision in any future correspondences concerning this property and/or project. This on-site
determination shall expire five(5)years from the date of this letter.
SURFACE WATER PROTECTION SECTION-Asheville Regional Office One
20)0 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NorthCarohna
Phone:[phone] FAX:[phone] f y+ //
Customer Service:1-877-623-6748 atural�ly
Int,met:www.ncwaterquality.org
An Equal Opportunity',Affirmative Action Employer

Mr. William A. Barrett
July 19,2010
Page Two
Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation rules may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Brian Wrenn,NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650, Individuals that dispute a determination by NCDWQ or Delegated Local Authority that
"exempts"a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party(including downstream and adjacent
landowners) is notified of this decision. NCDWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. 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
determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call me at 828-296-4500 or
at [e-mail].
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment:
cc: Dave Baker, USACE—Asheville Regulatory Field Office
Transportation Permitting Unit
Mike Parker-ARO
Stream Call for U-2551,Burke County

AGA
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 19,2010
Ms. Elizabeth Scherrer, Senior Specialist
PBS &J
1616 East Millbrook Road, Suite 310
Raleigh,North Carolina 27609
Subject: NCDOT TIP I-2513, I-26 Connector, Buncombe County
Unnamed Tributaries to the French Broad River and Wetlands in the French Broad
River Basin, 040302, Class C Waters
On-Site Determination for Applicability to the Mitigation Rules(15A NCAC 2H .0506(h)
Dear Ms. Scherrer:
On April 29, 2010, at your request and in your attendance, Mike Parker,NC Division of Water Quality
(NCDWQ) staff, conducted an on-site determination to review drainage features located along the
western side of US Highway 19/23/I-26, south of Interstate 40 on the Biltmore Estate and west of
Interstate 26 near Hominy Creek for applicability to the mitigation rules(15A NCAC 2H. 0506(h)). The
following drainage features are approximated on the attached maps initialed and dated July 19, 2010.
Wetlands 9C and I OC Removed from Study Area
Stream 3C Perennial on Biltmore Estate
Stream 4C Intermittent on Biltmore Estate
Streams UT2c to Hominy Creek Perennial adjacent to I-26
To the best of my knowledge NCDWQ was not involved in any of the other stream and wetland
determinations that have been made by the US Army Corps of Engineers. It may be necessary for
NCDWQ to review these sites and make stream determinations in the future.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not
approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts
to wetlands, streams and buffers must comply with the 404/401 regulations, water supply regulations
(15A NCAC 2B .0216), and any other required federal, state and local regulations.
The owner(or future owners)or permittee should notify NCDWQ(and other relevant agencies)of this
decision in any future correspondences concerning this property and/or project. This on-site
determination shall expire five (5)years from the date of this letter.
Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation rules may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Brian Wrenn,NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
JRFACE WATER PROTECTION SECTION-Asheville Regional Office One 1 1
209)U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOr C11Gc`�.1'011na
Phone:[phone] FAX:[phone] t/fit+ rr
Customer Service:1-877-623-6748 atu allff
Inte"net:www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Ms.Elizabeth Scherrer
July 19,2010
Page Two
NC 27699-1650. Individuals that dispute a determination by NCDWQ or Delegated Local Authority that
"exempts"a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party(including downstream and adjacent
landowners) is notified of this decision. NCDWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. 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
determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call me at 828-296-4500 or
at [e-mail].
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment:
cc: Dave Baker, USACE—Asheville Regulatory Field Office
Jeff Hemphill-NCDOT-PEDA
Transportation Permitting Unit
Mike Parker-ARO
Stream Calls for I-2513,1-26 Connector,Buncombe County

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 19,2010
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-NCSR 1121
Bridge No. 162
TIP No. B-5231
Yancey County
Dear Mr. Swain:
On July 15, 2010 I inspected the construction work on Bridge No. 162 on NCSR 1121 over Price Creek in
Yancey County. The inspection found the Sediment and Erosion Control Structures to be in good condition.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker .
Environmental Senior Specialist
Attachment
cc: Garry Moore, RLS
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Swain NCSR 1121 B-5231 Inspection Letter July 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] 7�TOne
Customer Service:1-877-623-6748 NOrkh C arol Ina
Internet www.ncwatergualitv.org
An Equal Opportunity':Affirmative Action Employer � ������✓

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: July 15,2010
County: Buncombe Region: Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: NW Permit#:� IP#:
Project Name: TIP No. B-5231
Location of Project: Bridge 162 is located approximately 2.3 miles south of the intersection of NCSR 1126
and NC 1121 in Yancey County
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
❑ 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
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other Fill
Additional Wetland Impacts: ❑yes ❑ no Estimated Acres
❑ Zone I 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 ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Price Creek
Basin/ Subbasin: FBR 040306
Wetland Type: ❑Isolated ❑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 ❑SA ❑CA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
No Permit Applied FOR ❑Riprap Inlet/Outlet Stabilization
❑Fill
Authorized Wetland Impacts: Flo_ 1/10`h acre ❑1/11 th to 1/3 rd acre
❑1/3`dto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet ❑> 150 linear feet
Work is underway at the bridge construction site. Approximately one half of the new bridge has been
completed. Construction was underway for new approaches. Traffic should be on the new bridge in
approximately two weeks.
Project appeared to be in good condition. Sediment and Erosion Control Devices Appeared to be working
properly.
Continue to maintain erosion control devices and continue with seeding and mulching as required.
B-5231 NCSR 1121 Yancey County /

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 19, 2010
Mr. James Rice
Appalachian Stove
329 Emma Road
Asheville, NC 28806
SUBJECT: Compliance Evaluation Inspection
North View Mobile Home Park WWTP
Permit No: NCO067342
Buncombe County
Dear Mr. Rice:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on July 8, 2010. The facility was found to be in compliance with permit
NC0067342.
Please refer to the enclosed inspection report for additional observations, comments and the
items needing immediate action. If you or your staff should have any questions, please call me
at 828-296-4662.
Sincerely,
�l
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Jim Queen, ORC
Central Files
Asheville Files
S:\SWP\Buncombe\Wastewater\Minors\North View MHP 67342\CEI.7-8-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ne
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOoA11Carolina
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.org <5�-N

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460
� OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NC0067342 111 121 10/07/08 117 1811 191 sI 201 1
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------Reserved------- ---
671 169 701 31 71 I_I 721 NJ 73 W 74 751 I I I ( I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
North View Mobile Home Park 09:00 AM 10/07/08 05/07/01
Newstock Rd Off 25-70 Exit Time/Date Permit Expiration Date
Asheville NC 28806 10:30 AM 10/07/08 10/06/30
Name(s)of Onsite Representative(s)/Titles(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 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/
Signature of Management Q A Reviewer f' Agency/Office/Phone and Fax Numb, rs Date
A 0
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont:",
3I N000672 (11 12I 10/07/08 I17 18
34 '0I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
WWTP: The Eaven Brice Partnership- Northview Mobile Home Park WWTP (Flat Creek Utilities LLC) is a
class II facility rated as a 0.032 MGD (0.050 after ATC) extended aeration WWTP with: manual bar
screen; aeration basin with sludge return; distribution box allowing activated sludge to be fed
to either the circular center-fed clarifier with sludge return or the old hopper-style
rectangular clarifier; aerobic digestor; tablet chlorinator with chlorine contact chamber;
tablet dechlorinator with dechlorination chamber.
Expansion:
There are plans for expanding to a 0.050 MGD WWTP by converting the old WWTP plant to flow
equalization; installing a new mechanical rotating bar screen; installing a used (old Osseroga/
Lake Ravenal) package WWTP; using existing circular center-fed clarifier with sludge return;
aerobic digestor; and tablet chlorinator with chlorine contact chamber; tablet dechlorinator
with dechlorination chamber.
A to C:
The Authorization to Construct request(#067342A01), plans &specs were received on 4-6-09. A
request for additional information letter, dated 3-31-10, was sent to Mr. Rice& Mr. Health
Dobson, P.E. (at Dobson Engineering; 239 Sheffield Road; Greer, SC 29651).
80/20 letter:
A Demonstration of Future W/W Treatment Capacities letter was sent 5-20-05, indicating that for
the calendar year 2004, the average flows were 0.027 MGD, which was 84.01% of capacity.
Flat Creek Utilities LLC (NCUC#W 1272)was established (-2009) and all of the mobile homes were placed
on individual water meters. As a result, the flows to the WWTP have decreased.
PERMIT/INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
7-21-09 by Wanda Frazier and Roy Davis.
The permit expires on 6-30-10. Your request for a permit renewal was received by the Division
on 2-11-10.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 24.8 degrees Celsius
pH =6.8 units
Page# 2

Permit: NCO067342 Owner-Facility: North View Mobile Home Park
Inspection Date: 07/08/2010 Inspection Type: Compliance Evaluation
Settleable solids = 85% --- Please have the plant pumped to remove excess MLSS.
Dissolved Oxygen operating range = 1.00 mg/I with the blowers on; cycling to 0.25 mg/I
with the blowers off during the anoxic cycle.
*Note: To meet effluent ammonia limits, this plant is operated as an oxygen controlled
WWTP utilizing aerobic and heterotrophic bacteria to achieve nitrification and
denitrification. Aerobic bacteria thrive in 1-4 mg/I DO conditions and heterotrophic
bacteria live in 0 ppm DO conditions. The DO levels are automatically adjusted by
continuously monitoring DO levels in the aeration basin in conjunction with the
operation of the blowers.
CLARIFIER:
The clarifier weirs had been leveled since the previous inspection.
In addition, the scrapper arm had been improved, to allow better removal of floating material.
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen = 0.75 mg/I (no DO limit)
pH = 6.8 units
Temperature=23.2 degrees Celsius
Chlorine = 15 ug/I
OPERATIONS AND MAINTENANCE/ EFFLUENT/ SUMMARY:
Mr. Jim Queen, ORC, assisted in the inspection. Mr. Queen and Mr. Bruce Edwards, MHP
Maintenance staff, operate and maintain the facility.
The effluent appeared to be in compliance with permit limits.
NEEDED ITEM:
A new sludge pump is needed to replace the old one, which is currently out of service (worn
out). This pump is critical to the daily operation and maintenance of the chlorine contact
chamber, as it is used to remove solids and prevent their discharge to the creek, as well as to
pump excess solids from the aeration basin (MLSS).
Please replace this pump immediately.
Page# 3

Permit: NCO067342 Owner-Facility: North View Mobile Home Park
Inspection Date: 071081201D Inspection Type: Compliance Evaluation
SYSTEM PERFORMANCE ANNUAL REPORT:
The 2009 System Performance Annual Report has not been received.
Please submit this report as soon as possible.
Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal
of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste, must provide an Annual Report to its
users or customers and to the Department of Environment and Natural Resources that summarizes
the treatment work's and collection system's performance over a 12 month period.
The System Performance Annual Report is due no later than 60 days after the end of the reporting
period.
A
j
Page# 4

Permit: NCO067342 Owner-Facility: North View Mobile Home Park
Inspection Date: 07/08/2010 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? 0 0 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
Is the inspector granted access to all areas for inspection? ■ D n n
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ 00
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge IN n n 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 n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? 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 n
Are surface aerators and mixers operational? n ❑ 0 n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n 0
Does the foam cover less than 25%of the basin's surface? n ❑ n
Is the DO level acceptable? n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) n ❑ ■ n
Page# 5

Permit: NCO067342 Owner-Facility: North View Mobile Home Park
Inspection Date: 07/08/2010 inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment: This plant is operated as an oxygen controlled WWTP utilizing aerobic and
heterotrophic bacteria to achieve nitrification and
denitrification. Aerobic bacteria thrive in 1-4 mg/1 DO conditions and heterotrophic
bacteria live in 0 ppm DO conditions. The
DO levels are automatically adjusted using a DO probe with a continuous reading
monitor.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n fl
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ 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? ■ ❑ ❑
Is scum removal adequate? ■ 0 Q n
Is the site free of excessive floating sludge? ■ n n fl
Is the drive unit operational? ■ 0 n n
Is the return rate acceptable(low turbulence)? 0 0 0 0
Is the overflow clear of excessive solids/pin floc? ■ n 0 n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n ❑ I_l
Comment: The weirs had been leveled since the previous inspection.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ n 11
Are the tablets the proper size and type? ■ ❑ ❑ n
Number of tubes in use? 4
Is the level of chlorine residual acceptable? ■ ❑ n n
Is the contact chamber free of growth, or sludge buildup? ■ ❑ n 0
Is there chlorine residual prior to de-chlorination? ■ n Cl n
Comment:
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? n Cl ■
Is storage appropriate for cylinders? ❑ n ■ n
#Is de-chlorination substance stored away from chlorine containers? ❑ n ■ n
Page# 6

Permit: NC0067342 Owner-Facility: North View Mobile Home Park
Inspection Date: 07/08/2010 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Comment:
Are the tablets the proper size and type? ■ 0 t1 n
Are tablet de-chlorinators operational? ■ Q ❑ ❑
Number of tubes in use? 3
Comment:
Page# 7

`J.
�.__�

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
July 19, 2010
Capital Land Group, LLC
Larry Bragg
1055 Carpenter Drive
Lincolnton, NC 28092
Subject: 401 Water Quality Certification - Approval
Project Name: Forest Creek Subdivision
DWQ Project# 20100297
Caldwell County
CTB /Mulberry Creek and Benbo Branch/ 11-38-32-(15) and 11-38-31-1 / Class C
Dear Mr. Bragg:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise permanently impact 65 feet of streams and
temporarily impact 165 feet of streams for the purpose of residential development at the subject property. This
approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3821. This Certification allows
you to use Nationwide Permit 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 Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Stormwater
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 T North
Carolina
828-296A50M FAX:[phone] Customer Service:1-877-623-6748 olle
Orl11CaI Ohilc�
Internet:www.ncwatergLiality.org N
An Equal Opportunity 1 Affirmative Action Employer

Larry Bragg ���
July 19,2010
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Stream 16 (feet) S I P
Stream 24 (feet) S I T
Stream 40 (feet) S2T
Stream 26 (feet) S3T
Stream 38 (feet) S4T
Stream 29 (feet) S5T
Stream 8 (feet) S6T
Stream 49 (feet) S6P
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS11sw
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
Jeffrey Swartz
585 B and T Lane
Taylorsville,NC 28681
S:\SWP\Caldwell\401s\Non-DOT\Forest Creek Development\Approval_ForestCrk.July20lO.doc

WA
4 1
A1r
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, 2010
Mr. Aaron Hamlin
Wedgefield Acres Mobile Home Park
558 Pond Road
Asheville,Norht Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0020
Permit No. NCO062634
Wedgefield Acres MHP WWTP
Buncombe County
Dear Mr. Hamlin:
A review of Wedgefield Acres MHP WWTP's monitoring report for February 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 02/24/10 400#/100m1 560#/100ml Daily Maximum Exceeded
Broth,44.5C
Parameter Date Measuring Frequency Violation
Flow, in conduit or thru treatment 02/01/2010 Continuous Failure to Monitor
plant
Flow, in conduit or thru treatment 02/03/2010— Continuous Failure to Monitor
plant 02/10/2010
Flow, in conduit or thru treatment 02/12/2010- Continuous Failure to Monitor
plant 02/17/2010
Flow, in conduit or thru treatment 02/19/2010— Continuous Failure to Monitor
plant 02/23/2010
Flow, in conduit or thru treatment 02/25/2010— Continuous Failure to Monitor
plant 02/28/2010
NorthCarolina
,Vaturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality ora FAX [phone] 1-877-623-6748

Mr. Aaron Hamlin
July 20, 2010
Page 2
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 Fecal coliform 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.
Please send an amended DMR to Raleigh at the address found on the front page of your DMR for the
Continuous Flow monitoring which is missing from the February 2010 DMR.
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,
4pv 4L.-I.
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
,'4'a.1V11 1?#,nco!1.1)�;,Vl a�I "e 1.fF k 1k,_ .i-1:1_7. '.'1i€

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
July 20, 2010
Mr. Aaron Hamlin
Wedgefield Acres Mobile Home Park
558 Pond Road
Asheville,North Carolina 28806
Subject: NOTICE OF VIOLATION
NOVO-2010-LM-0021
Permit No.NC0062634
Wedgefield Acres MHP WWTP
Buncombe County
Dear Mr. Hamlin:
A review of Wedgefield Acres MHP WWTP's monitoring report for March 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 03/04/10 400 #/l00m1 560#/l OOml Daily Maximum
Broth,44.5C Exceeded
Parameter Date Measuring Frequency Violation
Flow, in conduit or thru treatment 03/01/2010 -- Continuous Failure to Monitor
plant 03/03/2010
Flow, in conduit or thru treatment 03/05/2010— Continuous Failure to Monitor
plant 03/10/2010
Flow, in conduit or thru treatment 03/12/2010— Continuous Failure to Monitor
plant 03/16/2010
Flow, in conduit or thru treatment 03/18/2010— Continuous Failure to Monitor
plant 03/24/2010
Flow, in conduit or thru treatment 03/26/2010— Continuous Failure to Monitor
plant 03/31/2010
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

Mr. Aaron Hamlin
July 20, 2010
Page 2
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 Fecal coliform 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.
Please send an amended DMR to Raleigh at the address found on the front page of your DMR for the
Continuous Flow monitoring which is missing from the March 2010 DMR.
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 rEdwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
>_'-5�11';l�iuxccsuh4•a1�it5ti.�.fe ,=��ur .,,-��'isc_.3ic.ii>1ca .,..t; =r'+`:� rti _.u;i, ,1€��::Z.dpc

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, 2010
Anthony Hall
6298 Blue Ridge Rd
Lake Toxaway NC 28747
SUBJECT: Compliance Evaluation Inspection
Burkhart Trout Farm
Permit No: NCG530081
Transylvania County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted on June 22, 2010. The facility was found to be in
Compliance with permit NCG530081.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please call me at 828-296-4500.
Sincerely,
AKeithyn s
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Internet:www,ncwaterguality.org �aturml/y

United States Environmental Protection Agency Form Approved.
EPA/� Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I� ( 2 15I 31 NCG530081 111 121 10/06/22 117 181 CI 191.GI 20I_I
-1 Remarks !-
21� IIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA ---------------------------Reserved----------------------
67I 169 70LI 71 LI 721 NI 73I ' 174 711 I I I I I I 180
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Burkhart Trout Farm
11:00 AM 10/06/22 07/08/01
6298 Blue Ridge Rd Exit Time/Date Permit Expiration Date
Lake Toxaway NC 28747 11:30 AM 10/06/22 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Anthony Hall,6298 Blue Ridge Rd Lake Toxaway NC 28747//828-883-2636/No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Facility Site Review N Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signatu,,rrJJJe((s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ �. l q-(b
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ' ARO WQ//828-296-4500/ `� O 010
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. `
Page# 1

NPDES yr/molday Inspection Type 1�
3� NCG530081 �11 12) 10/06/22 � 17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The farm appeared to be in normal operation for the summer months. There was no one on site at the time
of the visit. Please be sure that the intake does not take all of the stream during dry weather.
Page# 2

Permit: NCG530081 Owner-Facility: Burkhart Trout Farm
Inspection Date: 06/22/2010 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? ■ Cl ❑ ❑
#Are there any special conditions for the permit? ■ ❑ ❑ ❑
Is access to the plant site restricted to the general public? Cl ■ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: >
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? ■ ❑ ❑ El
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment: The trout farm did not appear to be having adverse impacts on the stream.
Page# 3

,t._i
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ALT;-WVTA
rjr?h
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, 2010
Charles John Medford
809 Zeline Avenue
Valdese,North Carolina 28690
Subject: 401 Water Quality Certification -Approval
Charles Medford Culvert Installation
DWQ Project# 20100472
Burke County
CTB31 /Ut to Bailey Fork/ 11-34-8-(3) / Class WS-IV
Dear Mr. Medford:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
"approval has been granted to place fill within or otherwise impact 25 feet of stream for the purpose of single
amily residence 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 3821. This Certification allows
you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Water Supply
Watershed 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 25 (feet) A.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 NorthCc`l1'olina
Internet:www.ncwaterquality.org
/� Naturally
An Equal(jpporfunity 1 Affirmative Action Employer'~V

Charles Medford
July 20,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may resurL.
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
828-296-4627.
Sincerely,
e e�-Z;�XkA
41
Coleen H. Sullins, Director
CHS/khb
Enc: GC3821
Certificate of Completion
cc: Burke County Planner
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Burke\401 s\Non-DOT\CharlesMedford\10-0472.Charles Medford.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 20, 2010
Roger Oxendale
1688 Chatfield Place
Orlando, Florida 32814
Subject: 401 Water Quality Certification-Approval
Roger Oxendale LOT 2
DWQ Project# 20100482
McDowell County
CTB30/Lake James/ l l-(23)/Class WS-V, B
Dear Mr. Oxendale:
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 395 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 Pen-nit 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 395 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
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 waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1.
Phone:[phone] n
FAX:[phone] Customer Service:1-877-623-6748 N t�lCc`ll'01111a
Internet:www.ncwaterquality.org Rtlll��tj�l,J
An Equal Opportunity'.Affirmative Action Employer p RW , l

Oxendale Shoreline Stabilization
July 20,2010
Page 2 of 2
2. Catawba Buffer Ordinance
The proposed project must comply with 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. 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.
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,
fe'r ele /2cav
Coleen H. Sullins, Director
CHS/khb
Eric: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bernick Enterprises, LLC
McDowell County Planner
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S AS WP\McDowell\401 s\Non-D0T\0xendale\01-0482.Oxendale.Shorel ineStabil.approval.do,,

A*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
July 20, 2010
Bruce Douglas
5N273 Bluff Drive
St. Charles. Illinois 60175
Subject: 401 Water Quality Certification-Approval
Bruce Douglas LOT 85
DWQ Project# 20100420
McDowell County
CTB30/Lake James/ 11-(23)/Class WS-V, B
Dear Mr. Douglas:
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 85 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 85 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
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 waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 NOrthCarOlina Internet:www.ncwaterquality.org V��������
An Equal Opportunity t Affirmative Action Employer

Douglas Shoreline Stabilization
July 20,2010
Page 2 of 2
2. Catawba Buffer Ordinance
The proposed project must comply with 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. 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.
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,
'J� e. '6 �' /'
Coleen H. Sullins, Director
CHS/khb
Enc: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle,"Bennick Enterprises, LLC
McDowell County Planner
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G:AWPDATA\DEMWQ\McDowell\401 s\l0-0420.Douglas,ShorelineStabi1.approval.d(

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, 2010
Kurt and Sherry Lindquist
919 Colville Road
Charlotte. North Carolina 28207
Subject: 401 Water Quality Certification -Approval
Kurt and Sherry Lindquist LOT 9
DWQ Project# 20100436
Burke County
CTB30/Lake James/ 11-(23)/Class WS-V, B
Dear Messrs Lindquist:
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 400 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 1400 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
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 waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
+ 1
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NO c`�1 C11111cra Internet:www.ncwaterquality.org
An Equal Opportunity`•,Affirmative Action Employer
ARatwrall1y

Lindquist Shoreline Stabilization
July 20,2010
Page 2 of 2
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. 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. �-
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,
C� L=
Coleen H. Sullins, Director
CHS/khb
Enc: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bennick Enterprises, LLC
Burke County Planner
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEM WQ\B urke\401 s\10-0436.Lindquist.Shorel ineStabi1.approval.doc

A4i'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 20, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1178
Mr. Jesse Johnson
132 Batson Road
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION for ENFORCEMENT
Melbourne Ridge-McGuire Road
DWQ Tracking Number: NCR001843
NOV-2010-PC-0858
Stream Standard Violations
Transylvania County
Response deadline: August 6, 2010
Dear Mr. Johnson:
The Division of Water Quality has received information from the Division of Land Resources
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 at the Melbourne
Ridge Development off McGuire Road for which you are responsible.
Site visits by the Division of Water Quality on May 5, 2010 and July 12, 2010 documented Stream
Standard violations associated with the Melbourne Ridge Development.
VIOLATIONS
I. Stream Standard Violation- Turbidity 15A NCAC 02B .0211 (3)k-the turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU). Turbidity
sample obtained from Dog Creek upstream of the Melbourne Ridge project was 10 NTU
and downstream of the Melbourne Ridge project was 650 NTU.
11. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—An indeterminate length of Dog Creek, a class C stream, was impacted by pockets of
sediment deposition,representing Water Quality Stream Standard violation of 15A NCAC
02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone: [phone] FAX:[phone] Customer Service;1-877-623 6748 �R lira!!lJ
Internet:: www.ncwaterquality.org
An Equal Opportunity�Affirmative Action Employer

Jesse Johnson
July 20,2010
Page 2 of 3
REQUIRED RESPONSE
This office requests that you respond_by the deadline noted above. Your response should be sent
to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,
NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response
should address the following items:
I. Stream Standard—Turbidity
a. Please explain when you anticipate being in full compliance with the Act.
b. You should include in your response an explanation of how you propose to
prevent Turbidity standard violations from reoccurring on this project.
II. Stream Standard - Other Waste (In-Stream Sediment)
a. Please explain when construction (excavation, grubbing, and clearing) began at the
site.
b. Please submit a Sediment Removal Plan to this office for review and approval. The
plan must address removal of the accumulated sediment from Dog Creek and be
submitted to the Division of Water Quality for review and approval prior to
implementation. Enclosed is a Sediment Removal Guidance Document for your
assistance. 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 Linda Wiggs 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 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.
c. Once the Restoration Plan has been implemented and is complete, a final
report documenting restoration of the stream should be submitted to Linda
Wiggs.

(hank 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 Linda Wiggs [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: Sediment Removal Guidance
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Transylvania County Planning
S:\SWP\Transylvania\Stormwater\NCGO1 Construction\MelbourneRdg-McGuire Rd\nov-2010-pc-0858.doc

`� y

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 22, 2010
Mr. Mack W. Edmisten, Director of Public Utilities
City of Lenoir
PO Box 958
Lenoir NC 28645-0958
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0870
Compliance Evaluation Inspection
Gunpowder Creek VVWTP
Permit No. NCO023736
Caldwell County
Dear Mr. Edmisten,
Enclosed please find a copy of the Inspection Report from the inspection conducted 2010-06-20. The
Compliance Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office. The
treatment facility was found to be in violation of Permit NCO023736 for the following:
Inspection Area Compliance Issue
Operation and The permittee shall at all times provide the operation and
Maintenance maintenance resources necessary to operate the existing facilities at
optimum efficiency. At the time of inspection there were several
obvious maintenance issues. Please seethe inspection summary for
more details.
To prevent further action, carefully review these violations and deficiencies and respond in writing to
this office within Twenty (20) working days of receipt of this letter. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any
questions, please do not hesitate to contact Jeff Menzel at 8281296-4600..
Sincerely,
e.���
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Attachment
cc WQ Central Files w/attachment
Enforcement w/attachment
Monte Wall, ORC
SURFACE WATER PROTECTION—ASHEVILLE REGIOtjAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 / NorthCarolliina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �Rtur�L[�
Internet:www.ncwaterguality.org
S:\SWP\Caldwell\Wastewater\Municipal\Gunpowder Creek 23736\NOV-2010-PC-0870.doc

__ __
��_:
i
t
< ,,

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 L 31 N00023736 I11 121 10/06/20 117 181rl 191g1 20�
Remarks -! _!
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ------------------------Reserved----------------------
67 I 169 701 1' 71 U 721 NJ 73' 751 I I I I I I 180
Section B: Facility Data W 174
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)
Gunpowder Creek WWTP 09:30 AM 10/06/20 07/09/01
NCSR 1127 Exit Time/Date Permit Expiration Date
Lenoir NC 28645 11:00 AM 10/06/20 10/01/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Monte L Wall/ORC/828-757-2198/
Name,Address of Responsible Official/Title/Phone and Fax Number
Monte L Wa11,P0 Box 958 Lenoir NC 286450958//828-757-2198/ ContactedNo
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Flow Measurement Operations& Maintenance 0 Self-Monitoring Program 0 Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signatures)o Inspe or( Agency/Office/Phone and Fax Numbers Date
,n /J
Jeff Menzel ft�. ARO WQ//828-296-4500/ 7/ Vic)
fJ
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
l�c .� l t,Z- a.10
EPA Form 560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3� 11 12 17 18
NC0023736 ( I 10/06/20 1I
Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary)
At the time of inspection there were several obvious maintenance issues. Upon entering the plant the grit
removal unit is still out of service and this unit has been down for over a year. The bar screen compactor
area is leaking out onto the ground. Buckets have been placed under the leak but they were overflowing
onto the pavement and ultimately to a nearby storm drain.
The plant was showing evidence of recently washing out. There were floating solids and plastics in the
chlorine contact basin. Other observations include a high priority sewer line leading to the plant with trees
leaning on it and several of the valves around the plant were leaking onto the ground.
Because of the number of violations generated in 2009 the facility was placed on the EPA's Watch List. In
September 2009 the City of Lenoir was given the choice to enter into a Special Order by Consent which
would give the Town the time and a better ability to capture funds to upgrade and repair Its waste water
plant. The Town contracted McGill and Associates Engineering to generate a waste water system
evaluation report but chose not to enter into a SOC with the Division of Water Quality.
Having the system evaluation is useful in identifying the problem areas and prioritizing the repairs and
upgrades that need to be made. As taken from permit NC0023736, "The permittee shall at all times provide
the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency."
Based on the facility's overall appearance and the number of violations generated In the last year the plant
is in a visible state of decline. Because of this reason the facility is found to be in violation of permit
NC0023736 for failing to properly maintain the equipment necessary to effectively treat its wastewater. It is
recommended that the Town utilize the Wastewater System Evaluation as a guide to immediately address
issues which will only become bigger problems if not given a sense of urgency.
......._.. .__._...... ....
Page# 2

Permit: NCO023736 Owner-Facility: Gunpowder Creek WWTP
Inspection Date: 06/20/2010 Inspection Type: Compliance Evaluation
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
Judge, and other that are applicable?
Comment: Please see the summary.
Effluent Pipe Yes No NA NE
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
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ n n n
Is sample collected below all treatment units? ■ ❑ n n
Is proper volume collected? ■ ❑ n ❑
Is the tubing clean? ■ n ❑ n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n 0
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ n n D
Comment:
Page# 3

AMA
KUM
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, 2010
Mr. Ricky C. Silver
Silver Line Plastics Corp
900 Riverside Dr
Asheville, NC 28804
SUBJECT: Compliance Evaluation Inspection
Silver Line Plastics Corporation
Permit No: NCO023591
Buncombe County
Dear Mr.Silver:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on July 1, 2010. No violations of permit requirements or applicable regulations were
observed during this inspection. The Asheville Regional Office supports Silver Line's
request to rescind permit NC0023591.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Mizel
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70, Swannanoa,NC 287780-1 WonAhCarolliina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �►'7atutally
Internet:www.ncwaterguality.org �/Y
S:\SWP\Buncombe\Wastewater\Industrial\Silver Line Plastics 23591\23591 CEI 20101.doc

United States Environmental Protection Agency Form Approved.
E P^/'1 Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO023591 111 121 10/07/01 117 181CI 191 SI 20'�J I
L Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—-------—---Reserved----------------------
67I 169 701 31 711 I 72I N) 73I ' 174 751 I I ( I I I 180
Section B: Facility Data —t W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:00 AM 10/07/01 05/12/01
Silver Line Plastics Corporation
900 Riverside Dr Exit Time/Date Permit Expiration Date
Asheville NC 28804 09:30 AM 10/07/01 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Ricky C Silver,900 Riverside Dr Asheville NC
28804//828-252-8755/8282858901 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■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)pf Inspector(s _ Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ 1
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
ZZ Z ZD/O
IL Ar
EPA Forl 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO023591 I11 12' 10/07/01 I17 18I�)
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This facility has requested that permit NC0023591 be rescinded. The facility is now reusing its water and
has no need for a discharge permit. Silver Line Plastics has taken the necessary steps to insure that this
facility cannot discharge. The outfall pipe has been plugged and covered. The Asheville Regional Office
supports the facility's request to rescind permit NC0023591.
Page# 2

Permit: NC0023591 Owner-Facility: Silver Line Plastics Corporation
Inspection Date: 07/01/2010 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? ❑ ❑ ■ 11
Is the facility as described in the permit? ■ ❑ Q n
#Are there any special conditions for the permit? ❑ Q ■
Is access to the plant site restricted to the general public? ■ Q 0
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ I]
Comment: The facility has taken the necessary steps to insure that their outfall pipe
can not discharge.
Page# 3

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 22, 2010
Mr. Brenda Allison
1205 Upper Brush Creek
Fairview,NC 28730
Subject: Activities Deemed Certified
Culvert Replacement—Woods Road
DWQ Project No. 10-0381
Buncombe County
FRB02 /UT Cane Creek /6-57-(9)/ C
Dear Ms. Allison:
-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. However, in order to comply with water quality standards as you proceed with your project,
the following conditions should be met:
• Work should be conducted "in the dry." You (or your contractor) should temporarily pump around the
work area(or otherwise temporarily restrict stream flow) in order to maintain compliance with DWQ's
turbidity standard (50 NTU for Class C waters). Working in the dry will also help prevent sediment
from migrating downstream.
• Uncured concrete should not be allowed to come in contact with streamflow(if concrete is used).
• The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip-rap or other bank hardening methods. If rip-rap is necessary, it
should not be placed in the stream bed.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org Naturally
J\ atuNa ly
An Equal Opportunity i Affirmative Action Employer �/ ` j`

Ms.Allison
July 22,2010
Page 2 of 2
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 Susan A. Wilson in the Asheville Regional Office at [phone].
Sincerely,
"6ON
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tasha McCormick, USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
ARO File Copy
i
S:\SWP\Buncombe\401s\Non-DOTWlison Prop-Fairview\Deemed Certifted.Allison culvert.10 0381.7 2010.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org Natural
An Equal Opportunity\Affirmative Action Employer {�

A=4JfA
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 22, 2010
Marisue Hilliard
U.S. Forest Service
160 Zillicoa Street
Suite A
Asheville,NC 28801
Subject: 401 Water Quality Certification -Approval
South Toe River Dam Removal
DWQ Project# 10-0433
Yancey County
FRB06/South Toe River/7-2-52-(1)/B; Tr; ORW
Dear Ms. Hilliard:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 140 feet of streams for the purpose of dam
removal and 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 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition,you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to)Erosion and Sediment Control 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:
Locafion:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] t Customer Service:1-877-623-6748 NonrthCarolina
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Acton Employer

Marisue Hilliard
July 22,2010
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Stream 140 (feet) Plan drawings
Additional Conditions
1. North Carolina Wildlife Commission Comments—The recommendations from the NCWRC provided in
their letter dated June 15, 2010 are hereby incorporated.
2. Notification of Construction—The applicant and/or authorized agent shall contact Chuck Cranford in the
Asheville Regional Office at 828-296-4664 three (3)days prior to the commencement of construction.
3. Project Monitoring—This project shall be monitored for stability, annually, for a period of no less than
three (3)years from completion. At the end of construction, an as-built survey shall be completed,
including photographic documentation of structures and features, and submitted within 30 calendar days.
Annually, for three(3)years after the submission of the as-built survey,monitoring of stream stability
shall be conducted and compared to the as-built drawings, along with photographic documentation of
the same structures and features previously submitted. This annual survey shall be submitted to DWQ
within 30 days of the annual event and include a narrative discussing the site progression as well as
addressing any needed repairs. All submissions shall be submitted as a single copy to both the 401
Water Quality Permitting Unit in Raleigh and the Asheville Regional Office at their respective
addresses.
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,
4q�A e. Z---Z'a�/-c
Coleen H. Sullins,Director
CHSIcbc
Eric: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office
Dave McHenry—NCWRC File Copy
Brady Dodd—U.S.Forest Service
S:\SWP\Yancey\401s\Non-DOT\SouthToe DamRemoval\APRVL 7.21.10.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 23, 2010
Mr. Rick Spurling, Assistant Superintendent
Mitchell County Board of Education
72 Ledger School Road
Bakersville,North Carolina 28705
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0281
Permit No. NCO066729
Tipton Hill Elementary School WWTP
Mitchell County
Dear Mr. Spurling:
A review of Tipton Hill Elementary School WWTP's monitoring report for March 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total (as 03/09/10 35 mg/1 37 mg/l Daily Maximum
N)-Concentration Exceeded
Nitrogen, Ammonia Total (as 03/31/10 18 mg/t 20.96 mg/l Monthly
N)-Concentration Average
Exceeded
Remedial actions, if not already implemented,should be taken to correct any problem. Since the comments section
on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a
response be submitted: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.
Technical assistance is available through the Asheville Regional Office. You may call Don Price at 828-296-4500.
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
r DWQ Central Files
Tony Crowder/ORC
One
HillRift�` l"�f CS'ti'-,ter lii!)-l.�/(lK�R'j �i�G Noit]_lC3I'011nB
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nGwaterouality.org FAX [phone] 1-877-623-6748

LT 05%
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 23, 2010
CERTIFIED MAIL CERTIFIED MAIL
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
7007 1490 0004 0713 8076 7007 1490 0004 0713 8045
Bill Patterson Ben Jones
Cullasaja Horizons, LLC Cullasaja Horizons, LLC
Post Office Box 2047 Post Office Box 2047
Cashiers,NC 28717 Cashiers,NC 28717
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 0713 8083
Frank A. Scudder
Cullasaja Horizons, LLC
26 Highlands Plaza
Highlands,NC 28741
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Cullasaja Horizons
NOV-2010-PC-0872
DWQ Tracking Number: NCR002595
Construction Stormwater Permit NCG010000
Stream Standard Violation- Other Waste (In-stream sediment)
Macon County
Response deadline: August 10, 2010
Dear Sirs:
On July 2, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at Cullasaja Horizons along Cemetery Road in Macon
County. Mr. Matt Mason with Macon County was present.
Stream standard and Construction Stormwater Permit violations were noted during the inspection.
Sediment impacts to an unnamed tributary to Peeks Creek(Class C; Trout waters) were
documented.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
NOI't11CaSOhIIa
Phone: 6-45001 FAX:[phone] Customer Service:1-877-623-6748 Naturally
Internet:: www.ncwaterquality.org-
An Equal Opportunity 1 Affirmative Action Employer

Cullasaja Horizons
July 23,2010
Page 2 of 4
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 1,400 feet of an unnamed tributary to Peeks Creek(Class C; Trout
waters) was impacted by sediment deposition upwards of twelve (12) inches in depth
throughout the stream reach, representing Water Quality Stream Standard violation of 15A
NCAC 02B .0211 (3) (f)
II. 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. The NCGO10000 Permit authorizes discharge of stormwater
under the National Pollutant Discharge Elimination System (NPDES) in accordance with
Title 15 A North Carolina Administrative Code 2H.0100.
a. Approved Plan(Part I. Section A: No. 2.)During the inspection, a copy of the
approved Erosion and Sediment Control Plan was not on site and available for
review.
b. Rain Gauge(Part I. Section B. No. 1.) A rain gauge was not observed on the site
at the time of inspection.
c. Rain Gauge Data (Part I. Section B.No. 1.) Rain gauge data, measured daily,was
not recorded and available for review. However, a site representative was not
available during the inspection.
d. Schedule of Compliance (Part I. Section C.No. 2) Failure to operate and \,V
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated July 22, 2010,represents a violation of
NCGO10000 Permit.
e. Minimum Monitoring and Record Keeping(Part I. Section B.No. 3)
Inspection records of erosion& sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event,were
not recorded and available for review. However, a site representative was not
available during the inspection.
f. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No.2) Failure to follow Erosion Control Plan, as cited in Division of Land
Resources Notice of Violation dated July 22, 2010,represents a violation of
NCGO10000 Permit.
g. Twenty-four Hour Reporting(Part II. Section E.No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
REQUIRED RESPONSE
This Office requests that you respond in writing by August 10,2010. 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: 'J
�J

I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please explain when construction(excavation, grubbing, and clearing)began at the
site.
b. Please provide a map that details the surface waters on the tract as well as the areas
that have been impacted, both on and off site.
c. Please submit a Sediment Removal Plan(Plan)to this office for review and
approval. The Plan must address removal of the accumulated sediment from
unnamed tributary to Peeks Creek and be submitted to the Division of Water
Quality for review and approval prior to implementation. You must 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
Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
II. Construction Stormwater Permit NCGO10000
a. Please explain why the Erosion and Sedimentation Control Plan was not onsite.
b. Please explain when you anticipate being in full compliance with your Erosion and
Sediment Control Plan and the NCG010000 Permit.
c. You should include in your response an explanation of why proper operation
and maintenance of stormwater and erosion control measures was not
performed to optimum efficiency and how you propose to prevent these
problems from reoccurring on this project and on future projects.
d. Please explain why a rain gauge was not onsite.

Cullasaja Horizons
July 23,2010
Page 4 of 4
e. Please provide copies of all monitoring and record keeping, as required by
the NCGO10000 Permit, from April 1, 2010 through the date of this letter.
f. DWQ should have been notified within 24 hours of becoming aware of the
sediment loss as noted above. Please explain why DWQ was not notified.
Please note: The NPDES Construction Stormwater Permit, stormwater monitoring forms as well
as other helpful information may be found at the website address -
http://portal.ncdeiu.org4web/wq/ws/sLi/npdessw
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 C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Matt Mason—Macon County
SASWP\Macon\Stormwater\NCG01 Construction\Cullasaja Horizons\NOV-2010-PC-0872.doc

44
NCDFM
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, 2010
Steve Johnson
Duke Energy Carolinas, LLC
526 Church Street
P.O. Box 1006
Charlotte,NC 28201-1006
Subject: 401 Water Quality Certification -Approval
Franklin Project(P-2603)
DWQ Project# 10-0471
Macon County
LTNO1 /Little Tennessee River(Lake Emory)/2-(1)/C
Dear Mr. Johnson:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to impact approximately 1 acre open waters for the purpose of sediment dredging
and facility repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Ndl th C,d �11na
Internet:www.ncwaterquality.org
5 Natural!,
An Equal Opportunity\Affirmative Action Employer

Steve Johnson
July 23,2010
Page 2 of 2
Amount Approved(Units) Plan Location or Reference
Waters 1 (acres) Franklin Dam
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,
4�;4 C,, J-- 0
Coleen H. Sullins, Director
CHSIcbc
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Macon\401s\Non-DOT\Franklin Project Dredge\APRVL_7.22.10.doc

AV,All'
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, 2010
Marisue Hilliard
USDA Forest Service
160 Zillicoa Street
Suite A
Aheville, North Carolina 28801
Subject: 401 Water Quality Certification -Approval
Back Creek Stream Restoration
DWQ Project# 20100417
Burke County
CTB31 /Back Creek/ 11-35-3-4/ Class WS-III
Dear Ms. Hilliard:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
-ssociated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 330 linear 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 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Water Supply
Watershed regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t 11 Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N(JI t11CfaT 01111a
Internet:www.nc.waterquality.org
_ 'N 4'Naturallrf
An Equal Opportunity 1 Affirmative Action Employer --

USDA Forest Service
July 23,2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 180 (feet) Back Creek
Stream 150 (feet) UT to Back Creek
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
828-296-4629.
Sincerely,
V �n if
Coleen H. Sullins, Director
CHS/khb
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Burke County Planner/ Watershed Water Supply Administrator
Ron Linville,NC Wildlife Resources Commission
401 Permitting Unit—Central Office
File Copy
S:\SWP\Burke\401 s\Non-DOT\B ackCreekStrearnRestoration\10-0417.USDAForestService.B ackCreek.doc

A1kVT,;-KWA
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 26,2010
Mr. Charles J. Salas, Asset Manager
Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc.
4711 Viewridge Avenue
Suite 270
San Diego, California 92123
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0283
Permit No. NCO080098
Linville Falls Mountain Club and Preserve
WWTP
McDowell County
- Dear Mr. Salas:
A review of Linville Falls Mountain Club and Preserve's monitoring report for March 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 03/30/10 7.5 mg/I 8.07 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
Technical assistance is available through the Asheville Regional Office. You may call Don Price at 828-296-4500.
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
One
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,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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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 26, 2010
Mr. Jeffery V. Morse
Town of Valdese
121 Faet Street
Valdese,North Carolina 28690
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0282
Permit No. NCO041696
Lake Rhodiss WWTP
Burke County
Dear Mr. Morse:
A review of Lake Rhodiss WWTP's monitoring report for March 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Phenolics, Total Recoverable 03/17/10 15 ug/l 30 ug/l Daily Maximum
Exceeded
Remedial actions, if not already implemented,should be taken to correct any problem. Since the comments section
on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a
response be submitted:however,should you have additional information concerning the violations or comments which you
wish to present, please submit them to the attention of Janet Cantwell
Technical assistance is available through the Asheville Regional Office. You may call Don Price at 828-296-4500.
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
Greg Padgett/ORC
One
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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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 26, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8090
Mr. Lee Smith, Director of Utilities
City of Hendersonville
P.O. Box 1670
Hendersonville,North Carolina 28793-1670
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0290
NOV-2010-DV-0291
NOV-2010-DV-0292
NOV-2010-DV-0293
NOV-2010-DV-0294
NOV-2010-DV-0295
NOV-2010-DV-0296
Permit No. WQCS00070
City of Hendersonville
Hendersonville Collection System
Henderson County
Dear Mr. Smith:
A review has been conducted of Hendersonville Collection System's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Reports submitted by the City of Hendersonville. This review has shown the
subject facility to be in violation of the requirements found in Collection System Permit WQCS00070
and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 02/05/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0290 1,620 Gallons Without Valid
Permit
Incident#201000924
CSO/SSO (Sewer Overflow) 02/05/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0291 660 Gallons Without Valid
Permit
Incident# 201000925
Location.2090 U.S.Highway 70 One
Swannanoa,North Carolina 28778 _No1 hCa1'Ohria
- Phone [phone] FAX [phone] Customer Service:1=877-623-6748 '/
Internet ��tuN��ry
www.ncwaterquality.org org `/
An Equal Opportunity 1 Affirmative Action Employer

Mr. Lee Smith
July 26, 2010
Page 2
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 02/05/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0292 2,640 Gallons Without Valid
Permit
Incident# 201000927
CSO/SSO (Sewer Overflow) 02/05/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0293 1,080 Gallons Without Valid
Permit
Incident#201000928
CSO/SSO (Sewer Overflow) 02/05/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0294 60 Gallons Without Valid
Permit
Incident# 201000929
CSO/SSO (Sewer Overflow) 02/05/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0295 960 Gallons Without Valid
Permit
Incident# 201000932
CSO/SSO (Sewer Overflow) 02/05/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0296 1,920 Gallons Without Valid
Permit
Incident#201000933
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to prevent the recurrence of
similar situations and respond in writing to this office within 10(ten)days of receipt of this letter. Please
include a detailed account of the circumstances surrounding these SSOs. if you should have any
questions, please do not hesitate to contact the Asheville Regional Staff or Janet Cantwell at 828-296-
4500.
If you have any questions regarding this policy please contact your Asheville Regional Staff
or Janet Cantwell at 828-296-4500.
Sincerely,
1
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit

NiCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 27,2010
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Inspection
NCSR 1783 Upward Road
DWQ Project 08-1327
TIP No. R-4430
Henderson County
Dear Mr. Setzer:
On July 20, 2010, 1 inspected the construction work on Upward Road between US Highway 176 and Howard
Gap Road in Henderson County. Most of the construction was taking place between Interstate 26 and Howard
Gap Road.
Sediment and erosion control were being installed during the inspection. Please 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 copy of the inspection report for additional comments
regarding the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: David Baker, USAGE, Asheville Field Office.
Aaron Powell
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Upward Road R-4430 Inspection Letter July 2010
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa.NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NOrthCarOlina
Internet:www.ncwaterguality.org
attrraCly
An Equal OPPortunity'Affirmative";coon Employer

D_ WQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: July 20,2010
County: LHenderson 1 Region: Asheville
DOT Division: I Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Fallow Up Evaluation ❑ Other
DWQ 401 4: 08-1327 NW Permit#: 13, 12, 14 IP#;
Project Name: Upward Road Widening Proiect R-4430
Location of Project: Upward Road (NCSR 1783)between US Highway 176 and Howard Gap Road
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
X❑ 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 C-
❑ Zone I Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neese ❑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): Bat Fork Creek and tributaries,tributary to Dunn Creek and tributaries
to King Creek
Basin/ Subbasin: French Broad 040302
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 ❑WS-IV RSA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/10" acre ❑1/11`"to 1/3`d acre 0.1 acre �
❑1/3 d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 891 linear feet
Additional comments:
Reviewed project with DOT staff. Suggested installing sediment basin at the start of grading on the east side of
I-26 across from Zaxby's.
Sediment and erosion control structures were being installed during the inspection.
Seeding and/or matting should be performed as areas are graded.
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.
Upward Road R-4430 Inspection July 2010
i

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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 27, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1147
Mr. Joe Collins, Mayor
Town of Franklin
P.O. Box 1479
Franklin, North Carolina 28744
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0298
Incident# 201000449
Permit No. WQCS00101
Town of Franklin
Franklin Collection System
Macon County
Dear Mr. Collins:
A review has been conducted of the Franklin Collection System's self reported Sanitary
Sewer Overflows (SSO's) 5-Day Report submitted by the Town of Franklin. This review has
shown the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00101 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 01/30/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0298 50,000 Gallons Without Valid
Permit
Incident# 201000449
Remedial actions should be taken to correct this problem. The Division of Water
Quality is considering pursuing enforcement action for this violation.
Please submit in writing within ten (10) business days a detailed account of the
circumstances surrounding this SSO and what actions are being taken to address the
cause of this SSO. If you should have any questions, please do not hesitate to contact
Asheville Regional Staff or Janet Cantwell at 828-296-4500.
One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 //
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity',Affirmative Action Employer

Mr. Joe Collins
July 27, 2010
Page Two
If you have any question regarding this policy please contact your Asheville
Regional Staff or Janet Cantwell at 828-296-4600.
Sincerely,
0 z
C�
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit

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 27, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7008 0150 0000 7473 0624
Mr. Carson Fisher
Burke County General Services
P.O. Box 1486
Morganton,North Carolina 28680-1486
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0297
Incident# 201000392
Permit No. WQCS00324
Burke County General Services
Burke County Collection System
Burke County
Dear Mr. Fisher:
A review has been conducted of Burke County Collection System's self reported Sanitary Sewer
Overflows(SSO's) 5-Day Report submitted by Burke County General Services. This review has shown
the subject facility to be in violation of the requirements found in Collection System Permit WQCS00324
and/or G.S. 143-215.1(a)(]). The violation that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 01/25/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0297 90,000 Gallons Without Valid
Permit
Incident# 201000392
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation.
Please submit in writing within ten (10) business days a detailed account of the
circumstances surrounding this SSO and what actions are being taken to address the cause of this
SSO. If you should have any questions, please do not hesitate to contact Asheville Regional Staff or
Janet Cantwell at 828-296-4500.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
NrthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623 6 8 o //�
Internet: www.ncwaterquality.org
An Equal Opportunity i Affirmative Action Employer aturaf L

Mr. Carson Fisher
July 27, 2010
Page Two
If you have any question regarding this policy please contact your Asheville Regional Staff
or Janet Cantwell at 828-296-4500.
Sincerely,
4�?. Z--:
7: c"Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit

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 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7515 1284
Edwin H. Daniels
206 West Palmer Drive
New Bern,North Carolina 28560
SUBJECT: NOTICE OF VIOLATION
Edwin H. Palmer Property
NOV-2010-CV-0010
Construction Stormwater Permit—NCG010000
Stream Standard Violation - Other Waste (In-stream sediment)
McDowell County
Response deadline: August 18, 2010
Dear Mr. Daniels:
The Division of Water Quality has received information from the Division of Land Resources
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 NCG010000. 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
activities disturbing one or more acres of land. Prior to the commencement of construction
and land-disturbing activities, approval of an Erosion and Sedimentation Control (E&SC)
Plan shall be obtained from the Division of Land Resources (DLR).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One t
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] t Customer Service:1-877-623-6748 �N�//�
Internet: www.ncwaterquality.org ��/}at L l
An Equal Opportunity 1 Affirmative Action Employer

Edwin H.Daniels Property
July 28,2010
Page 2 of 3
a. Failure to apply for and receive an approved E&SC Plan prior to
commencement of construction (Part I Section A: No. 1.)
II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—An indeterminate length of an un-named tributary to Thompson Fork (Class C) and
Thompsons Fork (Class C) 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. Your response should be sent
to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,
NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following items:
I. Construction Stormwater Permit NCGO10000
a. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your E&SC Plan. A copy of the NCGO 10000 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 Thompsons Fork and
its un-named tributary, 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 Kevin Barnett 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 Kevin
Barnett.
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 Kevin Barnett [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
McDowell County Planning
S:\SWP\McDowell\Stormwater\NCGO1 Construction\EdwinH Daniels Property\NOV201 OCVOO 10.doc

Ak 15?rA
F I,�'I"A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1192
James F. Smith, Registered Agent
Flagler Obstetrical Services, Inc.
760 US Highway 1
Suite 301
North Palm Beach, Florida 33408
SUBJECT: NOTICE OF VIOLATION
Flagler OBGYN
NOV-2010-CV-0008
Construction Stormwater Permit—NCGO10000
Clay County
Response deadline: August 18, 2010
Dear Mr. Smith:
The Division of Water Quality has received information from the Division of Land Resources
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,
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit
(NCG010000) is applicable to all point source discharges of stormwater from construction
activities disturbing one or more acres of land. Prior to the commencement of construction
and land-disturbing activities, approval of an Erosion and Sedimentation Control (E&SC)
Plan shall be obtained from the Division of Land Resources (DLR).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:: www.ncwaterquality.org
\FAX:
.or 299-70431 Customer Service:1-877-623-6748 �gturq���
Internet: www.ncwaterquality.org
An Equal Opportunity',Affirmative Action Employer

Flagler Obstetrical Services,Inc.
July28,2010
Page 2 of 2
a. Failure to apply for and receive an approved E&SC Plan prior to
commencement of construction (Part I Section A: No. 1.).
REQUIRED RESPONSE
This office requests that you respond by the deadline noted above. Your response should be sent
to both to the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70,
Swannanoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater
Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617. Your response should address the following items:
1. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your E&SC Plan. A copy of the NCGO 10000 Permit may be obtained
from the DWQ website address:
http://h2o enr state nc us/su/Forms Doc uments.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
proj ects.
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 Kevin Barnett(828) 296-4657.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources or local program
Clay County Planning
S:\SWP\Clay\Stormwater\NCG01 Construction\FlaglerOBGYN\NOV2010CV0008.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
July 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1185
Robert D. and Cynthia C. Dale
4820 Crawley Dale Street
Morganton,North Carolina 28655
SUBJECT: NOTICE OF VIOLATION
Robert D. Dale Property
NOV-201 O-CV-0009
Construction Stormwater Permit NCG010000
McDowell County
Response deadline: August 18, 2010
Dear Mr. and Mrs. Dale:
The Division of Water Quality has received information from the Division of Land Resources
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,
VIOLATIONS
I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit
(NCGO10000) is applicable to all point source discharges of stormwater from construction
activities disturbing one or more acres of land. Prior to the commencement of construction
and land-disturbing activities, approval of an Erosion and Sedimentation Control (E&SC)
Plan shall be obtained from the Division of Land Resources (DLR).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One L, t Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North Carolina
Phone:: w 296 45001 FAX:
.or 299-7043 V Customer Service:1-877 623-6748 ���'/�����
Internet: www.ncwaterquality.arg K
An Equal Opportunity;Affirmative Action Employer

Robert D.Dale Property
July 28,2010
Page 2 of 2
a. Failure to apply for and receive an approved E&SC Plan prior to
commencement of construction (Part I Section A: No. 1.).
REQUIRED RESPONSE
This office requests that you respond by the deadline noted above. Your response should be sent
to both to the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater
Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your E&SC Plan. A copy of the NCG010000 Permit maybe obtained
from the DWQ website address:
http:Hh2o enr state nc.us/su/Forms Documents.htm#stor1iiwaterGP
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.
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 eachviolation. -Should you have any questions
regarding these matters, please contact Kevin Barnett [phone].
Sincerely,
�t C,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources or local program
Clay County Planning
S:\SWP\McDowell\Stormwater\NCG01 Construction\RobertDDaleProperty\NOV2010CV0009.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 29, 2010
USDA Forest Service
Brady Dodd
160 Zillicoa St., STE A
Asheville,NC 28801
Subject: 401 Water Quality Certification -Approval
Frankum Creek Tributary Rehabilitation Project
DWQ Project# 07-1280v2
Caldwell County
CTB /UT Frankum Crk/ 11-38-32-9 / C, HQW
Dear Mr. Dodd:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 180 feet of streams for the purpose of stream
rehabilitation at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE 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 120 (feet) S 1 T
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 N�rCl1C�i 01111a
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Naturally

Brady Dodd-USFS
July 29,2010
Page 2 of 2
Stream 30 (feet) S2 T
Stream - 30 (feet) S3 T
A
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(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
CHS11sw
Enc: GC 3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Caldwell\401s\Non-DOT\Frankum Crk\Frankum Crk.Approval.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 29, 2010
Xiao Li Ruon
Oak Valley Hardwoods Inc
PO Box 245
Mill Spring NC 28756
SUBJECT: Stormwater Inspection
Oak Valley Hardwoods, Inc.
Permit No: NCG210229
Polk County
Dear Mr. Li Ruon:
Enclosed please find a copy of the Stormwater Inspection Report from the
inspection I conducted on June 17, 2010. The facility was found to be Non-Compliant
with permit NCG210229 and the NCGO10000 Construction Stormwater Permit. As noted
in the attached report and in an email sent to oakvalleyh(a yahoo.com on July 28, 2010
the facility is non-compliant with several permit conditions. Some of these permit
conditions the facility has been given a timeline to complete, others are expected to be
completed immediately.
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,
Linda Wiggs
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Polk\Stormwater\NCG21Timber\OakValley(A&L Lumber) NCG210229\Ltr.Oakvalley.inspect.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 NorthCarolina
Internet:www.ncwateroualitv.ong Naturally

��\
�_�I

Compliance Inspection Report
Permit: NCG210229 Effective: 08/01/08 Expiration: 07/31/13 Owner: Oak Valley Hardwoods Inc
SOC: Effective: Expiration: Facility: Oak Valley Hardwoods, Inc.
County: Polk 206 Will Green Rd
Region: Asheville
Mill Spring NC 28756
Contact Person: Xiao Li Ruon Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 06/17/2010 Entry Time: 11:45 AM Exit Time: 12:45 PM
Primary Inspector: Linda S Wiggs Phone: [phone]
Secondary Inspector(s):
Ext.4653
Reason for Inspection: Follow-up Inspection Type:Stormwater
Permit Inspection Type: Timber Products Stormwater Discharge COC
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG210229 Owner-Facility: Oak Valley Hardwoods Inc
Inspection Date:06/17/2010 Inspection Type:Stormwater Reason for Visit:Follow-up
Inspection Summary:
Site is still an active construction site. Grade changes are still underway. Discussed options with Gary Gibbs about how to
best complete project with regard to Timber SW permit and the timeline for completion. Completion and stabilization is
expected by end of year.
Construction inspections were not produced, it is unclear who is performing the NCG010000 inspections. Weekly
inspections need to be performed.
NCG210229 analytical monitoring has not been performed. Facility was given leeway and told to make sure analytical
monitoring took place during the second half of this year. And that their SP3 has to be developed and adhered to by
3/2011.
Added Note: Email was sent to Oak Valley on July 28, 2010 giving guidance to assist them in gaining compliance with
both permits.
Copy of this inspection report sent via mail July 29, 2010.
Page: 2

Permit: NCG210229 Owner-Facility: Oak Valley Hardwoods Inc
Inspection Date: 06/17/2010 Inspection Type:Stormwater Reason for Visit:Follow-up
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑
#Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑
#Does the Plan include a"Narrative Description of Practices"? ❑ ❑ ❑ ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ■ ❑ ❑
#Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ ❑ ❑
#Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ❑ ■
#Does the facility provide all necessary secondary containment? ❑ ■ ❑ ❑
#Does the Plan include a BMP summary? ❑ ■ ❑
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ■ ❑ ❑
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ■ ❑ ❑
#Does the facility provide and document Employee Training? ❑ ■ ❑ ❑
#Does the Plan include a list of Responsible Party(s)? ❑ ■ El El
#Is the Plan reviewed and updated annually? fl ■ ❑ ❑
#Does the Plan include a Stormwater Facility Inspection Program? ❑ ■ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ ❑ ❑
Comment: Facility is under new ownership. By March 2011 facility is expected to have
all required items of Stormwater Pollution Prevention Plan (SP3) in order. Previous
owners had skeleton version of a SP3, but it was inadequate and poorly filled out to
meet permit requirments.
The new owners and managers have been given a year(3/2011) to develop and comply
with SP3 development. Part II Section A. #2 (b) specifcally needs attention at the wet
decking area where the chemicals and anti -staining dip station is located. Part II
Section A#2 (c), 3. and 4. need to address the wet decking area and the associated
recycling tank, specifically how that system cannot be cleaned out by direct discharge to
the adjacent ephemeral channel.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ❑ ❑ ■
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ■ ❑ ❑
Page: 3

Permit: NCG210229 Owner-Facility: Oak Valley Hardwoods Inc
Inspection Date:06/17/2010 Inspection Type:Stormwater Reason for Visit:Follow-up
Comment: Manager indicated he did not believe the basin had discharged in order for
samples to be gathered. Upon inspection of the basin, it appeared to have discharged.
Facility was told to perform analytical monitoring for next cycle (July 1, 2010-December
31, 2010) since they missed the January 2010-June 2010 cycle.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? n ■ n n
#Were all outfalls observed during the inspection? ■ n ❑
#If the facility has representative outfall status, is it properly documented by the Division? n ❑ ■ n
#Has the facility evaluated all illicit(non stormwater)discharges? n n n ■
Comment: Preventative measures at wet decking and dip area have not been
completed. Still need basin for tank cleanout drainage. Still need secondary
containment at dip tank.
Only one SDO is still the anticipated plan for the facility located at the newly installed
basin. Berm at back has not been completed yet. Some flows may be directed to back
area then channelized to basin instead of piping flows directly to basin.
Page: 4

LA.
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 29, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1161
Lathe Brogden
Pleasant View Subdivision
10 Melody Lane
Horse Shoe,NC 28739
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Pleasant View Subdivision
NOV-2010-PC-0913
DWQ Tracking Number: NCR002606
Construction Stormwater Permit NCG010000
Stream Standard Violation- Other Waste (In-stream sediment)
Henderson County
Response deadline: August 16,2010
Dear Mr. Brogden
On July 23, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ)
conducted a site inspection at the Pleasant View subdivision in Henderson County. Mr. Tim Fox(Henderson
County) and Jason Fulton(N.C. DLR)were present.
Stream standard and Construction Stormwater Permit NCGO10000 condition violations were noted during the
inspection. Sediment impacts to an unnamed tributary of the French Broad River(Class B waters) were
documented. Approximately 375 feet of streams were impacted by sediments measuring up to 24 inches in
depth.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:: www.ncwaterquality.org
\FAX:
.or 299-70431 Customer Service:1-877-623-6748 �atura!!t�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Lathe Brogden \
July 29,2010
Page 2 of 4
VIOLATIONS
I. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit(NCG010000) is
issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre.
a. Approved Plan(Part I. Section A: No. 2.)During the inspection, a copy of the approved
Erosion and Sediment Control Plan was not on site and available for review.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.No.2) Failure
to follow Erosion Control Plan, as cited in Division of Land Resources Notices of Violation
dated April 30, 2010 and June 30, 2010,represents a violation of NCG010000 Permit.
c. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain
stormwater controls to optimum efficiency as cited by Division of Land Resources Notices of
Violation dated April 30, 2010 and June 30, 2010,represents a violation of NCGO10000 Permit.
d. Rain Gauge (Part I. Section B. No. 1.)A rain gauge was not observed on the site at the time of
inspection.
e. Rain Gauge Data (Part I. Section B.No. 1.)Rain gauge data, measured daily, was not recorded
and available for review. *However, a site representative was not available during the
inspection.
f. Minimum Monitoring and Record Keeping(Part I. Section B.No. 3) Inspection records of
erosion& sedimentation control measures and stormwater discharges, collected weekly and after
every half-inch or greater rain event,were not recorded and available for review. *However, a
site representative was not available during the inspection.
g. 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) 1.5A NCAC 0213 .0211 (3)f—375
feet of an unnamed tributary of the French Broad River(Class B waters)was impacted by sediment
deposition upwards of 24 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 by August 16,2010. Your response should be sent to both the
attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr.
John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617
Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items:
I. Stream Standard- Other Waste (In-Stream Sediment)
a. Please provide a map of the project area. The map must include all streams and wetlands,
detailing impacts both on- and off-site.
b. Please submit a Sediment Removal Plan to this office for review and approval. The Plan must
address removal of accumulated sediment from all surface waters. You must secure an
environmental consultant experienced in stream restoration to assist you with developing your L_
Plan and obtaining any necessary approvals. It is recommended that your consultant contact
Chuck Cranford of the Asheville Regional Office for additional guidance during Plan
development. The Plan should include:

• A narrative explaining how sediment will be removed; including,techniques, equipment,
manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and complete the
removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of sediment impacts
before and after removal.
• A narrative explaining how and where the removed sediment will be disposed and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a final report documenting the results of the sediment removal
activities should be submitted to Chuck Cranford.
II. Construction Stormwater Permit NCGO10000
a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000
permit conditions.
Note: A copy of the NCGO10000 permit and other forms may be found at the website address -
http://portal.ncdenr.org/web/wq/ws/su/construction
b. Please explain when you anticipate being in full compliance with the NCG010000 Permit and
your Erosion and Sediment Control Plan.
c. Please provide information detailing your compliance with the minimum monitoring and
reporting requirements of the NCGO10000 permit covering the dates from January 2010 to June
2010. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and
weekly inspection/monitoring reports related to your inspections of the approved sedimentation
and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections
subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this
information will constitute violations of the subject NCGO10000 Permit.
d. You should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and on future projects.

Lathe Brogden
July 29,2010
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
[phone].
Sincerely,
97 e. ____
Roger C. Edwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Tim Fox - Henderson County
S:\SWP\Henderson\Complaints\Pleasant View\NOV-2010-PC-0913.7.28.10.doc

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 29, 2010
CERTIFIED MAIL
RETURN RECEIPT REOUESTED 7009 1680 0000 75151154
Charlie Stambaugh
Four Sims Hollow
1178 Ocean Blvd
Atlantic Bch, FL 32233
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Four Sims Hollow
NOV-2010-PC-0911
DWQ Tracking Number: NCR002604
Construction Stormwater Permit NCG010000
Stream Standard Violation- Other Waste (In-stream sediment)
Henderson County
Response deadline: August 16,2010
Dear Mr. Stambaugh
On July 23, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality
(DWQ)conducted a site inspection at the Four Sims Hollow subdivision in Henderson County. Mr. Tim Fox
(Henderson County) and Jason Fulton(N.C. DLR) were present.
Stream standard and Construction Stormwater Permit NCGO10000 condition violations were noted during the
inspection. Sediment impacts to two (2)unnamed tributaries of Brightwater Branch(Class WS-IV; B waters)
were documented. Approximately 1,600 feet of streams were impacted by sediments measuring up to 12 inches
in depth.
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 KL
���'/N����
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Charlie Stambaugh
July 29,2010
Page 2 of 4
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit(NCG010000)is
issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre.
a. Approved Plan (Part I. Section A: No. 2.) During the inspection, a copy of the approved
Erosion and Sediment Control Plan was not on site and available for review.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure
to follow Erosion Control Plan, as cited in Division of Land Resources Notices of Violation
dated April 30, 2010 and June 30, 2010,represents a violation of NCG010000 Permit.
c. Schedule of Compliance (Part I. Section C.No. 2) Failure to operate and maintain
stormwater controls to optimum efficiency as cited by Division of Land Resources Notices of
Violation dated April 30, 2010 and June 30, 2010,represents a violation of NCGO10000 Permit.
d. Rain Gauge(Part I. Section B.No. 1.) A rain gauge was not observed on the site at the time of
inspection.
e. Rain Gauge Data (Part I. Section B. No. 1.)Rain gauge data,measured daily, was not recorded
and available for review. *However, a site representative was not available during the
inspection.
L Minimum Monitoring and Record Keeping(Part I. Section B.No. 3) Inspection records of
erosion& sedimentation control measures and stormwater discharges, collected weekly and after
every half-inch or greater rain event,were not recorded and available for review. *However, a
site representative was not available during the inspection.
g. Twenty-four Hour Reporting(Part II. Section E. No.3) The lack of notification to DWQ _
regarding sediment loss represents violations of NCG010000 Permit.
II. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f—
Approximately 1,600 feet of two (2)unnamed tributaries of Brightwater Branch(Class WS-IV; B
waters) was impacted by sediment deposition upwards of 12 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 by August 16,2010. Your response should be sent to both the
attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr.
John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617
Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please provide a map of the project area. The map must include all streams and wetlands,
detailing impacts both on- and off-site.
b. Please submit a Sediment Removal Plan to this office for review and approval. The Plan must
address removal of accumulated sediment from all surface waters. You must secure an
environmental consultant experienced in stream restoration to assist you with developing your
Plan and obtaining any necessary approvals. It is recommended that your consultant contact
Chuck Cranford of the Asheville Regional Office for additional guidance during Plan
development. The Plan should include:
• A narrative explaining how sediment will be removed; including,techniques, equipment,
manpower and tools to be used.

• A proposed schedule with dates that indicate when you expect to begin and complete the
removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of sediment impacts
before and after removal.
• A narrative explaining how and where the removed sediment will be disposed and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a final report documenting the results of the sediment removal
activities should be submitted to Chuck Cranford.
II. Construction Stormwater Permit NCGO10000
a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000
permit conditions.
Note: A copy of the NCGO10000 permit and other forms may be found at the website address -
http://portal.nedenr.org/web/wq/ws/su/construction
b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and
your Erosion and Sediment Control Plan.
c. Please provide information detailing your compliance with the minimum monitoring and
reporting requirements of the NCGO10000 permit covering the dates from January 2010 to June
2010. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and
weekly inspection/monitoring reports related to your inspections of the approved sedimentation
and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections
subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this
information will constitute violations of the subject NCGO10000 Permit.
d. You should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and on future projects.

Charlie Stambaugh
July 29,2010
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
[phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Tim Fox -Henderson County
S:\S WP\Henderson\Complaints\FourSimsHollow\NOV-2010-PC-0911.7.28.10.doc

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 29, 2010
N.C. Division of Forest Resources
Bill Swartley
1616 Mail Service Center
Raleigh,NC 27699
Subject: 401 Water Quality Certification - Approval
DuPont State Forest Lake Julia Outfall Stream restoration
DWQ Project# 10-0493
Transylvania County
FrB Basin/Reasonover Crk/ 6-38-14-(6) / C,Tr
Dear Mr. Swartley:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 550 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 27 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control 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 550 (feet) S 1 P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 l�e� 1lna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 011e ol
Internet:www.ncwateiquality.org L
An Equal Opportunity�Affirmative Action Employer

Bill Swartley-NCDFR
July 29,2010
Page 2 of 2
Additional Conditions
1. North Carolina Wildlife Commission Comments—The recommendations from the NCWRC provided,
their letter dated July 19, 2010 are hereby incorporated. �\
2. Turbidity Standard-The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213. .0200. As discussed during the meeting July 12, 2010, since
the flow from the dam cannot be altered without potentially having a valve malfunction, sequencing the
project and using temporary water diversion structures to avoid excessive turbidity will be needed.
3. Notification of Construction—The applicant and/or authorized agent shall contact Linda Wiggs in the
Asheville Regional Office at 828-296-4500 three (3) days prior to the commencement of construction.
4. Project Monitoring—This project shall be monitored for stability, annually, for a period of no less than
three(3) years from completion. At the end of construction, an as-built survey shall be completed,
including photographic documentation of structures and features, and submitted within 30 calendar days.
Annually, for three (3) years after the submission of the as-built survey, monitoring of stream stability
shall be conducted and compared to the as-built drawings, along with photographic documentation of
the same structures and features previously submitted. This annual survey shall be submitted to DWQ
within 30 days of the annual event and include a narrative discussing the site progression as well as
addressing any needed repairs. All submissions shall be submitted as a single copy to both the 401
Water Quality Permitting Unit in Raleigh and the Asheville Regional Office at their respective
addresses.
Violations of any condition herein set forth may result in revocation of this Certification and may result inJ
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS/lsw
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office NCSU-Dept. Bio.&Ag. Engineering Greg Jennings
401 Permitting Unit—Central Office 130 Weaver Labs, 3110 Faucette Drive
File Copy Raleigh,NC 27695
S:\SWP\Transylvania\401s\Non-DOT\DuPont State Forest\dupont.Approval.doc

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CD�1\
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, 2010
Caldwell County
DWQ Project 09-0944V.2
NCSR 1367B (Globe Road)
Approval of 401 Water Quality Certification with Additional Conditions-Modification
Mr. Michael Pettyjohn, P.E.
Division 11 Engineer
North Carolina Department of Transportation
Post Office Box25
North Wilkesboro, North Carolina, 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary
to the Johns River for the purpose of widening and making improvements to NCSR 1367B (Globe Road) in Caldwell
County:
Stream Im acts in the Catawba River Basin
Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream
Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts
Intermitte Perennial (linear ft) Perennial Stream (linear ft) Requiring
ut Stream Stream (linear ft) (linear ft) Mitigation
(linear ft) (linear ft)
*Original 0 10 25 40 75 0
approved
impacts at
Station
112+75
Additional 0 10 75 40 125 0
Impacts
with this
approval at
Station
112+75
Downstream
Total 0 10 1 75 1 40 1 125 0
Total Stream Permanent Impact for Project: 85 linear feet. Temporary Impact for Project: 40 linear feet.
* The existing driveway pipe will be left in place and the roadway will be on a new alignment.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623.6748 NorthCarolina
Internet: www.ncwaterquativeActi ��Uurally
An Equal Opportunity 1 Affirmative Action Employer

Mr. Michael Pettyjohn, P.E.
July 30, 2010
Page Two
The project should be constructed in accordance with your application dated July 12, 2010(received July 21, 2010),
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. 3820, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future) exceed one acre, or if total impacts to streams(now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s) of Certification:
1. All other conditions written into the previous Water Quality Certification No. 20090944, dated September 22, 2009,
for this project still apply.
2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams -
shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48`, '/
inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be
met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance
on how to proceed and to determine whether or not a permit modification will be required.
3. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to
(WS-I,WS-II,ORW, HQW, Tr-pick applicable)waters. However, due to the size of the project,NC DOT shall not
be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover
(wheat, millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15
business days of ground disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For
the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control
devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples,
stakes,or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary
groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a
fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.

A Pettyjohn, P.E.
2010
_ge Three
4. The permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
with the application.
5. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
6. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh,North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60)days following receipt of the
`certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500,
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, USACE, Raleigh Field Office
Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Asheville Regional Office
90944V.2(Pettyjohn)NCSR 1367B(Globe Road)

11'9A
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, 2010
Edwin E Morrow
M-B Industries Inc
PO Box 1118
Rosman NC 28772
SUBJECT: Compliance Evaluation Inspection
M-B Industries WWTP
Permit No.- NC0000311
Transylvania County
Dear Mr. Morrow:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted at your facility on July 20, 2010. The facility was found
to be in Compliance with permit NC0000311.
The assistance provided by Wade Sanders during the inspection was greatly
appreciated. Please refer to the enclosed inspection report for additional observations
and comments. If you have any questions, please call do not hesitate to contact me at
828-296-4500.
Sincerely,
Keith Haynes
Environmental Sr. Specialist
Enclosure
cc: Wade Sanders, ORC
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 North Carolina
Internet:www.ncwaterouality.org Natural&

j
`ti. ;,
`/
__

United States Environmental Protection Agency
EPA 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 15I 31 NC0000311 111 121 10/07/20 117 18I cI 19I SI P0U
Remarks
211III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70IU 711 I 72I NI 731 I 174 75I I I I Ill 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)
M-B Industries WWTP 11:45 AM 10/07/20 05/09/01
US Hwy 64 W Exit Time/Date Permit Expiration Date
Rosman NC 28772
12:15 PM 10/07/20 10/08/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Wade Sanders/ORC/828-862-4201/
Name,Address of Responsible Official/Title/Phone and Fax Number
Edwin E Morrow,PO Box 1118 Rosman NC 28772//828-862-4201/ Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Operations&Maintenance 0 Self-Monitoring Program 0 Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/O ;�
'2 { i
`t - f0
Signature of Management QAReviewer Agency/Office/Phone and Fax Numbers Date
AR
Roger C Edwards tom(®- ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. ! G-
Page# 1

NPDES yr/mo/day Inspection Type
SI NC0000311 I11 12I 10/07/20 I17 18,_I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
No problems were noted. There was a discharge from outfall 002 and outfall 003 but no discharge from
outfall 001. No impacts were noted in the receiving stream.
i
Page# 2

Permit: NC0000311 Owner-Facility: M-B Industries WWTP
Inspection Date: 07/20/2010 Inspection Type: Compliance Evaluation
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge 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? ■ ❑ ❑ ❑
Is the facility as described in the permit? ■ ❑ 13 f_l
#Are there any special conditions for the permit? 11 (1 ■ 0
Is access to the plant site restricted to the general public? ■ 0 [I 13
Is the inspector granted access to all areas for inspection? ■ Q ❑ n
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ 0 ❑ n
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ 0
If effluent (diffuser pipes are required) are they operating properly? (=1 ❑ ■ 0
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ❑ ■ ❑ fl
Is sample collected below all treatment units? ■ fl
Is proper volume collected? ■ Cl Cl fl
Is the tubing clean? Q f_l ■ Cl
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? Q ❑ ■
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ Q
Comment: Samplling is performed by grab composite as the discharge is not
continuous and only operates one shift.
Page# 3

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