DWR SWP Read File Archive August 2009

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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
August 3, 2009
Mr. Ralph Wright-Murphy
Evergreen Foundation
PO Box 127
Sylva, NC 28779 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0316
Permit No. NCO032361
The Balsam.Center for Hope.& Recovery
Dear Mr. Wright-Murphy: Haywood County
A review of The Balsam Center for Hope & Recovery's monitoring report for April 2009
showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Total Ammonia 04/30/09 6 mg/I 6.58 mg/I Monthly Average
Nitrogen Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
. Y y p continuing nature not related too operation The Division of Water Quality may pursue enforcement actions for this and an
additional violations. If the violations are of a g p on and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
xc: WQ Central Files /ARO Files
NortKarolina
Naturally
North Carolina Division of Water Quality 2090 US Highway 70;Swannanoa, N.C. 28778 Phone: [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX: [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 3, 2009
Mr. Louis Daniel Worley
642 Long Branch Road
Canton, NC 28716
SUBJECT: NOTICE OF VIOLATION
Worley Property
NOV-2009-SS-0034
Stream Standard Violation—Removal of Best Usage
401 Water Quality Certification (WQC) Conditions
Haywood County
Response deadline: August 18
Dear Mr. Worley:
On July 16, 2009, Kevin Barnett and Susan A. Wilson from the Asheville Regional Office of the
Division of Water Quality (DWQ) conducted a site inspection for your property along Beaverdam
Road in Haywood County, in response to Haywood County's Notice of Violation dated July 13,
2009. _
Stream standard and 401 Water Quality Certification violations were noted during the inspection.
Fill along Beaverdam Creek and an unnamed tributary to Beaverdam Creek, a Class C stream in
the French Broad River Basin, was documented constituting standard violations. Approximately
300 feet of the stream had been filled.
As a result of the site inspection and file review, the following violations, detailed below,were
noted:
I Failure to secure a 401 Water Quality Certification
II Removal of Best Usage 15A NCAC 02B.0211 (2)
VIOLATIONS
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
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 Na f l��N�//
An Equal Opportunity l Affirmative Action Employer

Mr.Worley
August 3,2009
Page 4 of 4
This office requires that the violations, as detailed above, be abated immediately. These
violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matters,
please contact Susan A. Wilson at(828) 296-4500.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Haywood County Planning
Lori Beckwith, USACOE
....._.._.......
G:\WPDATA\DEMWQ\Haywood\Complaints-Misc\Worley property\Worley NOV 8 2009.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 3, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 9371
Michael J. and Marsha R. Ball
884 Old Leicester Highway
Asheville,NC 28806
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Ball Property
NOV-2009-CV-0004
Stream Standard Violation—Removal Of Best Usage
Failure to Secure 401 Water Quality Certification (WQC)
Buncombe County
Response deadline: August 21, 2009
Dear Mr. And Mrs. Ball:
On July 28, 2009, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at your property located along Old Leicester Highway
along an Un-named Tributry to the French Broad River in Buncombe County.
401 certification, and stream standards violations were noted during the inspection and file review.
Excavation and rip-rap backfill along with a low head dam have been constructed along an un-
named tributary to the French Broad River(Classified C) were documented constituting
certification and standard violations.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
I Failure to Secure a 401 WQC
1I Removal of Best Usage 15A NCAC 02B.0211 (2)
VIOLATIONS
I. Failure to Secure a 401 WQC -The excavation and resultant rip-rap backfill of
approximately 170 linear feet and the installation of an approximate 8 foot wide dam in an
un-named tributary to the French Broad River(Class C) represents violations of 15A
NCAC 2H .0500. DWQ site visits and file review confirmed that impacts occurred without
a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S.
Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity nor
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 fly+ //
Internet: www.ncwaterquality.org Naty al
An Equal Opportunity 1 Affirmative Action Employer

Ball Property
August 3,2009
Page 2 of 3
has notification been provided to the COE for this activity. The file review confirmed that a
Pre-construction Notification has not been received by the Division of Water Quality for
this project and that a 401 Water Quality Certification has not been issued. A Pre-
Construction Notification submitted to DWQ is required prior to the above-mentioned
impacts pursuant to 15A NCAC 2H .0500.
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 178 linear feet of an
un-named tributary to the French Broad River (Class C) was impacted by stream
excavation and rip-rap fill, representing Water Quality Stream Standard violation of 15A
NCAC 02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing on, or before, close of business on August 21,
2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water
Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh,NC 27699-1617. Your response should address the following items:
I. Failure to Secure a 401 WQ Certification
a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
d. Satisfactory stream restoration requires planting in accordance with the EEP
Publication"Guidelines for Riparian Buffer Restoration". This document is
available electronically at http://www.nceep.net/news/reports/buffers.pddf.
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please provide documentation(including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers)on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
b. Please submit the following documents for review and approval:
• Stream Restoration Plan (excavation and rip-rap fill)—Please explain how you
plan to restore the pattern, profile and dimension of the impacted stream
channels to include the removal of riprap. The streambed must be restored to

the original profile, the stream banks must be stabilized, and any fill material
must be removed from the riparian zone. Replanting of the riparian zone will be
required.
• Permit Application—If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. An application for a 401 Water Quality Certification
to DWQ will also be required. Please note that sediment impacts to streams are
not permittable.
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished, and if you plan to seek a permit for the
permittable impacts,when an application will be submitted
• It is required that you contact the Division of Land Resources and the U.S.
Army Corps of Engineers. These contacts are necessary to ensure that your
restoration efforts are in compliance with the Sedimentation Pollution Control
Act and Section 404 of the Clean Water Act.
Thank you for your attention to this matter.This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations,as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
- you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit—Electronic Copy
US Army Corps of Engineers—Electronic Copy
NC Wildlife Resources Commission—Electronic Copy
ARO File Copy
Division of Land Resources —Electronic Copy
Buncombe County Planning
G:\WPDATA\DEMWQ\Buncombe\401 s\NOV2009CV0004.BaIIProperty.Leicester.doc

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RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 4, 2009
Mr. & Mrs. Joseph F. Morel Mr. & Mrs. James J. Boyett
782 Glenwood Drive 10 Morning Dew Drive
Lake Mary, FL 32746 Asheville, North Carolina 28804
Mr. & Mrs. Raymond F. Polinko Mr. & Mrs. Thomas T. Rogers
38 Nichols Hill Drive 15 Morning Dew Drive
Asheville, North Carolina 28804 Asheville, North Carolina 28804
Mr. & Mrs. Charles R. Miller Mr.& Mrs. J. Scott Hughes
7 Morning Dew Drive 37 Nichols Hill Drive
Asheville, North Carolina 28804 Asheville, North Carolina 28804
Mr. & Mrs. Richard D. Gloor Mr. & Mrs. Ernest V. Marshall
39 Nichols Hill Drive 42 Nichols Hill Drive
Asheville< North Carolina 28804 Asheville, North Carolina 28804
Mr. Sira Ramesh Mr. Charlie Sullivan
33 Nichols Hill Drive 35 Nichols Hill Drive
Asheville, North Carolina 28804 Asheville, North Carolina 28804
Dear Sirs & Madams:
Research indicates that your homes are served by a privately owned sewer
generally crossing property belonging to David B. Hyder. The sewer is not actively
maintained and may have a flat section making it prone to blockage. On July 30, 2009
the sewer was observed to be overflowing from a cleanout below 18 Morning Dew
Drive.
The North Carolina General Statutes require that a person owning or controlling
a residence must provide an approved wastewater system. A sewer blocked and
overflowing is not an approved system. Anyone contributing to the overflow is subject to
the Division of Water Quality's enforcement procedures and injunctive relief. A sewer
system which is not providing adequate treatment of the wastewater from customers
presently connected obviously is unsuitable for service to additional customers.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 y,�l//�
Internet: www.ncwaterquality.org �/ay atub
An Equal Opportunity\Affirmative Action Employer

August 4, 2009
Page 2 of 2
You need to immediately unblock the sewer serving your house thereby stopping
the overflow of sewage to land surface. Evidence indicates that the sewer had a flat or
possibly even upward sloping segment that accumulates solids leading to a blockage.
This segment needs to be dealt with by relaying at a proper grade. Until such time that
the problem segment can be re-laid or otherwise dealt with, the line needs to be
inspected weekly. The line was unblocked three of four weeks ago as a courtesy by the
MSD. That repair work did not last long thereby indicating the need for frequent
inspection.
Should you need to discuss this matter please do not hesitate to contact me. My
direct phone number is [phone].
Sincerely,
Roy M. Davis
Environmental Engineer
Xc: David Hyder
Roger Watson, MSD
Mike Butler, MSD
G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Morning Dew Drive.doc

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 4,2009
Mr. Michael L. Holder, P.E.
Division 12 Engineer
N.C. Department of Transportation
Post Office Box 47
Shelby,North Carolina 28151-0047
Subject: Inspection-US Highway 64
DWQ Project 07-0470
TIP No.B-4258
Rutherford County
Dear Mr. Holder:
On July 28, 2009, I inspected the construction work on US Highway 64 project(Replacement of Bridge No. 7)
in Rutherford County. The bridge construction and road realignment work is continuing.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. 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: Trish Simon, Division 12, DEO
Neil Trivette,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Holder)US Highway 64 Inspection Letter July 2009
- SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCafollna
Internet:www.nGwaterguaiity.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

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DWO Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: July 28,2009
County: Rutherford -� Region: I Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 07-0470 _� NW Permit#: IP
Project Name: US Highway 64 Bridge Replacement Bridge No.7
Location of Project: US Highway 64 at Lake Lure
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWO):
X❑ Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ 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 ❑ 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 impactCft/ 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): Broad River
Basin/Subbasin: BRD 030501
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 FICA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10tn acre ❑1/111"to 1/3`d acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Work continues on Bridge No.6 over the Broad River. The center span of beams have been set over the river.
Nail wall was being constructed along new roadway alignment.
Rip rap along Broad River appears to contain a lot of fine material. Clean rip rap should be used for bank
stabilization.
Continue to maintain erosion control devices and continue with seeding and matting as required.
Project looked to be in good condition and shape.
US Highway 64 July 2009 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
August 4,2009
Mr.Michael L. Holder,P.E.
Division 12 Engineer
N.C. Department of Transportation
Post Office Box 47
Shelby,North Carolina 28151-0047
Subject: Inspection-NCSR 1347
Parris Road
DWQ Project 08-0504
TIP No.B-4631
Rutherford County
Dear Mr. Holder:
On July 28, 2009,1 inspected the completed construction work on Project B-4631,NCSR 1347(Parris Road)
in Rutherford County. The culvert construction work has been completed and the work associated with the
culvert(floodplain benches)appears to be working properly.
The area appears to be stable and please continue to ensure that all sediment and erosion control structures are
maintained through the fall. 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: Trish Simon,Division 12, DEO
Neil Trivette,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Holder)NCSR 1347(Parris Road)Inspection Letter July 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarol.ina
Internet:www.ncwaterguality.org vvaturgllb
An Equal Opportunity 1 Affirmative Action Employer t LL [l

DWQ Site Visits for DOT Proiects_
Field Sheet
DWQ representative: Michael R. Parker Date: July 28,2009
County: Rutherford Region: I Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0504 NW Permit#: 1 IP#:
Project Name: Replacement of Bridge No. 526 NCSR 1347(Parris Road)
Location of Project: NCSR 1347 (Parris Road)
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 1 7 ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes ❑ 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 f1i ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

_
DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): West Branch Mountain Creek
Basin/Subbasin: BRD 030501
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV RSA FICA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre ❑1/1 I1h to 1/3rd acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
.... ....... ... ....._
Work on the new culvert has been completed. The floodplain benches on the inlet and outlet of the culvert
appear to be working properly.
The area appears to be well stabilized. Please continue to maintain erosion control devices through the fall
growing season.
NCSR 1347(Parris Road)July 2009 Inspection Report i

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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
August 5, 2009
Mr. Sam Greenwood, Town Manager
Town of Franklin
Post Office Box 1479
Franklin, North Carolina 28744
Subject: Sewer Moratorium
US Highway 64 Corridor
Town of Franklin
Macon County
Dear Mr. Greenwood:
We are pleased to hear that the Town of Franklin is pursuing supplemental
funding from the Rural Center to assist in the completion of the sewer system
necessary to provide proper sewer service to the Highway 64 corridor. On January 2,
2000 the CR Pump Station and the force main paralleling Old Murphy Road were
placed on moratorium as a result of frequent overflows from the CR Pump Station. This
restriction on any new connections to this system remains in effect.
New construction taking place after January 2, 2000, which would normally use
the CR Pump Station or Old Murphy Road force main, has had to find some alternative
means of sewer service. In a growing area like Franklin, which has a central sewer
system, your would always prefer use of the central system rather than a proliferation of
alternative individual systems.
This project, when completed, should have the effect of reducing the volume of
Infiltration/Inflow entering the Town's collection system. This reduction in volume of
extraneous flow will have the benefit of reducing frequency and volume of Sanitary Sewer
overflows occurring on the Greenway. Reducing the volume of raw sewage at this very public
location is considered highly desirable from the public health standpoint.
The proposed project will allow the abandonment of two old "can style" pump stations
with their attendant confined space problems and difficulty of access for purposes of
maintenance.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarofina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 y��l//�
Internet: www.ncwaterquality.org (/ y a,a��`
An Equal Opportunity 1 Affirmative Action Employer

Mr. Sam Greenwood
August 5, 2009
Page 2 of 2
I wish the Town success in seeking supplemental Rural Center funding. Please
do not hesitate to call me at [phone] if I can be of further assistance.
Sincerely,
Roy M. Da is
Environmental Engineer
Xc: Forest Westall, PE
G:\WPDATA\DEMWQ1Macon\Franklin Collection System\Highway 64 Sewer Letter.09.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 5, 2009
Mr. Gary Jensen
The Switzerland Inn
P.O. Box 399
Little Switzerland, North Carolina 28749
Subject: NOTICE OF VIOLATION
NOV-2009-LM-0023
Permit No. NCO030996
The Switzerland Inn WWTP
McDowell County
Dear Mr. Jensen:
A review of The Switzerland Inn's monitoring report for May 2009 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
DO, Oxygen, Dissolved 05/11/09 5 mg/I 3.6 mg/I Daily Minimum
Not Reached
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week of 05/09/2009 Twice Weekly Failure to Monitor
Dissolved Oxygen Week of 05/23/2009 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it
should have been marked"Non-Compliant'with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Ken Deaver/ORC
GAWPDATA\DEMWQ1,Mcdowell130996 Switzerland Inn130996 NOV-2009-LN1-0023.doc NonrthCarolina
NatrrrallIf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newatercluality.org FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
August 5, 2009
Mr. Bob B. Leatherwood
Silver Bluff Village
100 Silver Bluff Drive
Canton, NC 28716
SUBJECT: Compliance Evaluation Inspection
Pigeon Valley Rest Home
Permit number: NCO033600
Haywood County
Dear Mr. Leatherwood:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 4, 2009. The facility was found to be in compliance with permit
NC0033600.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
xC: Central Files
Asheville Files
ne
NxrthCarolina
Wura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwatergualitV.org FAX[phone]

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United States Environmental Protection Agency Form Approved.
EPA
n Washington,D.C.20460 OMB No.2040-0057
C !'1 Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO033600 Ill 121 09/08/04 117 18I CI 191 SI 20I II
Remarks
291111 1111 111111111111 11111111 11111III I I I I I III 1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved---------------------
671 1.0 169 70131 71 I_I 721 NJ 73 W 74 751 I I 1 I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 09/08/04 06/12/01
Pigeon Valley Rest Home
100 Silver Bluff or Exit Time/Date Permit Expiration Date
Canton NC 28716 11:00 AM 09/08/04 11/01/31
Name(s)of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data
Gifford C Raulerson/ORC/828-235-8451/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bob B Leatherwood100 Silver Bluff Dr Canton NC
28716//828-648-20W8286482065 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/
Si ure of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
q o-s 01.
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) i
3I " 12 17 '$
NCO033600 II 09/08/04 ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Inspection:
Gifford Raulerson, grade II certified contract operator with Goldie &Associates, assisted in
the inspection. -
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 4-1-2008 by Janet Cantwell
The permit expires on 1/31/2011. Please request a permit renewal 6 months prior to expiration. A renewal
notice will be mailed as a reminder.
The 2008 Annual Performance Report was received on March 9, 2008.
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
This facility appears to be in need of the proposed improvements, i.e. flow equalization and
sludge holding.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Page# 2

Permit: NCO033600 Owner-Facility: Pigeon Valley Rest Home
Inspection Date: 08/04/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ ❑
Is the facility as described in the permit? n ■ n n
#Are there any special conditions for the permit? n ■ ❑ n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment: Description should read: 0.025 MGD extended aeration (Clow®) package
VWVf P with: manual bar screen; aeration basin; dual clarifiers with sludge returns (one
clarifier is rectangular and part of the original Clow® unit and one is circular&was
added on to the plant); flow splitter; aerated sludge holding tank; dual tablet chlorination
systems; tablet dechlorination; and post aeration. Plans have been submitted and are
under review, for the addition of flow equalization and an aerobic digestor.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? ■ ❑ n n
Is the screen free of excessive debris? ■ ❑ ❑ n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ ❑ ❑ n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? ❑ ❑ ■
Are the diffusers operational? ■ ❑ n
Is the foam the proper color for the treatment process? ■ ❑ n n
Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ n
Is the DO level acceptable? ■ n ❑ n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n ❑ n
Comment:
Secondary Clarifier Yes No NA NE
Page# 3

Permit: NC0033600 Owner-Facility: Pigeon Valley Rest Home
Inspection Date: 08/04/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ n ❑
Are weirs level? ■ ❑ ❑ [1
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ n n I=1
Is the site free of excessive floating sludge? ■ ❑ n ❑
Is the drive unit operational? ■ ❑ ❑ n
Is the return rate acceptable(low turbulence)? ■ n 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 1=l n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ n ❑Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 8
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ ❑ n n
Is there chlorine residual prior to de-chlorination? ■ n ❑ ❑
Comment: There are two tablet chlorinator units. Each unit is currently dispensing 4
tubes of tablets. In addition, tablets have been.placed in the weir troughs of both
clarifiers to kill algae and disinfect the wastewater.
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ ■ ❑
Is storage appropriate for cylinders? n n ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ n ❑ ❑
Comment:
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Are tablet de-chlorinators operational? ■ ❑ n n
Page# 4

Permit: NCO033600 Owner-Facility: Pigeon Valley Rest Home
inspection Date: 08/04/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Number of tubes in use?
Comment: Dechlorination basin is equipped with post aeration (1 HP). It is
recommended that this basin be pumped, in addition to the clarifier stilling well and
sludge holding tank, during the monthly pumping visit..
Operations$Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n ■ ❑ n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n ❑ n
Judge,and other that are applicable?
Comment: The grass and weeds need to be kept mowed.
Page# 5

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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
August 5, 2009
Anna Proctor
Proctor 3
2823 Providence Road
Suite 172
Charlotte,North Carolina 28211
Subject: Incident Closure
NOV-2009-SS-0019
Rutherford County
Dear Ms. Proctor:
The Division of Water Quality (DWQ) has received a report from C1earWater Environmental
Consultants, Inc. reporting the remedial actions completed in response to the Notice of Violation
and Recommendation for Enforcement(NOV)noted above.
DWQ has reviewed the information provided, including the photographs. The written response and
documented results have satisfactorily resolved the violations noted in the subject NOV.
Thank you for your cooperation in this matter. Should you have any questions or concerns,please
contact me at(828)296-4664.
Sincerely,
i
Chuck ranford
Environmental Specialist
Surface Water Protection
cc: ClearWater Environmental Consultants(e-copy)
Clint Calhoun—Town of Lake Lure (e-copy)
ARO File Copy
DWQ Central Files
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 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
August 5, 2009
Mr. James Kunevicius
Coastal Ventures Group II LLC
127 N. Tryon Street, Suite 602
Charlotte, North Carolina 28202
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0345
Permit No. NCO080098
Blue Ridge Country Club WWTP
McDowell County
Dear Mr. Kunevicius:
A review of Blue Ridge Country Club WWTP's monitoring report for May 2009 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day(20 Deg. C)- 05/27/09 7.5 mg/I 8.3 mg/I Daily Maximum
Concentration Exceeded
Solids, Total Suspended - 05/27/09 7.5 mg/I 8.6 mg/I Daily Maximum
Concentration Exceeded
Solids, Total Suspended - 05/31/09 5 mg/I 5.35 mg/I Monthly Average
Concentration Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger tEdwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Dennis Perk/Homeowners Association
Mike Nedrow/Linville Falls Mountain Club
James &James Environmental/ORC
G:IWPDATA\DEMbVQ\Mcdowell180098 Blue Ridge Country Club188098 NOV-2009-LV-0345.doc NorthCarolina
N,Vura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.ora FAX [phone] 1-877-623-6748

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 5, 2009
Mr. Eliot Godfrey
McDowell County Adult Care LLC
P.O. Box 1690
Little River, South Carolina 29566
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0342
Permit No. NCO035157
Cedarbrook Residential Center WWTP
McDowell County
Dear Mr. Godfrey:
A review of Cedarbrook Residential Center's monitoring report for April 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 04/30/09 0.003 mgd 0.004 mgd Monthly Average
treatment plant Exceeded
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it
should have been marked"Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should betaken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab &Operations/ORC
G:\�VPDATN1DEMNIVQ Mcdowell'\35157 Cedarbrook Residential Center\35157 NOV-2009-LV-0342.doc NorthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e�828�299_4043 1500 ustome 6748e
s,�7 Internet: www.ncwaterqu ality.org FAX

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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
August 5, 2009
Mr. Eliot Godfrey
McDowell County Adult Care LLC
P.O. Box 1690
Little River, South Carolina 29566
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0344
Permit No. NCO035157
Cedarbrook Residential Center WWTP
McDowell County
Dear Mr. Godfrey:
A review of Cedarbrook Residential Center's monitoring report for May 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 05/31/09 0.003 mgd 0.004 mgd Monthly Average
treatment plant Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
A review of the files for the last twelve months indicates that this facility is at 81 %of its permitted flow of
0.003 MGD. To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab &Operations/ORC
G:\WPDATA\DEMWQ\Mcdowell\35157 Cedarbrook Residential Center\35157 NOV-2009-LV-0344.doc NorthCarolina
Natu.r-glly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 5, 2009
Joseph J Kalo, IV
Raven Ridge, LLC
PO Box 1998
Burlington,NC 27216
Subject: Incident Closure
Lago Vista
DWQ Tracking Number: NCR001314
NOV-2009-PC-0349 and
NOV-2009-PC-0428
Rutherford County
Dear Mr. Kalo:
On July 22, 2009,the Division of Water Quality(DWQ) conducted a follow-up site inspection at
the Lago Vista development in Lake Lure, Rutherford County. Mr. Clement Riddle of C1earWater
Environmental Consultants (CEC)was present.
An inspection of the impacted stream and lake found the results of sediment removal/stream
restoration efforts to be satisfactory to resolve the violations related to the subject NOVs.
Subsequently,the DWQ has received a final report from CEC summarizing the findings; including,
photo documentation.
Thank you for your cooperation in this matter. Should you have any questions or concerns,please
contact me at(828) 296-4664.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit(e-copy)
Clint Calhoun—Town of Lake Lure (e-copy)
Clement Riddle—CEC (e-copy)
ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Rutherford\Stormwater Construction NCGO I O\RavenRidge\NOV Closure_8-4-09.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI hCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 //
Internet: www.ncwaterquality.org `/�y7 aturallrf
An Equal Opportunity\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 31, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9364
Mr. Doyle Freeman, Director CERTIFIED MAIL—2ND MAIL ATTEMPT 8/5/2009
Henderson County Utilities RETURN RECEIPT EQUESTED-70071490 0004 0798 9388
235 St. John Road Doyle Freeman, Director
Unit F Henderson County Utilities Department
Fletcher,North Carolina 28732 100 North King Street, Suite 210
Hendersonville NC 28792-5053
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086070
Henderson County Utilities
Western Justice Academy WWTP
Case No. LV-2009-0267
Henderson County
Dear Mr. Freeman:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$550.00
($550.00 civil penalty+ enforcement costs) against Henderson County Utilities.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Henderson County Utilities for the month of May 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086070. The violations which occurred in
May 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson County Utilities violated
the terms, conditions or requirements of NPDES Permit NCO086O70 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 Henderson County Utilities:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Noe hCarolliina
Location:2090 U.S.Highway 70,Swannanoa,NC 28778atural[,�
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.newateraualitv.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No`
$250.00 NC0086070,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Cone.
3 of the 3 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$300.00 NC0086070, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
$550.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$615.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty �-
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative

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

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
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
Trevor McMinn/ORC w/attachments
G:`•:u PD.ATA 1)F.i�IbVt?1Tlenderson"860770 Justice Ac.demyt86010 LN-2009-0267.doc

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

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

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
August 6 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9418
Mr. Lee H. Clippard, Sr.
City of Saluda
PO Box 248
Saluda,NC 287730248
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 NCO028975
City of Saluda
Saluda WWTP
Case No. LV-2009-0268
Polk County
Dear Mr. Clippard :
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,626.50 ($1,562.50 civil penalty+ $64.00 enforcement costs) against City of Saluda.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by City of Saluda for the month of April 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0028975. The violations which occurred in April 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Saluda violated the terms,
conditions or requirements of NPDES Permit NCO028975 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 City of Saluda:
One
NorthCarolina
U SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE MUMMY
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Polk\28975 Saluda WWTP

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$00.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$125.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
2 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0028975, 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. ,
$312.50 NC0028975, by discharging waste water into the waters of the State J
in violation of the Permit Monthly Average limit for NH3-N - Conc.
$1,562.50 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$1,626.50 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:

Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.

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

have any questions, please contact Jeff Menzel of the Water Quality staff of the
.ieville Regional Office at 828-296-4500.
Sincerely,
Rogeer C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Enforcement Files w/attachments
Central Files w/attachments
DWQ Asheville Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0268 County: Polk
Assessed Party: Town of Saluda
Permit No. NC0028975 Amount Assessed: $1,626.50
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:

E OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
'OUNTY OF POLK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF SALUDA )
PERMIT NO. NCO028975 FILE NO. LV-2009-0268
Having been assessed civil penalties totaling $1,626.50 or violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 6, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 7, 2009
Mr. Chris Braund, Town Manager
Town of Lake Lure
PO Box 255
Lake Lure NC 28746-0255
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0348
Permit No. NCO025381
Lake Lure WWTP
Rutherford County
Dear Mr. Braund,
A review of Lake Lure WWTP's moni oring report for May 2009 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended- 05/09/09 45 mg/I 50.7 mg/I Weekly
Concentration Average
Exceeded
Nitrogen, Ammonia Total 05/31/09 4.3 mg/1 4.45 mg/1 Monthly
(as 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 Jeff
Menzel. The Division of Water Quality may pursue enforcement actions for this and any additional violations.
If you should have any questions,please do not hesitate to contact Jeff Menzel or me at 828/296-
4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Central Files
DWQ Asheville Files
No hCarolina
atura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.ora FAX [phone] 1-877-623-6748
G:\WPDATA\DEMWQ\Rutherford\25381 Lake Lure WWTP

MA
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
August 7, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9401
Mr. Lee H. Clippard, Sr.
City of Saluda
PO Box 248
Saluda,NC 287730248
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 NCO028975
City of Saluda
Saluda WWTP
Case No. LV-2009-0269
Polk County
Dear Mr. Clippard :
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$751.50
($687.50 civil penalty + $64.00 enforcement costs) against City of Saluda.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by City of Saluda for the month of May 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0028975. The violations which occurred in May 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Saluda violated the terms,
conditions or requirements of NPDES Permit NCO028975 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against City of Saluda:
None
rthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE naturally
Location:2090 U.S. Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.orq G:\WPDATA\DEMWQ\Polk\28975 Saluda WWTP

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$125.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N - Conc.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0028975, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$687.50 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$751.50 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. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617 ,'

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

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

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0269 County: Polk
Assessed Party: Town of Saluda
Permit No. NC0028975 Amount Assessed: $751.50
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 ENVIRONMENT,,
AND NATURAL RESOURCES
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF SALUDA )
PERMIT NO. NCO028975 FILE NO. LV-2009-0269
Having been assessed civil penalties totaling $751.50 or violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 7, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
1
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
August 7, 2009
DWQ Project# 07-1841
Buncombe County
Lew S. Bleweis, Director
Asheville Regional Airport Authority
61 Terminal Drive
Suite 1
Fletcher,North Carolina 28732
Subject Property: Inspection Report
Asheville Regional Airport Expansion
Dear Mr. Bleweis
On June 29, 2009, the Division of Water Quality (DWQ) performed a site inspection at the Airport
Expansion site. In attendance were, Landon Davidson of the Aquifer Protection Section, Susan Wilson
and Kevin Barnett with Surface Water Protection Section and Gene Suprenant with Charah.
During the site inspection and subsequent file review, it was determined that the culvert installation did
not follow the approved plans submitted to this agency. Within 30 days, you must submit application to
this agency for a modification of the existing Water Quality Certification with plans,which would reflect
the"as-built"conditions on-site.
Please call Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Asheville Regional Office
Surface Water Protection Section
RCE
cc: DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
David McHenry,NC Wildlife Resources Commission ---
File Copy
Central Files
Filename: 07-1841.Ashevi 11 eRegion alAirpponExpans ion.Add-Info
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 y+ l/�
Internet: www.ncwaterquality.org �a'atu a
An Equal Opportunity 1 Affirmative Action Employer

LTIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director -- Dee Freeman
Governor Secretary
August 7, 2009
Robert Crawley
Post Office Box 517
Icard,North Carolina 28666
SUBJECT: NOTICE OF VIOLATION
NOV-2009-CV-0005
Failure to Comply with NCGO10000 Permit
Burke County
Response deadline: August 24, 2009
Dear Mr. Crawley:
By copy of a Notice of Violation from the NC Division of Land Resources, the Division of Water
Quality became aware that you began a land disturbing activity, which is regulated under NPDES
permit number NCG010000. Construction Stormwater Permit NCGO10000 violations were noted
during the file review.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
I Construction Stormwater Permit NCGO10000
i. Schedule of Compliance (Part 1. Section C. No. 2)
II Stream Standard Violation Other Waste (In-stream sediment)
15A NCAC 02B .0211 (3)f
VIOLATIONS
Violations:
1. Failure to Secure Stormwater General Permit NCG010000
A Divison of Land Resources Erosion Control file review confirmed that Sedimentation
-- and Erosion Control plan approval had not been applied for nor secured for the land
disturbing activity; therefore, coverage under the NPDES General Permit to discharge
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 a���'/��//�
Internet: www.ncwaterquality.org ��/ `i "
An Equal Opportunity 1 Affirmative Action Employer

Robert Crawley
August 7,2009
Page 2 of 4
stormwater from land disturbing activities has not been secured in accordance with the
provision of North Carolina General Statute 143-215.1. This General Permit is applicable
to point source discharges from construction activities disturbing five acres of land prior to
March 10, 2003. As of March 10, 2003, this permit will be applicable to point source
discharges of stormwater from construction activities disturbing one or more acres of land.
The submission of a proposed Erosion and Sedimentation Control Plan to the Division of
Land Resources or delegated local program shall be considered to take the place of a
Notice of Intent for coverage under this General Permit for those projects requiring this
Permit coverage. Coverage under this General Permit shall become effective upon issuance
of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section
of the Division of Land Resources or delegated local program. Prior to the commencement
of construction and land disturbing activities approval of the Erosion and Sedimentation
Control Plan shall be obtained.
2. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f—An un-named tributary to Drowning Creek(Class WS-IV) 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 in writing on, or prior to close of business, August 24,2009.
Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCGO10000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit.
b. Please explain when you anticipate being in full compliance with the NCGO 10000
Permit and your Erosion and Sediment Control Plan.
c. Please provide information detailing your compliance with the minimum
monitoring and reporting requirements as requested above for each phase of the
project. This information must include monitoring records through to the date of
your written response to this letter. 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. The permit language can be found at:
http://h2o.enr.state.nc.us/su/documents/GPNCGO 1-20090707-DWQ-SPU pdf

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
proj ects.
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. This information must be clearly
depicted on a map that you provide as a part of this response;
c. Please submit a Sediment Removal Restoration Plan(Restoration Plan)to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from Little Silver Creek (Class C). The Restoration Plan
must be submitted to the Division of Water Quality for review and approval prior to
implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with your plan development, permit
application and authorization necessary to achieve compliance. It is recommended
that your consultant contact Kevin Barnett of the Asheville Regional Office for
additional guidance during restoration plan development. The Restoration Plan
should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Kevin Barnett.

Robert Crawley
August 7,2009
Page 4 of 4
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Kevin Barnett at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Burke County Planning
G:\WPDATA\DEMWQ\Burke\Stormwater Construction NCGO1\NOV2009CV0005.RobertCrawley.doc

T;
wwl;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
August 7, 2009
Mr. Mack Edmisten, Director of Public Utilities
City of Lenoir
Post Office Box 958
Lenoir, North Carolina 28645
Subject: Permit No. WQ0034264
City of Lenoir
Old Mill Road
Wastewater Collection System Extension
Caldwell County
Dear Mr. Edmisten:
In accordance with your application received on July 24, 2009 we are forwarding herewith
Permit No. WQ0034264 dated August 7, 2009, to the City of Lenoir for the construction and operation
of the subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0400 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T .0305; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing
board.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

City of Lenoir August 7, 2009 Pag,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Lenoir for the construction and operation of approximately 294 linear feet of 8-
inch diameter gravity sewer to serve the Old Mill Road area and the discharge of 1,440 gallons per day
of collected domestic wastewater into the City of Lenoir's existing sewerage system, pursuant to the
application received on July 24, 2009 and in conformity with 15A NCAC 02T .0305; the Division's
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted
June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the City of Lenoir
Lower Creek Wastewater Treatment Facility (Permit No. NC0023981) prior to being discharged into the
receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at
[phone].
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Caldwell County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0023736)
P. Marion Rothrock, PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CITY OF LENOIR
OLD MILL ROAD SEWER
CALDWELL COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034264
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 02T .0305; 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 02T .0400. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T
.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 §143-215.1 C.
1

Permit No W00034264 City of Lenoir Old Mill Road Gravity Sewer. Caldwell County. August 7 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 02T .0305; 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 02T .0305;
the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to
an enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

dt No W00034264 City of Lenoir Old Mill Road Gravity Sewer. Caldwell County August 7 2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 7th day of August, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for of en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034264
3

Permit No. W00034264. City of Lenoir Old Mill Road Gravity Sewer, Caldwell County, August 7 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
294 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
...................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

All-w ®
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
August 7, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9395
Mack W. Edmisten, Director Public Utilities of
City of Lenoir
PO Box 958
Lenoir,NC 28645-0958
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 NCO023981
City of Lenoir
Lower Creek WWTP
Case No. LV-2009-0281
Caldwell County
Dear Mr. Edmisten:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,064.00 ($1,000.00 civil penalty+ $64.00 enforcement costs) against City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by City of Lenoir for the month of May 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0023981. The violations which occurred in May 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms,
conditions or requirements of NPDES Permit NCO023981 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 City of Lenoir:
One
NorthCarollina
Af SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Naturally
V Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Caldwell\Lenoir WWTPs\23981 Lower Creek WWTP

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0023981, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0023981, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0023981, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
$1000.00 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$1064.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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

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

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0281 County: Caldwell
Assessed Party: City of Lenoir/Lower Creek WWTP
Permit No. NC0023981 Amount Assessed: $1064.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the.
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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.� OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
,0UNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR/LOWER CREEK WWTP )
PERMIT NO. NCO023981 ) FILE NO. LV-2009-0281
Having been assessed civil penalties totaling $1,064.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 7, 2009, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue . Director Dee Freeman
Governor Secretary
SURFACE WATER PROTECTION SECTION
August 7, 2009
MEMORANDUM
To: Steve Coffey
Construction Loans & Grants
From: Wanda Frazier 4; PC
Asheville Regional Office
Re: Cullasaja School
NC00 67326
Macon County
Per our conversation, we are requesting that you please review the enclosed documentation
and issue an Authorization to Operate at 3,000 gpd for the subject facility.
Also, please copy Bob DeWeese and DWQ ARO.
Thanks for all of your help!
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
NorthCaro
Phone:[phone] FAX:[phone] /l/ina
Customer Service:1-877-623.6748 Naturally
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

BEKAA
_IV
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 10, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 4425
Mr. Mack W. Edmisten, Director, Public Utilities
City of Lenoir
PO Box 958
Lenoir,NC 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2009-0282
Caldwell County
Dear Mr. Edmisten:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$564.00
($500.00 civil penalty + $64.00 enforcement costs) against City of Lenoir, Gunpowder Creek
WWTP.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by City of Lenoir for the month of May 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0023736. The violations which occurred in May 2009
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms,
conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and.conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against City of Lenoir:
orthCarolina
CSURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Aatlalll/
X� Location:2090 U.S. Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Caldwell\LenoirWWTPs\23736 Gunpowder Creek

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0023981, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
0.00 NC0023981, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS- Conc.
1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0023981, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
$500.00 TOTAL CIVIL PENALTY
$64.00 Enforcement Costs
$564.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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

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

.E OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
,'OUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR )
GUNPOWDER CREEK WWTP )
PERMIT NO.NCO023736 ) FILE NO. LV-2009-0282
Having been assessed civil penalties totaling $564.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 10, 2009,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30)days from the receipt of the notice of assessment.
This the day of 520
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0282 County: Caldwell
Assessed Party: City of Lenoir/Gunpowder Creek WWTP
Permit No. NC0023736 Amount Assessed: $564.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (I e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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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
August 10, 2009
Mr. Joe Cline, Executive Director
Tuckaseigee Water& Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
Subject: Permit No. WQ0034261
Tuckaseigee Water& Sewer Authority
(TWSA)
Reservoir Street &Apollo Drive
Wastewater Collection System Extension
Jackson County
Dear Mr. Cline:
In accordance with your application received on July 23, 2009 we are forwarding herewith
Permit No. WQ0034261, dated August 10, 2009, to the TWSA for the construction and operation of the
subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC O2T .0400 or
any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC O2T .0305; 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 narned in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing
board.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

TWSA August 10, 2009 Pag(.,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the TWSA for the construction and operation of approximately 2,350 linear feet of 8-inch
diameter gravity sewer; as a part of the Reservoir Street/Apollo Drive sewer replacement project with
no immediate discharge of new wastewater, pursuant to the,application received on July 23, 2009 and
in conformity with 15A NCAC 02T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting
of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the TWSA Wastewater
Treatment Facility (Permit No. NC0039578) prior to being discharged into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4659.
i"
incerely, %
)fo6rColeen IHYSuCllins, Director
Division of Water Quality
cc: Jackson County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0039578)
John L. King, PE
Water Quality Central Files
PERCS Files
i

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES.
TUCKASEIGEE WATER,& SEWER AUTHORITY
RESERVOIR ROAD/APOLLO DRIVE SEWER REPLACEMENT
JACKSON COUNTY .
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034261
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 02T .0305; 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 02T .0400. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T
.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 §143-215.1 C.
1

Permit No WO0034261,TWSA, Reservoir Road/Apollo Drive, Jackson County August 10 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 02T .0305; 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 02T .0305;
the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to
an enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

nit No W00034261 TWSA Reservoir Road/Apollo Drive Jackson County. August 10 2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
.Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 10th day of August, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
.for Coleen H. S Ilins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034261
3

Permit No W00034261 TWSA Reservoir Road/Apollo Drive Jackson County, August 10 2009
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
2,350 linear feet of 8-inch diameter gravity sewer
Complete and-submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
..................................................................................................€
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 11, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9432
James W. and Joy J. Bailey (Trustees)
Iowa Payne Ferguson
921 Old Leicester Highway
Asheville,NC 28806
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Ferguson Property
NOV-2009-CV-0004
Stream Standard Violation—Removal Of Best Usage
Failure to Secure 401 Water Quality Certification (WQC)
Buncombe County
Response deadline: August 31, 2009
Dear Mr. And Mrs. Bailey:
On July 28, 2009, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at your property located along Old Leicester Highway
along an Un-named Tributry to the French Broad River in Buncombe County.
401 certification, and stream standards violations were noted during the inspection and file review.
Excavation and rip-rap backfill along with a low head dam have been constructed along an un-
named tributary to the French Broad River (Classified C) were documented constituting
certification and standard violations.
As a result of the site inspection and file review, the following violations, detailed below,were
noted:
I Failure to Secure a 401 WQC
II Removal of Best Usage 15A NCAC 0213.0211 (2)
VIOLATIONS
I. Failure to Secure a 401 WQC -The excavation and resultant rip-rap backfill of
approximately 170 linear feet and the installation of an approximate 8 foot wide dam in an
un-named tributary to the French Broad River (Class C) represents violations of 15A
NCAC 2H .0500. DWQ site visits and file review confirmed that impacts occurred without
a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S.
Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity nor
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

Ferguson Property
August 11,2009
Page 2 of 3
has notification been provided to the COE for this activity. The file review confirmed that a
Pre-construction Notification has not been received by the Division of Water Quality for
this project and that a 401 Water Quality Certification has not been issued. A Pre-
Construction Notification submitted to DWQ is required prior to the above-mentioned
impacts pursuant to 15A NCAC 2H .0500.
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 178 linear feet of an
un-named tributary to the French Broad River(Class C) was impacted by stream
excavation and rip-rap fill, representing Water Quality Stream Standard violation of 15A
NCAC 02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing on, or before, close of business on August 31,
2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water
Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh,NC 27699-1617. Your response should address the following items:
I. Failure to Secure a 401 WQ Certification
a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured
i
b. Provide a proposed schedule of when you expect to have the required 401 WQ
Certification submitted to DWQ.
c. It is required that you contact the United States Army Corps of Engineers to
determine if a 404 Permit is necessary for these restoration activities.
d. Satisfactory stream restoration requires planting in accordance with the EEP
Publication"Guidelines for Riparian Buffer Restoration". This document is
available electronically at http://www.nceep.net/news/reports/buffers.pdf.
IL Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please provide documentation(including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands,buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
b. Please submit the following documents for review and approval:
• Stream Restoration Plan(excavation and rip-rap fill)—Please explain how you
plan to restore the pattern, profile and dimension of the impacted stream
channels to include the removal of riprap. The streambed must be restored to

y
A
the original profile, the stream banks must be stabilized, and any fill material
must be removed from the riparian zone. Replanting of the riparian zone will be
required.
• Permit Application—If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. An application for a 401 Water Quality Certification
to DWQ will also be required. Please note that sediment impacts to streams are
not permittable.
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished, and if you plan to seek a permit for the
permittable impacts, when an application will be submitted
• It is required that you contact the Buncombe County Erosion Control
Department and the U.S. Army Corps of Engineers. These contacts are
necessary to ensure that your restoration efforts are in compliance with the
Sedimentation Pollution.Control Act and Section 404 of the Clean Water Act.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Kevin Barnett at [phone].
Sincerely,
9_'J f
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit—Electronic Copy
US Army Corps of Engineers—Electronic Copy
NC Wildlife Resources Commission—Electronic Copy
ARO File Copy
Division of Land Resources —Electronic Copy
Buncombe County Planning
G:\WPDATA\DEMWQ\13uncombe\40 i s\NOV2009CV0004.B a]I Property.Leicester.doc

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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
August 11, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 9449
Jim Andrews
Post Office Box 5238
Asheville,North Carolina 28813
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9456
Wendy Miller
81 Livingston Road
Fletcher,North Carolina 28732
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
81 Livingston Road
NOV-2009-SP-0019
Failure to Resolve Previous Notice of Violation
Henderson County
Response deadline: August 31, 2009
Dear Mr.Andrews and Ms. Miller:
On August 4, 2009, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection for the property located at 81 Livingston Road in
Fletcher,North Carolina along Duncan Creek in Henderson County,
The Division of Water Quality issued a Notice of Violation in 2007 for the un-permitted rerouting
and subsequent backfilling of waters without first applying and receiving a 401 Water Quality
Certification. The retained consultant later applied for, and received a 401 Water Quality
Certification for stream bank stabilization at this location, which, when implemented, would have
resolved the issued Notice of Violation. This document was issued on June 12, 2007, and has
since expired. The Division's inspection on August 4, 2009 revealed that the stream stabilization
and subsequent woody buffer re-establishment has not been completed.
REQUIRED RESPONSE
This Office requests that you respond in writing on or before close of business on August 31, 2009.
Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality,
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Natf�y� //
K`ally
An Equal Opportunity 1 Affirmative Action Employer

81 Livingston Road
August 11,2009
Page 2 of 2
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:
• A restoration plan, which will provide for a stable pattern, dimension, and
profile of Duncan Creek through this property.
• A woody buffer, at least 25 feet in width, for Duncan Creek's entire length
through this property
• A timeline for the implementation of this restoration plan, including, but not
limited to:
■ Date of application(Pre-Construction Notice) submission to this Agency.
You must also contact the US Army Corps of Engineers Office at 828-271-
7980 to determine if re-authorization is required for its Nationwide Permit.
■ Start of Construction upon successful approval from all applicable agencies.
■ Deadline for completion of construction.
■ Start and completion of buffer replanting.
■ Start date for 3 years worth of annual monitoring events for determining the
success of the vegetation and long term stability of the stabilized stream.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657.
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Clement Riddle, Clearwater Environmental Consultants—Electronic Copy
Henderson County Planning
G:\WPDATA\DEMWQ\Henderson\401 s\NOV2009SP0019.JimAndrews.DuncanCreek.doc

.Road
2009
A
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:
• A restoration plan, which will provide for a stable pattern, dimension, and
profile of Duncan Creek through this property.
• A woody buffer, at least 25 feet in width, for Duncan Creek's entire length
through this property
• A timeline for the implementation of this restoration plan, including, but not
limited to:
■ Date of application(Pre-Construction Notice) submission to this Agency.
You must also contact the US Army Corps of Engineers Office at 828-271-
7980 to determine if re-authorization is required for its Nationwide Permit.
■ Start of Construction upon successful approval from all applicable agencies.
■ Deadline for completion of construction.
■ Start and completion of buffer replanting.
■ Start date for 3 years worth of annual monitoring events for determining the
success of the vegetation and long term stability of the stabilized stream.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4657.
Sincerely,
G�%ltZ�
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Clement Riddle, Clearwater Environmental Consultants—Electronic Copy
Henderson County Planning
G AWPDATA\DEM WQ\Hendcrsdr',401 s\NOV2009SP0019.JimAndrews.DuncanCreek.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
August 11, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 9449
Jim Andrews
Post Office Box 5238
Asheville,North Carolina 28813
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9456
Wendy Miller
81 Livingston Road
Fletcher,North Carolina 28732
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
81 Livingston Road '
NOV-2009-SP-0019
Failure to Resolve Previous Notice of Violation
Henderson County
Response deadline: August 31, 2009
Dear Mr. Andrews and Ms. Miller:
On August 4, 2009, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for the property located at 81 Livingston Road in
Fletcher,North Carolina along Duncan Creek in Henderson County.
The Division of Water Quality issued a Notice of Violation in 2007 for the un-permitted rerouting
and subsequent backfilling of waters without first applying and receiving a 401 Water Quality
Certification. The retained consultant later applied for, and received a 401 Water Quality
Certification for stream bank stabilization at this location, which, when implemented, would have
resolved the issued Notice of Violation. This document was issued on June 12, 2007, and has
since expired. The Division's inspection on August 4, 2009 revealed that the stream stabilization
and subsequent woody buffer re-establishment has not been completed.
REQUIRED RESPONSE
This Office requests that you respond in writing on or before close of business on August 31, 2009.
Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality,
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality,org
Action
;VaAur+dli
An Equal Opportunity 1 Affirmative Action Employer K K K k

4
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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
August 11, 2009
Mr. Chip Kassinger, Manager
Weirbridge Village Apartments, LLC
Post Office Box 885
Sullivans Island, South Carolina 29482
Subject: Permit No. WQ0034262
Weirbridge Village Apartments, LLC
Weirbridge Village Apartments,
Phase If
Wastewater Collection System Extension
Buncombe County
Dear Mr. Kassinger:
In accordance with your application received on July 23, 2009 we are forwarding herewith
Permit No. WQ0034262 dated August 11, 2009, to Weirbridge Village Apartments, LLC for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 02T .0400 or
any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 02T .0305; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing
board.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Weirbridge Village Apartments, LLC August 11, 2009 Page 2
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws,Rules, and Regulations, permission is hereby
granted to Weirbridge Village Apartments, LLC for the construction and operation of approximately
1,393 linear feet of 8-inch diameter gravity sewer to serve the Weirbridge Village Apartments, Phase 11
with the discharge of 50,600 gallons per day of wastewater, pursuant to the application received on July
23, 2009 and in conformity with 15A NCAC 02T .0305; the Division's Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the MSD Wastewater
Treatment Facility (Permit No. NC0024911) prior to being discharged into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4659.
Sincerely, �
Rforoleen H. Su lies`Director
Division of Water Quality
cc: Buncombe County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0039578)
Gary D. Davis, PE
Stan Boyd, MSD'
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WEIRBRIDGE VILLAGE APARTMENTS, LLC
WEIRBRIDGE VILLAGE APARTMENTS, PHASE II
BUNCOMBE COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034262
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 02T .0305; 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 02T .0400. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No, W00034262; Weirbridge Village Apartments, LLC: Weirbridge Village Apartments. Phase II,
Buncombe County, August 11, 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 02T .0305; 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 02T .0305;
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 26 .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

'At No W00034262: Weirbridge Village Apartments. LLC;Weirbridge Village Apartments Phase II
.ancombe County, August 11, 2009
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 11th day of August, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. S llins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034262
3
..._..._........

Permit No W000342626 Weirbridge Village Apartments LLC: Weirbridge Village Apartments Phase II
Buncombe County, August 11, 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
1,393 linear feet of 8-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
...................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

vjA
s
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 11, 2009
Matthew D. and Heather S.Nelon
746 Brooks Lake Road
Rutherfordton,NC 28139
SUBJECT: NOTICE OF VIOLATION
NOV-2009-SS-0029
Stream Standard Violation- Other Waste (In-stream sediment)
Construction Stormwater Permit NCGO10000
Rutherford County
Response deadline: August 24, 2009
Dear Mr. and Ms.Nelon:
This letter represents the second attempt at written correspondence with you regarding violations
of water quality rules for which you are responsible. A telephone conversation also took place
between Chuck Cranford and Ms.Nelon on July 10, 2009 requesting contact be made with this
office to resolve the issues described below.
On June 23, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at 511/521 Brooks Lake Road in Rutherford County.
Susan Wilson(DWQ) was also present.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary to East Branch Mountain Creek were documented. Upwards of two feet of sediment was
measured within the stream channel.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 2,500 feet of an unnamed tributary to East Branch Mountain Creek was
impacted by sediment deposition upwards of two feet deep throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
II. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit
(NCGO10000) is applicable to all point source discharges of stormwater from construction
activities disturbing one or more acres of land. Prior to the commencement of construction
and land-disturbing activities, approval of an Erosion and Sedimentation Control (E&SC)
Plan shall be obtained from the Division of Land Resources(DLR).
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One t
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOTthCarOlina
Phone:[phone]V FAX:[phone] Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org �a�tun `//
y
An Equal Opportunity\Affirmative Action Employer

Mr.and Ms.Nelon
August 10,2009
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.).
REQUIRED RESPONSE
This Office requests that you respond in writing by August 24, 2009. Your response should be
sent to both the attention of Chuck Cranford,Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617.
Your response should address the following items:
I. Stream Standard- Other Waste (In-Stream Sediment)
a. Please explain when construction(excavation, grubbing, and clearing)began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site.
c. Please submit a Sediment Removal Restoration Plan(Plan)to this office for review
and approval. The Plan must address removal of the accumulated sediment from
the unnamed tributary to East Branch Mountain Creek and be submitted to the
Division of Water Quality for review and approval prior to implementation. You are
encouraged to secure an environmental consultant experienced in stream restoration
to assist you with your Plan and authorization necessary to achieve compliance. It
is recommended that your consultant contact Chuck Cranford of the Asheville
Regional Office for additional guidance during restoration plan development. The
Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.

,)n
A
Al. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with the NCGO 10000
Permit and your Erosion and Sediment Control Plan.
b. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-4664.
Sincerely,
9�'
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Rutherford\Complaints-Misc\Nelon\NOV-2009-SS-0029_8-10-09.doc

i-_....,..,
\/\
/ .

4t
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director - Secretary
August 11, 2009
Mr. Doug Stuart, Senior Warden
Episcopal Church of the Good Shepherd
Post Office Box 677
Hayesville, North Carolina 28904
Subject: Permit No. WQ0034259
Episcopal Church of the Good Shepherd
Good Shepherd Episcopal Church
Wastewater Collection System Extension
Clay County
Dear Mr. Stuart:
In accordance with your application received on July 23, 2009 we are forwarding herewith
Permit No. WQ0034259 dated August 11, 2009, to the Episcopal Church of the Good Shepherd for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is incorporated
therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 02T .0400 or
any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 02T .0305; the Division of.Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing
board.
Asheville Regional Office Internet http://h2o.enr.state.ne.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Episcopal Church of the Good Shepherd August 11, 2009 Page,,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Episcopal Church of the Good Shepherd for the construction and operation of
approximately 250 linear feet of 6-inch diameter gravity sewer, a 30 gallon per minute grinder style
duplex sewage pumping station with telemetry, audible and visual high water alarms and a connection
for a portable emergency power generator, and 120 linear feet of 2-inch diameter force main and to
serve the Good Shepherd Episcopal Church with the discharge of 1,250 gallons per day of collected
domestic wastewater, pursuant to the application received on July 23, 2009 and in conformity with 15A
NCAC 02T .0305; 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 Clay County Water
and Sewer District Wastewater Treatment Facility (Permit No. NC0026697) prior to being discharged
into the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4659.
'ncerely,
for Colee . Sullins, Director
Division of Water Quality
cc: Clay County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0039578)
William A. Stillwell, PE
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
EPISCOPAL CHURCH OF THE GOOD SHEPHERD
GOOD SHEPHERD EPISCOPAL CHURCH
CLAY COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034259
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 02T .0305; 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 02T .0400. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T
.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 §143-215.1 C.
1

Permit No WQ0034259: Episcopal Church of the Good Shepherd. Good Shepherd Episcopal Church Clay Cola,
August 11, 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit, 15A NCAC 02T. .0305; 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 02T .0305;
the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to
an enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
2

Jt No WQ0034259: Episcopal Church of the Good Shepherd Good She h�pisccopal Church Clay County,
.Agust 11, 2009
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 11th day of August, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1 '
for Coleen H. Ilins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034259
3

Permit No W00034259: Episcopal Church of the Good Shepherd Good Shepherd Episcopal Church Clay Cob \
August 11, 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description: approximately 250 linear feet of 6-inch diameter gravity sewer, a 30 gallon per
minute grinder style duplex sewage pumping station with telemetry, audible and visual high water
alarms and a connection for a portable emergency power generator, and 120 linear feet of 2-inch
diameter force main
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date.-
..............................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
August 12, 2009
Greg Taveras
Imerys, USA Inc.
PO Box 309
Spruce Pine NC 28777
SUBJECT: Compliance Evaluation Inspection
K-T Feldspar Spruce Pine Plant
Permit No: NC0000400
Mitchell County
Dear Mr. Taveras:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection conducted on August 5, 2009. Roger Edwards and I of the Asheville
Regional Office conducted the Compliance Evaluation Inspection. The facility was found
to be in Compliance with permit NC0000400.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by you and your staff during the inspection was
greatly appreciated. If you or your staff have any questions, please do not hesitate to
contact me at 828-296-4500.
Sincerely,
Keith Hayne
Environmental Senior Specialist
Enclosure
cc: Eddie Duncan, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolliina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �►Jatul,Q[`�
Internet:www.ncwaterguality.org �/V

/__.\
�,i
/__.
__ __-

United States Environmental Protection Agency Form Approved.
EPA
n Washington,D.C.20460 OMB No.2040-0057
Cf /-� Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NC0000400 111 121 09/08/05 117 18I CI 191 S) 201 I
Remarks
2111111111IIIIIIII IIII IIIIIIII IIIIIIII11111111I_H6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------—-------------Reserved---------------------
67I 169 701 I 711 I 721 NJ 73I ' '74 711 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)
10:10 AM 09/08/05 06/10/01
K-T Feldspar Corp-Spruce Pine
Hwy. 226 North Exit Time/Date Permit Expiration Date
Spruce Pine NC 28777 02:55 PM 09/08/05 11/02/28
Name(s)of Onsite Representative(s)fTitles(s)lPhone and Fax Number(s) Other Facility Data
Eddie Keith Duncan/ORC/828-765-9621/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Glenn Young,PO Box 309 Spruce Pine NC 28777//704-765-9621/ Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Flow Measurement Operations&Maintenance 0 Records/Reports
Self-Monitoring Program N Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ¢{- ARO wQ//828-296-4500/ / �V q
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwardsp .w ARO wQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3) NC0000400 1
11 121 09/08/05 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Other than the items previously mentioned, one other area of concern noted during this inspection is the
lack of visible and audible alarms on any of the wastewater pumps. While it is recognized that plant
personnel are on site during hours of operation, these alarms would improve response time during a pump
failure as happened during this inspection. It is highly recommended that the installation of audible and
visual alarms be considered.
Due to type and age of wastewater treatment, the facility may wish to contact this Department's Pollution
Prevention Program. They are a non-regulatory unit that will evaluate your manufacturing process along
with the waste treatment. Their evaluation could result in cost savings and better overall facility compliance
with applicable regulations. If you wish to contact the Pollution Prevention staff, they may be contacted at
800-763-0136.
�I!
Page# 2

Permit: NC0000400 Owner-Facility: K-T Feldspar Corp-Spruce Pine
.nspection Date: 08/05/2009 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ n n n
Is all required information readily available,complete and current? ■ n Cl n
Are all records maintained for 3 years(lab. reg. required 5 years)? ■ n n n
Are analytical results consistent with data reported on DMRs? n n n ■
Is the chain-of-custody complete? n n n ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses n
Transported COCs n
Are DMRs complete:do they include all permit parameters? ■ n n n
Has the facility submitted its annual compliance report to users and DWQ? n n ■ n
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n Q ■ n
Is the ORC visitation log available and current? ■ n n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ n n ❑
Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n
Is a copy of the current NPDES permit available on site? ■ n n n
Facility has copy of previous year's Annual Report on file for review? n n ■ n
Comment: Lab data was not reviewed as the lab certification unit performed an
inspection on May 22, 2009 and found no major issues. It is suggested that the ORC
log be improved to include detailed observations/maintenance regarding wastewater
treatment. It is also suggested that the log be in bound book form.
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?
Page# 3

Permit: NC0000400 Owner-Facility: K-T Feldspar Corp-Spruce Pine
Inspection Date: 08/05/2009 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Comment: The housekeeping needs to be improved so the waste ponds retention will
increase thus allowing longer time between shut down for removal of solids from the
ponds. There are areas in the production buildings where spills occur with these spills
going to the waste ponds. There are also areas on plant property where rainfall is
directed to the waste ponds. It is suggested that the facility consider constructing a
stormwater detention pond with all stormwater, where possible, being routed to this
pond. This would allow separation of the stormwater and wastewater.
Permit Yes No NA NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n n ■ ❑
Is access to the plant site restricted to the general public? n ■ n n
Is the inspector granted access to all areas for inspection?- ■ n n ❑
Comment: The plant is accessible from the river. Since there are now a large number
of rafters using the river as it flows past the site, the facility may wish to consider
postings along plant property if fencing the area is deemed inappropriate.
Flow Measurement-Effluent Yes No NA NE _-
#Is flow meter used for reporting? ■ n n n �-
Is flow meter calibrated annually? ■ n n
Is the flow meter operational? ■ n n n
(If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ n
Comment: The flow meter is operable and is routinely calibrated; however, the
inspectors recommend replacing the recorder with something other than a strip
recorder. This was discussed during the inspection and the facililty has already made
contact with flow meter suppliers. Until the recorder is replaced, it is recommended that
the operators read the chart paper at least once per shift and mark the respective times
and dates on the paper.
Lagoons Yes No NA NE
Type of lagoons? Facultative
#Number of lagoons in operation at time of visit? 3
Are lagoons operated in? Series
#Is a re-circulation line present? n n ■ n
Is lagoon free of excessive floating materials? ■ n n n
#Are baffles between ponds or effluent baffles adjustable? n n ■ n
Are dike slopes clear of woody vegetation? ■ n ❑ n
Page# 4

Permit: NC0000400 Owner-Facility: K-T Feldspar Corp-Spruce Pine
Inspection Date: 08/05/2009 Inspection Type: Compliance Evaluation
Lagoons Yes No NA NE
Are weeds controlled around the edge of the lagoon? ■ ❑ ❑ ❑
Are dikes free of seepage? ■ ❑ ❑ ❑
Are dikes free of erosion? ■ ❑ ❑ ❑
Are dikes free of burrowing animals? ■ ❑ ❑ ❑
#Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? ❑ ❑ ■ ❑
#If excessive algae is present, has barley straw been used to help control the growth? ❑ ❑ ■ ❑
Is the lagoon surface free of weeds? ■ ❑ ❑ ❑
Is the lagoon free of short circuiting?
❑ ■ 0 ❑
Comment: The settling pond type of treatment used at this facility is a very basic
physical/chemical type of treatment. Wastewater is pumped from the plant with some
flocculant addition and pH adjustment. The wastewater is basically allowed to settle for
solids removal. It is suggested that the possibility of adding some type of baffles or
walls to the ponds be investigated. This would allow more efficient settling of solids and
also facilitate solids removal. Since stormwater runoff from the site is allowed to enter
the settling ponds and pump pits,the treatment ability of the ponds could be optimized
with the rerouting of the runoff to a separate stormwater pond. If the facility wishes to
pursue a separate stormwater discharge point, this Office should be contacted as a
Stormwater Permit may be requried. It was also discussed during the inspection that a
road needs to be constructed at the far side of the pond on the right side of the current
road. This would allow for easier solids removal.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment: The effluent was slightly milky in appearance with a very minor trace of
foam. The effluent was barely noticable fifty feet downstream. During the inspection,
installation of a turbidity meter for use as process control was discussed. It is strongly
suggested that a turbidity meter be installed prior to the final discharge point.
Effluent Sampling
Yes No NA NE
Is composite sampling flow proportional? ■ ❑ ❑ ❑
Is sample collected below all treatment units? ■ ❑ ❑ ❑
Is proper volume collected? ■ ❑ ❑ ❑
Is the tubing clean? ■ ❑ ❑ ❑
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑
Page# 5

Permit: NG0000400 Owner-Facility: K-T Feldspar Corp-Spruce Pine
Inspection Date: 08/05/2009 Inspection Type: Compliance Evaluation
Effluent Sampling Yes No NA NE
Comment: It appeared that the composite sampler intake line was slightly crimped.
This should be checked to assure proper sample volumes are being pulled/collected.
The area around the flow meter and composite sampler is in dire need of improvement.
The platform around the sampler is not large enough for operators to safely and
adequately maintain the sampler and flow meter. It is suggested the platform around
the effluent sampling area be improved/expanded to make it more operator friendly and
also to make it safer for the operators. Ms. Dortch mentioned that she had just recently
been looking into the issue. She also mentioned that the composite sampler will be
replaced soon.
i
Page# 6

A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
August 13, 2009
Mr. Bruce Kutt, Community Manager
Highland Falls Country Club
290 Sky Lake Road
Highlands, NC 28741
SUBJECT: Compliance Evaluation Inspection
Highland Falls Country Club WWTP
Permit number: NCO051381
Macon County
Dear Mr. Kutt:
Enclosed please find a copy of Ithe Compliance Evaluation Inspection form from the
inspection conducted on August 11, 2009. The facility was found to be in compliance with permit
NC0051381.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwatergualitV.org FAX[phone]

�'___-,
j��
____

United States Environmental Protection Agency Form Approved.
EPA Washington,D.G.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 1 51 31 NCO051381 111 121 09/08/1, 117 181 CI 191 SI 20I
—� Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved--------------------
671 1.0 169 701 31 711 1 721 NJ 73 I ' ' 74 751 I I I I I I 180
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:25 AM 09/08/11 07/12/01
Highland Falls Country Club WWTP
290 Skylake Rd Exit Time/Date Permit Expiration Date
Highlands NC 28741 11:25 AM 09/08/11 12/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Paul Delmer Dills/ORC/828-526-2203
Name,Address of Responsible Officialffitle/Phone and Fax Number
290 Skylake Rd Highlands NC 28741/Community Contacted
Manager/828-526-2203.' Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Operations&Maintenance E Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/OfficelPhone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
/O?u
Sig atu of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
t
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO051381 I11 12I 09/08/11 1
17 18IC)
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
INSPECTION:
Paul Dills, grade II certified ORC, assisted in the inspection.
TREATMENT UNITS/ PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Dissolved Oxygen = 3.0 mg/I
MLSS - 2800 mg/I
RECORDS AND REPORTS:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 9-10-2008 by Janet Cantwell.
The permit expires on 11/30/2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The 2008 Annual Performance Report was received by DWQ on March 3, 2009.
The log book was present on-site and had good notation of daily events.
WWTP TYPE:
0.135 MGD extended aeration WWTP with bar screen; 100,000 gallon aeration basin with non-clog
diffusers; 26,276 gallon circular clarifier; 15,000 gallon aerobic digestor; multi-media (sand &
anthracite) tertiary filter; dual ultraviolet disinfection; refrigerated composite sampler and
standby generator.
A to C:
The old plant is currently being used as an aerobic digestor. Plans to convert this to flow
equalization are being drafted by an engineer(in 2009) in preparation for an Authorization to
Construct request.
COLLECTION SYSTEM:
Consists of 13 lift stations without telemetry.
The lift stations are being replaced with new ones every year for the next 12 years, beginning
this fall.
There are 3 grease traps, operated in series, at the clubhouse. They are pumped monthly.
Page# 2

Permit: NCO051381 Owner-Facility: Highlands Falls Country Club wVVrP
inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
EFFLUENT:
The effluent appeared to be clear, indicating compliance with permit limits.
OPERATIONS AND MAINTENANCE/SUMMARY:
This facility appears to be extremely well operated and maintained.
The ORC was on-site during the inspection and is doing an excellent job.
Page# 3

Permit: NCO051381 Owner-Facility: Highlands Falls Country Club WVVrP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ n ❑ ❑
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n ❑
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n ❑
Are surface aerators and mixers operational? ❑ ❑ ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ ❑ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ Cl ❑ ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ n n
Are weirs level? ■ ❑ n n
Page# 4

Permit: NC0051381 Owner-Facility: Highlands Falls Country Club VWVrP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■ D D D
Is the site free of evidence of short-circuiting? ■ D D n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ D n n
Is the drive unit operational? ■ D n n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ D n n
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ■ n n n
Comment:
Sand Filters(Low rate) Yes No NA NE
(If pumps are used) Is an audible and visible alarm Present and operational? ■ D D D
Is the distribution box level and watertight? ❑ D ■ n
Is sand filter free of ponding? D n ■ n
Is the sand filter effluent re-circulated at a valid ratio? D n ■ n
#Is the sand filter surface free of algae or excessive vegetation? n n ® n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n
Comment: This system has a multi-media (sand and anthracite)tertiary filter.
Disinfection -UV Yes No NA NE
Are extra UV bulbs available on site? ® D n n
Are UV bulbs clean? ■ D n n
Is UV intensity adequate? ■ n n n
Is transmittance at or above designed level? ■ n ❑ n
Is there a backup system on site? ■ n n n
Is effluent clear and free of solids? ■ ❑ n n
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n ❑ D
Are the receiving water free of foam other than trace amounts and other debris? ■ D D D
If effluent (diffuser pipes are required) are they operating properly? D n ■ n
Comment:
Page# 5

Permit: NCO051381 Owner-Facility: Highlands Falls Country Club WWTP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ ❑ ❑ ❑
Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑
Is the generator tested under load? ■ ❑ ❑ ❑
Was generator tested&operational during the inspection? ❑ ■ ❑ ❑
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ ❑
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ ❑ ❑
Is the generator fuel level monitored? ■ I_l 0 ❑
Comment: The generator self-tests under load every 2 weeks.
Operations$Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ ❑ ❑
Judge,and other that are applicable?
Comment:
Page# 6

4ja
IQ==AMMMIM
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
August 13, 2009
Mr. Bruce Kutt, Community Manager
Highland Falls Community Association
290 Sky Lake Road
Highlands, NC 28741
SUBJECT: Compliance Evaluation Inspection
Highlands Falls Com. Assn. WWTP
Permit number: NCO059552
Macon County
Dear Mr. Kutt:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 11, 2009. The facility was found to be in compliance with permit
NC0059552.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
rarAo�
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.newaterguality.org FAX[phone]

�_,.
i
Li'
��
__.

United States Environmental Protection Agency
EPA^ Washington,D.C.20460 Form Approved.
OMB No.2040-0057
Water Compliance Ins ection Re ort 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 NCO059552 111 121 09/08/1, 117 18I CI 19I SI 20�II
Remarks
211111111111111111111111111111 IIII IIII II II 11111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------—---------Reserved------------------
67) 1.o 169 70131 711 I 721 NJ 731JJ 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:30 AM 09/08/11 07/12/01
Highlands Falls WWTP
290 Skylake Rd Exit Time/Date Permit Expiration Date
Highlands NC 28741 11:50 AM 09/08/11 12/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Paul Delmer Dills/ORC/828-526-2203.
Name,Address of Responsible Official/Title/Phone and Fax Number
Skylake Rd Highlands NC 28741/Community Contacted
Manager/828-526-2203 Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Records/Reports 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 Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
uS I- /A, 2e!
Sig re of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
C vt 8 I C)
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO059552 I11 12) 09/08/11 I17 ,SICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
WWTP LOCATION:
The WWTP is located adjacent to the golf course, below the rest rooms on the right in the edge
of the woods.
SYSTEM DESCRIPTION AND OPERATION:
The 0.003 MGD wastewater treatment system consists of:
900 gallon septic tank with automatic siphon; 28'x 28' sub-surface sand filter; and tablet
chlorinator.
Four to five homes (with their individual septic tanks) and two restrooms on the golf course are
tied into this system.
No discharge had ever been observed by staff, even though the sand bed has a plastic liner.
Suspect that low flows, seasonal residents and evaporation are the probably the reasons.
INSPECTION:
Paul Dills, grade II certified ORC, assisted in the inspection.
RECORDS AND REPORTS:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 9-10-2008 by Janet Cantwell _
The permit expires on 11/30/2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The 2008 Annual Performance Report was received by DWQ on March 3, 2009.
Page# 2

Permit: NC0059552 Owner-Facility: Highlands Falls VVWTP
inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n In
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Page# 3

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___ __

IQ:=
NCQENR
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
August 13, 2009
Dr. Dan Brigman,
Superintendent of Schools
Macon County Schools
PO Box 1029
Franklin NC 28734
SUBJECT: Compliance Evaluation Inspection
Cullasaja School
Permit number: NCO067326
Macon County
Dear Dr. Brigman:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 11, 2009. The facility was found to be in compliance with permit
NC0067326.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
441-u
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
- Nor Kuolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwatergualitV.org FAX[phone]

United States Environmental Protection Agency Form Approved.
E P^ Washington,D.C.20460 OMB No.2040-0057
/`1 Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 1 51 31 NCO067326 111 121 09/08/1, 117 18l Ci 191 sl 201 11
Remarks
211111 11111111111111111111 IIII 11111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved-------------------—
671 1.0 169 701 31 71 1_1 721 NJ 73 LLJ 74 751 I I I 1 1 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)
12:30 PM 09/08/11 07/12/01
Cullasaja School
145 River Rd Exit Time/Date Permit Expiration Date
Franklin NC 28744 01:00 PM 09/08/11 12/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Bobby D Wilson/ORC/828-524-4460/
Name,Address of Responsible Official/Title/Phone and Fax Number
Gary Brown,PO Box 1029 Franklin NC 28734//828-524-3314/8285245938 orat Yeess
acted
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Operations&Maintenance ®Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
CJ Z� ors �, a�o9
mil
G Gi
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
oil ,
t
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO067326 I11 12I 09/08/11 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
INSPECTION:
Bobby Wilson, grade II certified ORC, assisted in the inspection.
WWTP TYPE:
Consists of 0.002 MGD extended aeration, Aero-Flow, package WWTP with: flow equalization &
duplex pumps (as preliminary treatment); a 580 sq. ft. recirculating sand filter(as primary
treatment); tablet chlorinator; a 1,200 gallon chlorine contact chamber; and a dechlorinator
unit.
AUTHORIZATION TO CONSTRUCT/AUTHORIZATION TO OPERATE:
A permit modification request was made by Bob DeWeese, on behalf of the permittee on 1-24-2006
to increase the monthly average permitted flow rate from 2,000 GPD to 3,000 gpd.
No A to C or A to O was issued at that time.
The permit was issued in 2007 with two limit pages; one at 2,000 gpd and one at 3,000 gpd.
An Authorization to Operate at 3,000 gpd was never issued, since it appeared that construction
was not necessary to achieve proper treatment at 3,000 gpd.
An Authorization to Operate has been requested from Construction Grants (Steve Coffey)for 3,000
gpd and is pending (as of August 2009).
Note: This will be the last year(2009-2010) that students will attend this school.
They will be moved to a new school location.
EFFLUENT:
There was no discharge at the time of the inspection, since school had not started yet.
School is scheduled to begin in two weeks.
OPERATIONS AND MAINTENANCE/SUMMARY:
This facility appears to be well operated and maintained.
The ORC was on-site during the inspection and is doing a good job.
RECORDS AND REPORTS:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 11-14-2006 by Janet Cantwell
The permit expires on 11/30/2012. Please request a permit renewal 6 months prior to expiration.
Page# 2

Permit: NCO067326 Owner-Facility: Cullasaja School
inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
ANNUAL REPORT:
There were no records of Annual Performance Reports being received by DWQ for this facility.
The following regulatory update (dated October 19, 1999)was mailed to all permittees, informing
them of House Bill 1160 (also know as the Clean Water Act of 1999).
This bill was ratified by the North Carolina General Assembly on July 20 and signed into law by
the Governor on July 21, 1999.
This legislation has placed significant, new reporting requirements on those entities that own
or operate wastewater treatment and collection systems.
This following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements.
SPILL NOTIFICATION
One of the new requirements that became effective October 1, 1999 for all wastewater facilities
that collect or treat wastewater is that they must notify the public of wastewater spills.
Wastewater facility owners or operators must issue a press release after a discharge to surface
waters of 1,000 gallons within 48 hours of first knowledge of the spill by the owner/operator.
The law requires that the press release must be issued to "all electronic and print news media
outlets that provide general coverage in the county where the discharge occurred." A copy of the
press release must be maintained for one year by the owner/operator. This press release is
required in addition to the permit requirement of contacting the North Carolina Division of
Water Quality (DWQ). A list of media outlets, sorted by County, and a sample press release are
available on the State's web site, for or your reference.
If a discharge of 15,000 gallons or more reaches surface water, a public notice is required in
addition to the press release. The public notice must be placed in a newspaper having general
circulation in the County in which the discharge occurred and the county immediately downstream.
A sample public notice format is on the State's web site.
If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters, the DWQ
regional office must be contacted to determine in what additional counties, if any, a public
notice must be published. A copy of all public notices and proof of publication must be sent to
the DWQ to the attention of"NDCEU" at the letterhead address within 30 days of publication. A
sample public notice is available on the State's web site.
The minimum content of the notice is the location of the discharge, estimated volume, water body
affected, steps taken to prevent future discharges and a phone number and contact name.
Page# 3

Permit: NCO067326 Owner-Facility: Cullasaja School
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
ANNUALREPORT
Another new requirement is that 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 works' or collection system's performance over a
12 month period.
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements.
The new law states the above mentioned report shall summarize the performance of the treatment
works or collection system and state the extent to which any terms of its permit, federal laws,
or any State laws, regulations or rules related to the protection of water quality have been
violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum,
the report contain the following information:
I. General Information
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s)
• Description of collection or treatment system or process
II. Performance
• Description of overall 12 month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions,
environmental regulations or environmental laws, including (but not limited to):
Permit Limit Violations
Monitoring and Reporting Violations
(Illegal) Bypass of treatment facilities*
Sanitary Sewer Overflows*
* Note estimated total monthly volumes and locations of events in which
more than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
• Statement as to how users or customers have been provided access to the report.
IV. Certification
• Statement by a responsible official certifying the report is accurate and complete.
It shall be left to the individual applicable entities to decide both how much detail above
minimum they wish to provide in the report and how they will provide the report to their users
or customers. This law was established to provide a mechanism for public oversight(and
Page# 4

Permit: NCO067326 Owner-facility: Cullasaja School
inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
hopefully, to instill public confidence).
Those entities that fall under the scope of this part of the law are encouraged to be
forthcoming in their report and they should provide its readers a contact where they may view
more detailed information.
To satisfy the Departmental-reporting requirement, three copies of the report should be
submitted to the following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Annual reports must be submitted within 60 days of the end of the applicable 12-month review
period.
You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time
frame. Initial reports must be prepared and submitted for either the 1999 calendar year or the
2000 (beginning July 1, 1999) fiscal year.
As was noted at the beginning of this letter, there are several new reporting requirements as a
result of the Clean Water Act of 1999. As a stakeholder in environmental regulation, you are
encouraged to review the entire scope of the Act to see if other part apply to your operations.
A copy of the Act can be can be viewed on the North Carolina General Assembly's web site at
http://www.ncga.state.nc.us/htmll 999/bills/ratified/house/hbil l 160.full.html.
If you have any questions, please contact your DWQ Regional Office or(919) 733-5083 ask for
the Non-Discharge Compliance and Enforcement Unit for the spill notice requirements or the Point
Source Compliance and Enforcement Unit for the Annual Report requirement.
DEADLINE:
PLEASE SUBMIT THE ANNUAL REPORT (TO THE ADDRESS ABOVE) FOR THE PAST FISCAL
YEAR
(JULY 1, 2008 TO JUNE 30, 2009), BY SEPTEMBER 1ST, 2009.
Page# 5

Permit: NCO067326 Owner-Facility: Cullasaja School
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? ❑ ■ n n
Is access to the plant site restricted to the general public? ■ n ❑ n
Is the inspector granted access to all areas for inspection? ■ n In n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n In
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational?
nn ■ o
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n Cl
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n 00
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n ❑
Page# 6

Permit: NC0067326 Owner-Facility: Cullasaja School
inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ n ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ n
Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ■ ❑ n n
Comment:
Sand Filters (Low rate) Yes No NA NE
(If pumps are used) Is an audible and visible alarm Present and operational? ■ n n In
Is the distribution box level and watertight? ❑ n ■ n
Is sand filter free of ponding? ■ ❑ ❑ ❑
Is the sand filter effluent re-circulated at a valid ratio? ■ ❑ ❑ ❑
#Is the sand filter surface free of algae or excessive vegetation? ■ ❑ ❑ ❑
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ■ ❑ ❑ ❑
Comment: There is no distribution box visible.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ ❑ ❑
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
Is the contact chamber free of growth;or sludge buildup? ■ ❑ ❑ In
Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? Cl ❑ ■ ❑
Is storage appropriate for cylinders? ❑ ❑ ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ n ❑ ❑
Page# 7

Permit: NCO067326 Owner-Facility: Cullasaja School
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ ❑ n n
Number of tubes in use? 4
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Page# 8

APA
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
August 13, 2009
Mr. R. S. Jones
Indian Bend Properties Inc.
61 E. Main Street
Franklin, NC 28734
SUBJECT: Compliance Evaluation Inspection
Willowbrook Park WWTP
Permit number: NCO070394
Macon County
Dear Mr. Jones: -
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 11, 2009. The facility was found to be in compliance with permit
NC0070394.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
xC: Central Files
Asheville Files
o Carolina
NNaturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX[phone]

United States Environmental Protection Agency Form Approved.
EPA
C P Washington,D.C.20460 OMB No.2040-0057
/� Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 N00070394 Ill 121 09/08/1, 117 181 CI 191 sl 20I 11
Remarks
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ill
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved--------------------
671 1.0 169 701 31 711 1 72I N I 73 W 74 751 1 1 1 1 1 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)
03:00 PM 09/08/11 07/12/01
Willowbrook Park WWTP
17 McClure Mill Rd Exit Time/Date Permit Expiration Date
Franklin NC 28734 03:30 PM 09/08/11 12/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Joedavid Matthew Hall/ORC/828-293-9396/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
R S Jones,61 E Main St Franklin NC 28734//828-524-4444/8283697343
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/
` 1*q1Vks �aa .2009
SignapttTof Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
p (n (5 l)c3LQ 0 0
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO070394 I11 12I 09/08/11 1
17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
INSPECTION:
Joedavid Hall, grade II certified ORC, assisted in the inspection.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 23.5 degrees Celcius
pH = 6.8 standard units
Dissolved Oxygen = 6.8 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve
ideal dissolved oxygen levels.
Settleable Solids = ml/I = %
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately equal to the percentage volumes occupied by the settleable
solids from the aeration basin after settling for 30 minutes in a settleometer. For
example, a settleability of 30%would generally indicate a recommended return sludge
pumping rate of 30%.
Having the percent settleable solids (i.e. 30%)the same as the percent return sludge
pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained.
If the plant cannot handle that return sludge pumping rate, then wasting is probably
recommended, unless the sludge is too young.
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen = 8.0 mg/I
Temperature = 25.3 degrees Celcius
Total Residual Chlorine = 25 ug/I
The effluent appeared to be clear, indicating compliance with permit limits.
OPERATIONS AND MAINTENANCE/SUMMARY:
This facility appears to be well operated and maintained.
Page# 2

Permit: NCO070394 Owner-Facility: Willowbrook Park WWTP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
The ORC was on-site during the inspection and is doing a good job.
RECORDS AND REPORTS:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 4-9-2008 by Janet Cantwell
The permit expires on 11/30/2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The Annual Performance Report was received by DWQ on October 16, 2008.
The log book was present on-site and had good notation of daily events.
Page# 3

Permit: NCO070394 Owner-Facility: Willowbrook Park VWVf P
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ ❑ n n
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? ■ ❑ ❑ ❑
Is disposal of screening in compliance? ■ ❑ n n
Is the unit in good condition? ■ ❑ n ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ n n
Are surface aerators and mixers operational? ❑ ❑ ■ ❑
Are the diffusers operational? ■ ❑ n ❑
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n ❑ ❑
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑
�i
Are weirs level? ■ n n n
Page# 4

Permit: NCO070394 Owner-Facility: Willowbrook Park WWTP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n ❑ n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ® n n n
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ n n In
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 1
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n 0
Page# 5

Permit: NCO070394 Owner-Facility: Willowbrook Park WW rP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑
Judge,and other that are applicable?
Comment:
Page# 6

RD E N R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
August 13, 2009
Mr. Billy Vanhook, President
Laurel Hills Town Homes Association
PO Box 1537
Franklin, NC 28734
SUBJECT: Compliance Evaluation Inspection
Laurel Hills Town Homes WWTP
Permit number: NCO060844
Macon County
Dear Mr. Vanhook:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 11, 2009. The facility was found to be in compliance with
permit NC0060844.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX[phone]

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO060844 Ill 121 09/08/1, 117 181 CI 19I sI 20�II
Remarks
211 1 1 1 1 1 1 1 I 1 1 1 Jill Jill Jill Jill I I I I I I I I I I I I I I I I I 1 16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved-------- -------
67 I 1.0 169 70131 711 I 72 I N I 73 I I 174 751 I I I I I I 180
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
02:00 PM 09/08/11 07/12/01
Laurel Hills WWTP
Pete McCoy Rd Exit Time/Date Permit Expiration Date
Franklin NC 28744 02:30 PM 09/08/11 12/11/30
Name(s)of Onsite Rep resentative(s)/fitles(s)/Phone and Fax Number(s) Other Facility Data
Wayne Medford Price/ORC/828-524-4492/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Margaret Crownover,PO Box 1537 Franklin NC 28734//828-369-9162/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
"-
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (Cont.)
3I NCO060844 I11 12) 09/08/11 1
17 181
C1
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
INSPECTION:
Wayne Price, grade IV certified ORC, assisted in the inspection.
EFFLUENT:
The effluent appeared to be clear, indicating compliance with permit limits.
OPERATIONS AND MAINTENANCE/SUMMARY:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The ORC was on-site during the inspection and is doing a good job.
RECORDS AND REPORTS:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 9-10-2008 by Janet Cantwell.
The permit expires on 11130/2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
REPORTING REQUIREMENTS: t
There were no records of Annual Performance Reports being received by DWQ for this facility.
The following regulatory update (dated October 19, 1999) was mailed to all permittees, informing
them of House Bill 1160 (also know as the Clean Water Act of 1999).
This bill was ratified by the North Carolina General Assembly on July 20 and signed into law by
the Governor on July 21, 1999.
This legislation has placed significant, new reporting requirements on those entities that own
or operate wastewater treatment and collection systems.
This following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements.
SPILL NOTIFICATION
One of the new requirements that became effective October 1, 1999 for all wastewater facilities
that collect or treat wastewater is that they must notify the public of wastewater spills.
Page# 2

Permit: NCO060844 Owner-Facility: Laurel Hills WWTP
ispection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Wastewater facility owners or operators must issue a press release after a discharge to surface
waters of 1,000 gallons within 48 hours of first knowledge of the spill by the owner/operator.
The law requires that the press release must be issued to "all electronic and print news media
outlets that provide general coverage in the county where the discharge occurred."A copy of the
press release must be maintained for one year by the owner/operator. This press release Is
required in addition to the permit requirement of contacting the North Carolina Division of
Water Quality (DWQ). A list of media outlets, sorted by County, and a sample press release are
available on the State's web site, for or your reference.
If a discharge of 15,000 gallons or more reaches surface water, a public notice is required in
addition to the press release. The public notice must be placed in a newspaper having general
circulation in the County in which the discharge occurred and the county immediately downstream.
A sample public notice format is on the State's web site.
If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters, the DWQ
regional office must be contacted to determine in what additional counties, if any, a public
notice must be published. A copy of all public notices and proof of publication must be sent to
the DWQ to the attention of"NDCEU" at the letterhead address within 30 days of publication.A
sample public notice is available on the State's web site.
The minimum content of the notice is the location of the discharge, estimated volume, water body
affected, steps taken to prevent future discharges and a phone number and contact name.
ANNUAL REPORT
Another new requirement is that 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 works' or collection system's performance over a
12 month period.
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements.
The new law states the above mentioned report shall summarize the performance of the treatment
works or collection system and state the extent to which any terms of its permit, federal laws,
or any State laws, regulations or rules related to the protection of water quality have been
violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum,
the report contain the following information:
I. General Information
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s)
• Description of collection or treatment system or process
II. Performance
• Description of overall 12 month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions,
Page# 3

Permit: NCO060844 Owner-Facility: Laurel Hills VWVrP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
environmental regulations or environmental laws, including (but not limited to):
Permit Limit Violations
Monitoring and Reporting Violations
(Illegal) Bypass of treatment facilities"
Sanitary Sewer Overflows*
* Note estimated total monthly volumes and locations of events in which
more than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
•Statement as to how users or customers have been provided access to the report.
IV. Certification
• Statement by a responsible official certifying the report is accurate and complete.
It shall be left to the individual applicable entities to decide both how much detail above
minimum they wish to provide in the report and how they will provide the report to their users
or customers. This law was established to provide a mechanism for public oversight(and
hopefully, to instill public confidence).
Those entities that fall under the scope of this part of the law are encouraged to be
forthcoming in their report and they should provide its readers a contact where they may view
more detailed information.
To satisfy the Departmental-reporting requirement, three copies of the report should be f-
submitted to the following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Annual reports must be submitted within 60 days of the end of the applicable 12-month review
period.
You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time
frame. Initial reports must be prepared and submitted for either the 1999 calendar year or the
2000 (beginning July 1, 1999) fiscal year.
As was noted at the beginning of this letter, there are several new reporting requirements as a
result of the Clean Water Act of 1999. As a stakeholder in environmental regulation, you are
encouraged to review the entire scope of the Act to see if other part apply to your operations.
A copy of the Act can be can be viewed on the North Carolina General Assembly's web site at
http://www.ncga.state.nc.us/htmll 999/bills/ratified/house/hbill 160.full.html.
If you have any questions, please contact your DWQ Regional Office or(919) 733-5083 ask for
Page# 4

Permit: NCO060844 Owner-Facility: Laurel Hills WWTP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
the Non-Discharge Compliance and Enforcement Unit for the spill notice requirements or the Point
Source Compliance and Enforcement Unit for the Annual Report requirement.
DEADLINE:
PLEASE SUBMIT THREE COPIES OF THE ANNUAL REPORT (TO THE ADDRESS ABOVE) FOR THE
PAST FISCAL YEAR
(JULY 1, 2008 TO JUNE 30, 2009), BY SEPTEMBER 1ST, 2009.
Page# 5

Permit: NC0060844 Owner-Facility: Laurel Hills WWfP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ Cl ■ ❑
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ❑ ■ n
Is the facility as described in the permit? ■ ❑ ❑ ❑
Is the facility as described in the permit? ■ ❑ ❑ Cl
#Are there any special conditions for the permit? ❑ ■ ❑ ❑
#Are there any special conditions for the permit? ❑ ■ ❑ ❑
Is access to the plant site restricted to the general public? ■ n n ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■ '.
a.Manual ■
b.Mechanical ❑
b.Mechanical ❑
Are the bars adequately screening debris? ■ ❑ n n
Are the bars adequately screening debris? ■ ❑ n ❑
Is the screen free of excessive debris? ■ ❑ ❑ ❑
Is the screen free of excessive debris? ■ ❑ ❑ ❑
Is disposal of screening in compliance? ■ ❑ n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ ❑ ❑ ❑
Is the unit in good condition? ■ ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Mode of operation Ext.Air
Page# 6

Permit: NCO060844 Owner-Facility: Laurel Hills WVVTP
inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Type of aeration system Diffused
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■ n
Are surface aerators and mixers operational? n n ■
Are the diffusers operational? ■ n n n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ Cl n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
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? ■ ❑ n ❑
Is the DO level acceptable?(1.0 to 3:0 mg/1) ■ 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 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
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n Cl
Page# 7

Permit: NC0060844 Owner-Facility: Laurel Hills WWTP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ n n n
Is the site free of excessive floating sludge? ■ ❑ n ❑
Is the drive unit operational? ■ n 1­1 n
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ 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 overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n ❑
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n
Comment:
Sand Filters (Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? ■ n n n
(If pumps are used)Is an audible and visible alarm Present and operational? ■ n n n
Is the distribution box level and watertight? n n ■ ❑
Is the distribution box level and watertight? n n ■ ❑
Is sand filter free of ponding? ❑ ❑ ■ ❑
Is sand filter free of ponding? ❑ n ■ n
Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ■ ❑
Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ■ ❑
#Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ ■ ❑
#Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ ■ ❑
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ■ ❑
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ■ ❑
Comment: This facility has a multi-media (sand and anthracite)tertiary filter.
Comment: This facility has a tertiary filter.
Disinfection -UV Yes No NA NE
Are extra UV bulbs available on site? ■ ❑ ❑ ❑
Page# 8

Permit: NCO060844 Owner-Facility: Laurel Hills VWVfP
Inspection Date: 08/11/2009 Inspection Type: Compliance Evaluation
Disinfection - UV Yes No NA NE
Are extra UV bulbs available on site? ■ n n n
Are UV bulbs clean? ■ n n n
Are UV bulbs clean? ■ n n n
Is UV intensity adequate? ■ n n n
Is UV intensity adequate? ■ n n n
Is transmittance at or above designed level? ■ n n n
Is transmittance at or above designed level? ■ n n n
Is there a backup system on site? ■ n n n
Is there a backup system on site? ■ n n n
Is effluent clear and free of solids? ■ n n n
Is effluent clear and free of solids? ■ n n n
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
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 ■ f_1 n n
Judge,and other that are applicable?
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n 0—
Judge, and other that are applicable?
Comment:
Page# 9

�J,
__

WMENR
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
August 13, 2009
Mr. Tom McDevitt
Evergreen Foundation
28A Oak Street
Waynesville, NC 28786 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0316
Permit No. NCO032361
The Balsam Center
Dear Mr. McDevitt: Haywood County
A review of The Balsam Center for Hope & Recovery's monitoring report for April 2009
showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Total Ammonia 04/30/09 6 mg/I 6.58 mg/I Monthly Average
Nitrogen Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the DMR required an explanation for the subject violation, it is
not requested that another response be submitted, unless an explanation was not provided or
should you have additional information concerning the violation(s). Please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any
additional violations. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Keith Haynes of this
office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me
at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files N��
ARO Files onehcarolina
at0a!!ry
North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX [phone]

ATaw�s
RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 13, 2009
Mr.J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-US Highway 64
DWQ Project 08-0396
TIP No.A-0011 BB
Clay County
Dear Mr. Setzer:
On August 12, 2009,I inspected the construction work on US Highway 64 in Clay County and the project
appeared to be in good shape. Construction work consist of heavy grading and pipe installation. The erosion
and sedimentation control structures, vegetative covering, and matting appear to be working properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions, please call me at 828-296-4500.
Sincerely,gl,c�/-2
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
(Setzer)US Highway 64 Inspection Letter August 2009
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NofthCuol.ina
Internet:www.ncwaterguality.org Naturally
J+ atura l y
An Equal Opportunity 1 Affirmative Action Employer �/ "

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: August 12,2009
County: Clay —� Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑Other
DWQ 401 #: 08-0396 1 NW Permit#: IP
Project Name: U S Highway 64 Widening A-001 I 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 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 Projects
Background Info
Name of Waterway(s): Downing Creek,John Reese Branch, Byers Branch,Chatuge Lake and
unnamed tributaries to Hiwassee River
Basin/Subbasin: Hiwassee 040501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: X❑Class B ❑303d Listed ❑WS-1I ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA FICA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X00— 1/101h acre ❑l/l lch to UP 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 staff. Construction and pipe installation continuing Sediment and erosion control
structures appear to be working properly. Seeding and/or matting should be performed as areas are graded.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
The project appears to be in good shape.
US Highway 64 Inspection August 2009

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 13, 2009
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-Cat Creek Road
DWQ Project 08-1022
TIP No.B-4179
Macon County
Dear Mr. Setzer:
On August 12,2009,I inspected the construction work on the culvert on Cat Creek Road in Macon County.
The erosion and sedimentation control structures,vegetative covering, and matting appear to be working
properly.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions, please call me at 828-296-4500.
Sincerely
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Setzer)Cat Creek Road Inspection Letter August 2009
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarolina
Intemet:www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer �/�yq/aturallff

DWO Site Visits for DOT Proiects_
Field Sheet
DWQ representative:r Michael R.Parker Date: I August 12,270079
County: Macon Region: I Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1022 = NW Permit#:C 771 IP#:
Project Name: Cat Creek Road Bridge Replacement
Location of Project: NCSR 1513 south of US 44land north of Franklin in Macon County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWO):
❑ 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 I Est Acres I ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet —�
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impactlft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impactlft/ ac
Buffer Designation: []Exempt ❑Allowable ❑Allowable w/mitigation[]Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Rabbit Creek
Basin/Subbasin: Little Tennessee 040401
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW x❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV RSA RCA
Type of Authorized Impact: ❑Culvert X❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre ❑l/11`h 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:
Construction continues on project. The arch culvert had been installed and covered. Grading is underway and
should be completed soon. The project appears to be in good shape over all.
Continue to maintain erosion control devices and continue with seeding and matting as soon as possible. The
project is nearing completion.
NCSR 1513(Cat Creek Road)Inspection August 2009

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
August 14, 2009
Mr. David Hyder
231 Gibbs Road
Leicester, North Carolina 28748
Dear Mr. Hyder:
The Metropolitan Sewerage District of North Carolina (MSD) has indicated a
willingness to maintain the privately owned sewer crossing your property off Nichols Hill
Drive. Attached is the MSD form which authorizes the MSD to enter on your property to
conduct maintenance should problems with the sewer arise. I encourage you to sign
the form and return same to:
Mr. Mike Butler
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, North Carolina 28804
Should you need to discuss the contents of the form I suggest you call Mr. Butler
directly at [phone]. This very generous offer by the MSD represents an
excellent opportunity to provide proper operation and maintenance to this sewer.
Should you need to discuss this matter please do not hesitate to contact me. My
direct phone number is [phone].
Sincerely,
Roy%Mavis
Environmental Engineer
Xc: Charles H. Sullivan, Jr.
Mike Butler, MSD
G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Morning Dew Drive2.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 �y��l//�
Internet: www.ncwaterquality.org �at `
An Equal Opportunity\Affirmative Action Employer

� \
�:.
I \
___... _.

Agreement to Convey Right-of-Way
PAGE 1 of 2
General Manager
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, N.C. 28804
Dear Sir:
In consideration of the Metropolitan Sewerage District's (hereinafter "District")
agreeing to take over and rehabilitate the collector sewer system serving my
property located at the
undersigned hereby agrees to grant to the District, at no cost, an easement of
sufficient width and appropriate location to rehabilitate the collector sewer system
serving my property, to permanently locate a portion of the collector sewer on my
property and to operate and maintain the rehabilitated collector sewer system.
I understand that the width and location of the easement shall be determined in
the sole discretion of the District, but that my input, as well as the input of other
property owners who are a part of this project, will be considered in determining
the location of the easement.
I understand that the District, or its agent, shall have the right to enter upon my
property for the purpose of selecting and surveying a route for the proposed
easement and for surveying any monuments required to establish property lines
accurately for easement acquisition. I understand that any District employee,,or
its agent, and equipment shall have the right to enter upon my property for the
purpose of performing limited emergency repair or maintenance activities on the
common portion of the existing system.
I understand that the sewer system serving my property is unclaimed and will
remain as such until the District takes over the system following rehabilitation.
Any malfunction of this unclaimed sewer system that results in any damage to
my property is not the responsibility of the District.
By my signature and the signature of others holding an interest in this property
named above, I (We) hereby warrant and represent that we own this property in
fee simple and hereby agree to execute any and all documents necessary to
transfer the appropriate easements, as determined by the District, to the District
for the rehabilitation of the collector sewer system and the location of a portion of
the collector sewer system permanently on my property.
FEBRUARY 2007

Agreement to Convey Right-of-Way
PAGE 2 of 2
The undersigned hereby understand and acknowledge that the District's
obligation to rehabilitate the unclaimed collector sewer system servicing this
property is contingent upon the District obtaining satisfactory easements from
other property owners whose property the proposed collector sewer crosses. In
the event the District is unable to obtain satisfactory easements from other
property owners, the District shall have no obligation to rehabilitate the collector
sewer system.
DATE
PROPERTY OWNER (SEAL)
PROPERTY OWNER (SEAL)
FEBRUARY 2007

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 17, 2009
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 19/19E
DWQ Project 07-1134
Individual Certification No. 3706
TIP Nos. R-2518A and R-2518B
Madison and Yancey Counties
Dear Mr. Swain:
On July 30, 2009, 1 inspected the construction work on the US Highway 19/19E project in Madison and
Yancey Counties. Major grading, culvert extension and bridgework are underway along the entire length of
the project. Most of the project appears to be in good condition but turbidity continues to be a problem in the
streams due to the large amount of disturbed area that is open and not seeded and/or mulched.
The Division of Water Quality continues to have concerns about the possibility of sediment and turbidity in
streams from the construction areas and have recently received complaints from downstream property owners
concerning the muddy water. Please continue to ensure that all sediment and erosion control structures are
maintained and that seeding and mulching are performed as required to protect State surface waters.
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: Randy McKinney, PE
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker, Asheville Regional Office
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 NorthCarol.ina
Internet:www,ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employer

DWO Site Visits for DOT Protects
Field Sheet
DWQ representative: Michael R. Parker Date: July 30,2009
County: Buncombe Region: Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: WQC No_3706 NW Permit#: IP#:
Project Name: Improvements to US Highway 19E
Location of Project: US Highway 19 and 19E from future I-26 in Madison County to SR 1336 in Yancey
County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Ouality Concerns(DWO):
X❑ Bridge X❑ Steam Standards Violation
- X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile X❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
X❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
X❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
❑ Bank Stabilization
❑ Other Fill
Additional Wetland Impacts: ❑yes ❑ no Estimated Acres
❑ Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 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): Middle Fork Creek,Bailey Branch, Turkey Branch,Polly Branch,
Holland Creek,Ivy Gap Branch,Bald Creek,Price's Creek, Phipps
Creek and Cane River
Basin/Subbasin: FBR 040304 and 040307
Wetland Type: ❑Isolated X❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed X❑WS-II ❑WS-V ❑S13
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/101h acre X❑1/1 Ith to 1/3`d acre
X❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments: 7,059 linear ft. of stream impacts and 0.42 acres of wetlands for R-2518A;
3,675 linear ft. of stream impacts and 0.23 acres of wetlands for R-2518B. Compensatory
mitigation-for impacts of 5,453 linear feet is required.
Compliance Issues Identified: ❑Yes ❑No
l.Heavy grading and construction work is taking place along the entire length of the project.
2.Construction work includes bridge construction, culvert extension, fill and borrow.
3.Streams are turbid from time to time especially after rainfall events.
4.All bare soil areas that are open for more than 21 days should be temporary seeded. This should
help reduce the amount of turbidity and sediment in the streams.
5.Please continue to ensure that all sediment and erosion control devices are maintained and working
properly.
6.Please ensure that all of the Japanese Knot Weed was removed from the stream relocation site and is
disposed of properly.
5.As a reminder the streams on the Madison County construction area are classified as High Quality
Waters and all measures necessary to protect State surface waters should be employed.
6. In-water Work Moratoriums reminder:
Cane River and tributaries April 1 to June 30
Bald Creek and tributaries January 1 to April 15 -
Price Creek and tributaries January 1 to April 15
July 2009 Inspection US Highway 19 R-2518 A&B

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 17,2009
Mr. Mike Pettyjohn, P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Stormwater Inspection
US Highway 321
DWQ Project No. 041246
TIP No. R-2237B
Caldwell County
Dear Mr. Pettyjohn:
On July 29, 2009, I conducted a stormwater inspection for the US Highway 321 construction project in
Caldwell County. The rainfall data and erosion control records appear to be maintained in good order. Mr.
Dennis Lawson is doing a good job in keeping up with this information.
Continue to ensure that these records are maintained during the life of the project. Please refer to the attached
inspection report for additional comments and/or recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
;Wza� � -
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio, P.E.
Heath Slaughter,Division 11, DEO
Neil Trivette,Roadside Environmental
Transportation Permitting Unit
Niki Maher,NPS Assistance and Compliance Oversight Unit
Mike Parker,Asheville Regional Office
(Pettyjohn)US Highway 321 July 2009 Stormwater Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org Nofth Carolina
An Equal Opportunity 1 Affirmative Action Employer Naturalltf

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Form A June'3D'1
Site Ins;�ection forrr;� cons truct,•'orl Stvrimvater P'efrl;it Par'DES NCGO'10000
its Name: fi�✓ il ` .�3 ----
WN 0 R 0: �� C�� -ram` '
Inspector: 1. DWQ inspection date: (i11) Oa
Location:
.County: (A ) 5. Stream: (,'o)j----
3. Basin: (A3) ►au6p1, , ;r ti C1a�s A6)
4. Location description., (.44)
(Topographical vicinity map of site is ac,ached for case file)
7. Land disturbance due to construction/development? (A7) i` ire 'r-No
6.On-site representative available durinc tns ec�lan? AB)r� ves r- rao
Narne(s)
Title(s)
Employer(s)
9..Erosion and Sedimentation Control Plan (part 1.Section A: No.2,
Is a copy of the approved plan on site and available for review? A9 - �a ,.. r 3—; Not
( ) Inspected
10. Rain Gauge(Part 1. Section B.No, 1.
Is a rain gauge present on the site at the time of inspection? (Al 0) ice r— Not
— Inspected,
11. Rain Gauge Data(Part 1.Section g, No. 1.1..
Is rain gauge data measured and recorded? (A11) ~±r' e a �� nospectea
Data from past 14 da s
Week 1 Date; ' , l
Amount:
Week 2 Date v'-.
Amount , _? ,
'12.Minimum Nionitorina &Record Keeping (Part 1. Section B. No,3*1
Are inspection records of erosion &sedimentation control facilities complete&availabi request.—
(Al 2) Not
Inspected
Dates of documented inspections during the past 14 days:
Week 1: 2Zkm
Week 2:
13.Sedimentation impacts to waters: 14. Linear ft of stream Impacts
Typical range of sediment depth; (A13a) tc (A14) '
Maximum depth of sediment: (A13b)
15. Photo Documentation: Were photos taken? (A15) F-. vas
Photos(I.impacted water,2.sedimentation depths,3.sediment control measures, and 4,un-impacted upstream waters)
and sketch/map of where photos were taken are at'ached for case file
16.Notesp.�.
3 y
CJ
W
5 G 1 3 #Y
4
i
Project personnel not available during D''!Q site inspection
1-4

____ - - -
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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
August 18, 2009
Mitchell Hicks, Chief
Eastern Band of Cherokee Indians
P.O. Box 455
Cherokee,NC 28719
SUBJECT: Sediment Removal/Closure of Violation
Sequoyah National Golf Course
Jackson County
Dear Chief Hicks:
I performed a site visit at Sequoyah National Golf Course with Jason Morrell from Wetland&
Ecological Consultants, Inc. and Doug Swartz with Landscapes Unlimited,LLC on August 11,
2009. The site visit was conducted to review the sediment that was removed from the two
tributaries to Crooked Creek and to review the bank stabilization areas along Crooked Creek.
The sediment removal and the bank stabilization, along with the final report submitted by Wetland
&Ecological Consultants, Inc.,have satisfactorily resolved the outstanding water quality issues at
the golf course and the Division shall consider this matter closed.
This letter in no way precludes the Division from taking action on this or any other future water
quality violation. Should you have any questions regarding these matters,please contact me at
[phone].
Sincerely,
usan A. Wilson, Environmental Engineer
Surface Water Protection
cc: ARO File Copy
Wetland& Ecological Consultants,Inc./Jason Morrell (e-copy)
3225 South Cherokee Lane, Bldg. 800, Woodstock, GA 30188
Doug Swartz, General Superintendent, Landscapes Unlimited, LLC (e-copy)
Robbie Shelton, Jackson County Erosion Control (e-copy)
G:\WPDATA\DEMWQ\Jackson\Stormwater Construction NCGO1\Sequoyah Natl Golf Course\Sequoyah SedimentRemoval closure 8 2009.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 7
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �atur��l�
Internet: www.ncwaterquality.org
An Equal Opportunity i Affirmative Action Employer

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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
August 18,2009
Mr. Scott Banks
717 Dillingham Road
Barnardsville,NC 28709
SUBJECT: Stream Enhancement and Sediment Removal Plan Approval -
Sardis Road Project [ref. NOV-2008-OP-0055 and NOV 2008-CV-0018]
Buncombe County
Completion Deadline: October 21, 2009
Dear Mr. Banks:
The Division of Water Quality has reviewed the sediment removal and stream restoration proposal
from C1earWater Envirommental Consultants, Inc., (dated April 16, 2009 with additional
information dated July 15, 2009), in response to the above listed notices of violations. The
proposal outlines the removal of sediment from an unnamed tributary to Hominy Creek(a Class C
water body in the French Broad River Basin) and stream restoration of the tributary.
The remedial actions presented in the responses have been approved. Sediment removal and
stream restoration must be completed by October 21, 2009, including a final report to be submitted
to this office after completion. Stream restoration must include the entire length of stream as
indicated in the NOVs,unless a 401 Water Quality Certification for impacts is approved before the
completion deadline. As stated in the restoration document, annual monitoring of the stream
should continue for 5 years after completion of the project.
Should you have further questions regarding this approval letter, please contact me at(828) 296-
4500. Should you and your consultant continue to pursue the culvert impact and demonstrate that
avoidance and minimization of that impact is not possible,the Division will work closely with
your consultant to expedite the resubmitted permit application.
Sincerely,
C
Susan A. Wilson, Environmental Engineer
Surface Water Protection
cc: ARO File Copy
Liz Hair,USACOE (e-copy)
Rebekah Newton, C1earWater Environmental Consultants, Inc. (e-copy)
G:\WPDATA\DEMWQ\Buncombe\401s\Banks.Buncombe\Banks-West\Sardis Road Sed remIAPPROVE 8 2009.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 //
Internet: www.ncwaterquality.org ;Vaturally
An Equal Opportunity\Affirmative Action Employer

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 18, 2009
Mr. Heath Davis
Pinnacle Church
90 Main Street
Canton, North Carolina 28716
Subject: Permit No. WQ0034289
Pinnacle Church
Wastewater Collection System Extension
Haywood County
Dear Mr. Davis:
In accordance with your application received on August 12, 2009 we are forwarding herewith
Permit No. W00034289, dated August 18, 2009, to Pinnacle Church for the construction and operation
of the subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 02T .0400 or
any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 02T .0305; the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria
for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable,
unless specifically mentioned herein. Division approval is based on acceptance of the certification
provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the
Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria
and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing
board.
Asheville Regional Office Internet http://h2o.enr.state.nc.us/
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Pinnacle Church August 18, 2009 Page,
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Pinnacle Church for the construction and operation of approximately 216 linear feet of 6-
inch diameter gravity sewer and the discharge of 1,500 gpd of collected domestic wastewater to sewers
belonging to the Town of Canton, pursuant to the application received on August 12, 2009 and in
conformity with 15A NCAC 02T .0305; 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 Blue Ridge Paper
Company Wastewater Treatment Facility (Permit No. NC0000272) prior to being discharged into the
receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Roy Davis at (828)
296-4659.
Sincerely,R-je
for Colee H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0039578)
Michael D. Lovoy, PE
Paul Dickens, Blue Ridge Paper
Water Quality Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PINNACLE CHURCH
HAYWOOD COUNTY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034289
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 02T .0305; 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 02T .0400. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 02T
.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 §143-215.1 C.
1

Permit No W00034289 Pinnacle Church Haywood County. August 18 2009
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 02T .0305; 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 02T .0305;
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 26 .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

nit No W00034289 Pinnacle Church Haywood County August 18 2009
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 18th day of August, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
,- Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034289
3

Permit No. W00034289, Pinnacle Church Haywood County August 18, 2009
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
216 linear feet of 6-inch diameter gravity sewer
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEERS CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe(❑ periodically, ❑weekly, ❑full time) the construction of the above referenced \
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be -=
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 18, 2009
Mr. Franklin Daniel Anderson
2833 Arthurs Ln
Lenoir,NC 28645
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2008-OP-0037
Incident Closure
Caldwell County
Dear Mr. Anderson:
The Division of Water Quality (DWQ) has received your documentation,related to the Notice of
Violation and Recommendation for Enforcement NOV-2008-OP-0037 and performed two site
visits. The written response and the stream restoration results observed at the site have
satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation
for Enforcement.
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation.
Should you have any questions regarding these matters, please contact me at(828)296-4500.
Sincerely,
Linda Wiggs
Surface Water Protection Section
Environmental Specialist
cc: ARO File Copy
DWQ Central Files
G:\WPDATA\DEMWQ\Caldwell\Complaints\Anderson\NOV Closure.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity\Affirmative Action Employer

1
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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
August 18, 2009
Dale Hamlin
Carriage Park
2827 Haywood Rd
Hendersonville,NC 28791
SUBJECT: NOTICE OF VIOLATION
Carriage Park
DWQ Tracking Number: NCR001837
NOV-2009-PC-0726
Stream Standard Violation- Other Waste (In-stream sediment)
Henderson County
Response deadline: September 4, 2009
_- Dear Mr. Hamlin:
On August 6, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at the Carriage Park Development on Haywood Road
in Henderson County. Ms. Liz Hair(US Army Corps of Engineers) and Ransom Jackson were
present.
Stream standard violations were noted during the inspection. An indeterminate length(in excess
of 500 feet) of sediment impacts to two (2)unnamed tributaries to Mill Pond Creek(Classified as
WS-IV waters)was documented.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) ISA NCAC 02B .0211
(3)f- Greater than 500 feet of two (2)unnamed tributaries to Mill Pond Creek(Classified
as WS-IV waters) was impacted by sediment deposition greater than 3 inches throughout
the stream reaches,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 NOrthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www,ncwaterquality.org Naturally
//
`
An Equal Opportunity 1,Affirmative Action Employer U

Dale Hamlin
August 18,2009
Page 2 of 2
REQUIRED RESPONSE
This Office requests that you respond in writing by September 4, 2009. 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 submit a Sediment Removal/ Stream Restoration Plan(Plan)to this office
for review and approval. The Plan must address removal of the accumulated
sediment(including gravel) from the unnamed tributaries to Mill Pond Creek. The
Plan must be submitted to the Division of Water Quality for review and approval
prior to implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with development of the Plan and
authorization necessary to achieve compliance. It is recommended that your
consultant contact Chuck Cranford of the Asheville Regional Office for additional
guidance during restoration plan development. The Restoration Plan should include
the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.

'009
.i
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)296-4500:
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Katie Merritt—NPS Assistance and Compliance Oversight Unit(e-copy)
ARO File Copy
DWQ Central Files
Tim Fox—Henderson County erosion Control (e-copy)
G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCG01\Carriage Park\NOV-2009-PC-0726_8-18-09.doc

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I==
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 18,2009
Mike Evers
Evers, LLC
552 Corbin Road
Franklin,North Carolina 28734
Subject: Return of Application
401 Water Quality Certification
Evers, LLC
DWQ Project# 09-0662
Macon County
Dear Mr. Evers:
The Division of Water Quality(DWQ)has reviewed the most recent application submittal, dated August 1,
2009, for the subject project. The requisite information required to complete the review process was not
included. Therefore,the project application is considered incomplete and inadequate for review by the Division
of Water Quality (DWQ).
Please note: No impacts associated with the subiect project are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.
Additional Information Required:
1. Stormwater Management Plan Requirements
Per the requirements of GC 3705,this project must comply with Stormwater Management Plan
(SMP) Requirements for Applicants Other Than the North Carolina Department of
Transportation, available at:
http://h2o.eiu.state.nc.us/newetlands/documents/SMPRequirementsforApplicantsotlierthanNCD
OT.pdf. Please include an SMP that is designed to remove a minimum of 85 percent TSS from
the stormwater generated by this project. For each proposed BMP,please provide a completed
BMP Supplement Form, with all the required items. The BMP Supplement Forms are available
at the following web site: http://h2o.enr.state.ne.us/sulbmp forms.htm.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOrthCarolina
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity\Affirmative Action Employer

Mike Evers
August 18,2009
Page 2 of 2
Upon receipt of a complete application along with the applicable fee,the DWQ will promptly review the
package and respond accordingly. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
J
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Wanda Austin—Heaven's Rose, Inc. (e-copy)
Lori Beckwith-US Army Corps of Engineers Asheville Field Office (e-copy)
David McHenry -North Carolina Wildlife Resources Commission(e-copy)
Cyndi Karoly -401 Permitting Unit(e-copy)
Macon County Planning(e-copy)
ARO File copy
G:\WPDATA\DEMW Q\Macon\401 s\Evers\09-0662_Evers_Retum_8-18-09.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
August 18, 2009
Mr. Scott Banks
717 Dillingham Road
Barnardsville,NC 28709
Subject: Return of Application
401 Water Quality Certification
Sardis Road Project
DWQ Project# 09-0448
Buncombe County
Dear Mr. Banks:
The Division of Water Quality (Division)has reviewed the most recent application submittal, dated July 15,
2009, for the subject project and has found the information to still be incomplete. Therefore,the project
application is being returned.
Please note: No impacts associated with the subject proiect are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.
Additional Information Required:
1. Proposed Impacts To Waters of the United States /Waters of the State
The Division does not believe that the impacts to surface waters have been adequately avoided
and/or minimized, as required by 15A NCAC 2H .0506(b). Although the Division now
understands that adjacent parcels cannot be used for this project, it is possible that the parking
area may be reconfigured and further minimized,thereby completely avoiding the impact to
surface waters. The Division also understands (via Ms.Newton's e-mail August 12t)that the
proposed parking area meets the minimum number of spaces for the 39,900 ft2building required
by City ordinance. However, after brief correspondence with the City of Asheville's Planning
Department, it is possible that an exception'may be given for this requirement. You and your
consultant should attempt to pursue this option(and the Division will assist you in your
justification for the exception to the minimal number of parking spaces). The other possibility of
avoidance would be to work with your design engineering team to reconfigure the entrance or
the parking area to try to further avoid culverting the stream at the site.
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 Nattirally
An Equal opportunity 1 Affirmative Action Employer

Mr.Banks
August 18,2009
Page 2
In regard to Fill Area"B", should you resubmit the proposed project,this area will need to be restored after'
completion of construction(or further explanation should be provided as to why this area cannot be restored
after completion of construction).
Additionally,you are reminded that an easement from NCDOT will be necessary to connect to the existing
culvert along Sardis Road, should the adjacent parking area not be reconfigured or reduced.
The sediment removal and stream restoration plan will be approved, conditionally, under separate
correspondence.
Upon receipt of a complete application along with the applicable fee,the DWQ will promptly review the
package and respond accordingly. Again, should you or your consultants need assistance in correspondence
with the City of Asheville Planning Department or should you have further questions regarding your project,
please contact Susan Wilson at [phone].
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Liz Hair- US Army Corps of Engineers Asheville Field Office (e-copy) -
David McHenry -North Carolina Wildlife Resources Commission(e-copy)
Cyndi Karoly - 401 Permitting Unit(e-copy)
Jennifer Blevins, City of Asheville, Planning and Development(e-copy)
Rebekah Newton, C1earWater Environmental Consultants, Inc. (e-copy)
ARO File copy
G:\WPDATA\DEMWQ\Buncombe\401s\Banks.Buncombe\Banks-West\Retum Sardis Road 401#09-0448.doc

w�mn
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
August 18, 2009
Fred Roberts
Linder Industrial Machinery Company
PO Box 5323
Asheville NC 28813
SUBJECT: Compliance Evaluation Inspection
Linder Industrial Machinery Co.
Permit No: NCG500218
Buncombe County
Dear Mr. Roberts:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on July 13, 2009. The facility appeared to be in Compliance with permit NCG500218.
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,�/w
Jeff Menzel
Environmental Specialist
cc: Central Files
Asheville Files
rJ 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 NorthCaro/l/ina
Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 �atumllff

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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
August 18 , 2009
Bobby W. Payne
2165 Riceville Rd
Asheville NC 28805
SUBJECT: Compliance Evaluation Inspection
2165 Riceville Road
Single Family Discharge
Permit No: NCG550314
Buncombe County
Dear Mr. Payne:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on July 13, 2009. The facility appeared to be in Compliance with permit NCG550314.
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,
Jeff Menzel
Environmental Specialist
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 North.Carolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �atura!!r�
Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55

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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 18, 2009
Brad Speaks
Springs Global US Inc
875 Warren Wilson College Rd
Swannanoa NC 28778
SUBJECT: Compliance Evaluation Inspection
Charles Owen Manufacturing Co.
Permit No: NCG500624
Buncombe County
Dear Mr. Speaks:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on July 13, 2009. The facility appeared to be in Compliance with permit NCG500624.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
r
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 'a�u1,Q//�
Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 �/aV

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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
August 19, 2009
Mr. Joel B. Burrell
Town of Tryon
301 N. Trade Street
Suite 100
Tryon, North Carolina 28782
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Tryon Water Treatment Plant
Permit No: NCO086525
Polk County
Dear Mr. Burrell
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on August 12, 2009. The facility appeared to be in compliance
with permit NC0086525. The kind assistance of Ms. Deborah Bradley during the
inspection was appreciated.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
t Cantwe
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Deborah Bradley/ ORC w/ attachment
G:1,WPDATAIDEMWQ\Polk\86525 Tryon vVTP186525 CEI 09.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 NOIt�1CaI011ria
Internet:www.ncwaterguality.org )Vatmmllry

/ ��\
��:'
l�

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 _ N00086525 111 121 09/08/12 117 18I CI 191 SI 20I_I
Remarks
211IIIIIII IIIIIIIIIIIIIIII IIII IIIIII11II1IIIIIIIIll
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ----------—-----------Reserved--_-_--_------_--
67 I 169 701 I 711 I 721 NJ 73 L1J 74 751 Ill I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:50 AM 09/08/12 08/09/01
Tryon WTP
Glengarnoch Carolina Dr Exit Time/Date Permit Expiration Date
Tryon NC 28782 12.10 PM 09/09/12 13/07/31
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
Joel B Burrell,301 N Trade St Tryon NC 28782//828-859-6654/ yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Records/Reports 0 Self-Monitoring Program 0 Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date/��
Janet Cantwell ��' �4��ARO WQ//828-296-4500 Ext.4667/ O
Keith Haynes ARO WQ//828-296-4500/
Sig ature of Management Q�wer Agency/Office/Phone and Fax Numbers Dat
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3� NC0086525 11 121 09/08/12 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Deborah Bradley/ORC and Keith Haynes/DWQ assisted in the inspection of this facility.
Records and permit were available and neatly organized.
There was a slight discharge observed during the inspection of the effluent discharge pipe.
There was no evidence of sediment deposition below the effluent pipe or in the stream.
Page# 2

Permit: NC0086525 Owner-Facility: Tryon WTP
inspection Date: 08/12/2009 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ o
Comment: There was a slight discharge observed during the inspection of the effluent
discharge pipe.
There was no evidence of sediment deposition below the effluent pipe or in the stream.
Page# 3

Az*L*')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
August 19, 2009
Mr. Ridgeway Lynch
Kanuga Conferences Inc.
P.O. Box 250
Hendersonville, North Carolina 28793
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Kanuga Conferences WVVTP
Permit No: NCO024431
Henderson County
Dear Mr. Lynch:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on August 12, 2009. The facility appeared to be in compliance
with permit NC0024431. Your kind assistance during the inspection was appreciated.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
et Can well
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
G:,WPDATA\DEMWQ\Henderson124431 KanugaL4431-CEi 09.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NO1t11CaIOhri1
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748
/� Internet:www.ncwaterguality.org AVA(Agliff

�-.
''�Ji
�__
`�_�

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 L5I 31 N0O024431 I11 121 09/08/12 117 18ICI 19 Gl 20I—I
Remarks J
211IIIIIIIIIIIIIII IIIIIIIIIIII I I I I I I I I I I I I I I I I I I j 6E
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved--------------------
67 I 169 701 I 711 I 721 NJ 73 L1J 74 751 I I I I I Li
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also indude Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Kanuga Conferences WWTP
02:25 PM 09/06/12 05/12/01
Kanuga Conference or Exit Time/Date Permit Expiration Date
Hendersonville NC 28793 03:00 PM 09/08/12 10/11/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Ridgeway T Lynch/ORC/704-692-9136/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Ridgeway Lynch,PO Box 250 Hendersonville NC 28793//828-692-9136/ yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance E Records/Reports Self-Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Ins tor( Agency/Office/Phone and Fax Numbers ,1V
Janet Cantwel ARO WQ//828 296 4500 Ext.4667/
Keith Haynes ARO WQ//828-296-4500/
8•N•��r
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO024431 I11 12I 09/08/12 1.17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Sandy Lynch/ORC and Keith Haynes/DWQ assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on 2/22/07 by Wanda Frazier.
A review of the files indicates that the permit expires November 30, 2010.
Please request a permit renewal 180 days prior to expiration.
The Annual Performance Report has been filed for the year.
The logbook was on site and contained a copy of the current permit.
This facility appears to be well operated and maintained.
Page# 2

Permit: NCO024431 Owner-Facility: Kanuga Conferences WWTP
inspection Date: 08/12/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ n
Is the facility as described in the permit? IN n n n
#Are there any special conditions for the permit? n IN n n
Is access to the plant site restricted to the general public? IN n n n
Is the inspector granted access to all areas for inspection? IN n n n
Comment: Permit will expire November 30, 2010. Please request a permit renewal
180 days prior to expiration.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? in n n n
Is all required information readily available,complete and current? in n n n
Are all records maintained for 3 years(lab. reg. required 5 years)? n ❑ n IN
Are analytical results consistent with data reported on DMRs? ❑ ❑ n ■
Is the chain-of-custody complete? n n n ■
Dates,times and location of sampling n
Name of individual performing the sampling n
Results of analysis and calibration n
Dates of analysis n
Name of person performing analyses C7
Transported CM n
Are DMRs complete:do they include all permit parameters? 11 n n n
Has the facility submitted its annual compliance report to users and DWQ? fit n n n
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? El ❑ ■ n
Is the ORC visitation log available and current? im n n n
Is the ORC certified at grade equal to or higher than the facility classification? 11 n n n
Is the backup operator certified at one grade less or greater than the facility classification? p n n n
Is a copy of the current NPDES permit available on site? n n n n
Facility has copy of previous year's Annual Report on file for review? N ❑ ❑ n
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? IN n n n
Page# 3

Permit: NCO024431 Owner-Facility: Kanuga Conferences VWVTP
Inspection Date: 08/12/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑
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 ■ o
Is septic tank pumped on a schedule? ■ o n In
Are pumps or syphons operating properly? ■ ❑ ❑ ❑
Are high and low water alarms operating properly? n ❑ ❑ ■
Comment:
Sand Filters (Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? n o ■ o
Is the distribution box level and watertight? ■ n n n
Is sand filter free of ponding? ■ n n n
Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ■ ❑
#Is the sand filter surface free of algae or excessive vegetation? ■ ❑ Cl ❑
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ■ n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ 0 ❑ ❑
Are the tablets the proper size and type? ■ ❑ ❑ ❑
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 n n
Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ ■ o
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ Cl ❑
Page# 4

Permit: NC0024431 Owner-Facility: Kanuga Conferences WWTP
Inspection Date: 08/12/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Comment:
Are the tablets the proper size and type? Is n n ❑
Are tablet de-chlorinators operational? g n n n
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? H n n
Are the receiving water free of foam other than trace amounts and other debris? 1s n ❑ n
If of fluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Page# 5

AZjfL,,A
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 23, 2009
CERTIFIED MAIL CERTIFIED MAIL
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
7007 1490 0004 0798 9265 7007 1490 0004 0798 9463
Ms. Cathy Childrey 2nd MAILING—AUGUST 19,2009
Henderson's Assisted Living Mizpah Healthcare
P.O. Box 1796 Post Office Box 1029
Southern Pines,North Carolina 28388 Marion NC 28752-1029
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO071897
Henderson's Assisted Living/Mizpah Healthcare
Henderson's Assisted Living WWTP
Case No. LV-2009-0237
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$415.00
($350.00 civil penalty+ $65.00 enforcement costs) against Henderson's Assisted Living.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Henderson's Assisted Living for the month of May 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0071897. The violations which occurred in
May 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson's Assisted Living
violated the terms, conditions or requirements of NPDES Permit N00071897 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 Henderson's Assisted Living:
NorthCarollina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NtAlRllIy
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]TAX:828 2997043\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0071897, 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.l(a)(6) and NPDES Permit No.
$250.00 NC0071897, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$350.00 TOTAL CIVIL PENALTY
$65.00 Enforcement Costs
$415.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative

„ig 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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark),will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions,please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James &James Environmental/ORC w/attachments
(i:;WPDAI'Ai I)E\IWQ(,:Ilenderson\71897 i'ienderion's assisted LAving`171.397 LV-2009-0337.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0237 County: Henderson
Assessed Party: Henderson's Assisted Living/Mizpah Healthcare
Permit No.: NC0071897 Amount Assessed: $415.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins Dee Freeman
Governor Director Secretary
August 20, 2009
Lee Smith
City of Hendersonville
Water and Sewer Department
305 Williams Street
Hendersonville,North Carolina 28793
Subject: 401 Water Quality Certification -Approval
Wolfpen Sewer Extension
DWQ Project# 09-0382
Henderson County
FrB02 /Clear Creek/6-55-11-(5)/C
Dear Mr. Smith:
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 140 feet of streams for the purpose of
installing a gravity sewer line for the subject project. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3699. This Certification allows
you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE 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 Phase II
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
828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 NorthCar olina
Internet:www.ncwaterquality.org
An Equal Oqqortunitv 1 Affirmative Action Emglover Nahorallff

Lee Smith
August 20,2009
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 140 (feet) Drawings C-0I through C-
09
Please note:
Condition 6. Work in the Dry requires work to be conducted outside of surface waters,where water must
be diverted while any work occurs in the stream channel.
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,
11A �t
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3699
Certificate of Completion
cc: USACE Asheville Regulatory Field Office (e-copy)
401 Permitting Unit—Central Office (e-copy)
File Copy
G:\WPDATA\DEMWQ\Henderson\401s\WolfpenSewer\09-0382 Approval_8-19-09.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
August 20, 2009
Unimin Corporation
Andrew Bradley
258 Elm Street
New Canaan, CT 06840
Subject: 401 Water Quality Certification - Approval
Schoolhouse Waste Dump Rock Toe Fill
DWQ Project# 09-0771
Avery County
FrB Basin/N.Toe Rvr/ C Tr
Dear Mr. Bradley:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.15 acres of wetlands and 0.01 acres of
open waters for the purpose of rock fill at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows
you to use Nationwide Permit 44 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and 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
404 Wetlands 0.15 (acres) W6
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:828-296A5001 FAX:[phone] Customer Service:1-877-623-6748 NOTt11Cc'1T 01121a
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer NahmallY

Unimin Corporation
August 20,2009
Page 2 of 2
Waters 0.01 (acres) 104
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,
t Coleen H. Sullins, Director
CHS/lsw
Enc: GC3705
Certificate of Completion J'
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
Unimin-Jeff Ferguson
136 Crystal Drive
Spruce Pine,NC 28777
G:\WPDATA\DEMWQ\Avery\401 s\09-0771 Approval.doc

XMA
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 20, 2009
Mr. Jeff Richardson, Assistant City Manager
City of Asheville
Post Office Box 7148
Asheville, North Carolina 28802
Subject: Notice of Violation
NOV-2009-PC-0735
Illegal Wastewater Discharges
City of Asheville Storm Sewers
Buncombe County
Dear Mr. Richardson:
The City of Asheville at its Public Works complex on South Charlotte Street is
discharging a variety of wastewaters to the culverted stream under the paved area
behind the buildings. Through direct observation and conversation with City employees,
on August 18, 2009 it was determined that vehicle and paint equipment wash water is
being discharged to storm drains leading directly to Town Branch. The Division of
Water Quality has been responding to complaints of a whitish appearance to Town
Branch for several weeks. Such discharges are not permitted.
The City of Asheville is to immediately take whatever action necessary to stop
the discharge of any wastewater to the City's storm drain system and thence to the
State's surface waters from City shops. I understand that the City owns a building on
South Charlotte Street which may be suitable for vehicle washing. It would be
advisable to make absolutely sure that the City owned washing facility discharges to the
sanitary rather than the storm sewer. There may be other issues relating to the City's
Storm Water Permit. Employee education will obviously be an important component of
this effort. In addition to whatever else you may decide to do, I strongly encourage the
City to paint a sign at each storm drain informing employees that no wastewater of any
type may be discharged to that storm drain. Investigation on the City's part will
undoubtedly discover other waste streams being discharged to the storm water system
and needing to be rerouted to the sanitary system. Introduction of any new waste
streams to the sanitary sewer system should involve prior coordination with Monty
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOf thCarolina
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 fly+ //�
Internet: www.ncwaterquality.org atu a l
An Equal Opportunity 1 Affirmative Action Employer

August 20, 2009
Page 2 of 2
Payne, Industrial Waste & Pretreatment Coordinator with the Metropolitan Sewerage District of
Buncombe County.
We observed mulch being stored at the City's South Charlotte Street shops in such a
manner that mulch was being carried to the same storm drain system by storm water runoff.
All such materials need to be stored in manner preventing their entry into the storm drains.
The North Carolina General Statutes provide for civil penalties of up to $25,000 per
violation and injunctive relief for violation of regulations of the North Carolina Environmental
Management Commission. Should you need to discuss this matter, I encourage you to
call Roy Davis. His direct phone number is [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection
Xc: David Foster, City of Asheville
McCray Coats, City of Asheville, Stormwater Services Manager
Ed Williams, Division of Water Quality
Susan Wilson, Division of Water Quality
Monty Payne, MSD, Pretreatment Coordinator
Roy Davis, Division of Water Quality
GAWPDATATEM M13uncombeNSD Collection System\Asheville Shops.doc

ALT-W*WA
I"J'�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
SURFACE WATER PROTECTION SECTION
August 21, 2009
Mr. Mike Molling,
Chief of Maintenance and Engineering
USDI National Park Service
199 Hemphill Knob Road
Asheville, NC 28803
SUBJECT: Compliance Evaluation Inspection
Mount Pisgah WWTP
Permit No: NCO072729
Haywood County
Dear Mr. Molling:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on July 29, 2009. The facility was found to be in compliance with permit
NC0068918.
Please refer to the enclosed inspection report for additional observations and comments. If
you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
NorthCarolina
naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX[phone]

....._........
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 N00072729 Ill 121 09/08/19 1 17 181 CI 191 SI 20I(1
Remarks
211111111111111111111111111111 11111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved----------------------
671 1.0 169 701 31 711 1 721 NJ 73 L U 74 751 11 1 I 1 11 80
Section B: Facility Data L
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Mount Pisgah WWTP 11:00 AM 09/08/19 06/12/01
Blue Ridge Pkwy Milepost 4078 Exit Time/Date Permit Expiration Date
Asheville NC 28801 12.00 PM 09/08/19 11/01/31
Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Henry Keefer/ORC/828-648-5610/
Name,Address of Responsible OfficiaUTitle/Phone and Fax Number
Contacted
John A Gentry,199 Hemphill Knob Rd Asheville NC 28803//828-271-4779/No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations&Maintenance ■Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
S'g ture of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
© (5 02 v 0
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO072729 (11 12I 09/08/19 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
EXISTING WWTP:
The existing system consists of a 0.032 MGD WWTP with the following components:
instrumented, continuous flow measurement;
an equalization basin;
a lined, aerated lagoon; which is divided into three facultative cells;
high-rate pressure filters, with backwash tank;
chemical feed capabilities for polymer addition;
liquid chlorination;
and liquid dechlorination.
A TO C:
An Authorization to Construct was issued on 6-26-08 for modifications to the 0.032 MGD WWTP
which include:
a new manual bar screen;
an new 8,000 gallon flow equalization basin with three 50 gpm pumps and dual 30 cfm blowers;
a new dual-train extended aeration package plant-each train in the dual-train plant will have:
a 19,000 gpd aeration basin with dual 75 cfm blowers;
a 10-foot diameter& 10-foot side-water depth clarifier;
an 8,500 gallon aerated sludge holding tank;
three 30 cfm blowers for the aerated sludge holding tanks;
a rotating cloth filter rated at 32,000 gpd; _
an UV disinfection system with 2 parallel banks, each rated at 80,000 gpd peak flow;
an effluent flow meter;
and a 4-inch effluent discharge pipe.
CONSTRUCTION TIMELINE:
Currently completed is a 6000 psi concrete pad for the new WWTP.
The WWTP components are scheduled for delivery this September and will be assembled on the
concrete pad using a crane.
Once the new plant is completed and tranfer of wastewater to the new plant is finishded
(probably this October), the old lagoon will be disasssembled, abandoned and restored to a
natural habitat area.
RECORDS AND REPORTS:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 10-31-2007 by Janet Cantwell and Wanda Frazier.
The permit expires on 1/31/2011. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
Page# 2

Permit: NCO072729 Owner-Facility: Mount Pisgah V WrP
inspection Date: 08/19/2009 Inspection Type: Compliance Evaluation
ADDITIONAL REPORTING REQUIREMENT:
There were no records of Annual Performance Reports being received by DWQ for this facility.
The following regulatory update (dated October 19, 1999) was mailed to all permittees, informing
them of House Bill 1160 (also know as the Clean Water Act of 1999).
This bill was ratified by the North Carolina General Assembly on July 20 and signed into law by
the Governor on July 21, 1999.
This legislation has placed significant, new reporting requirements on those entities that own
or operate wastewater treatment and collection systems.
This following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements.
SPILL NOTIFICATION:
SSOs (Sanitary Sewer Overflows):
One of the new requirements that became effective October 1, 1999 for all wastewater facilities
that collect or treat wastewater is that they must notify the public of wastewater spills.
Wastewater facility owners or operators must issue a press release after a discharge to surface
waters of 1,000 gallons within 48 hours of first knowledge of the spill by the owner/operator.
PRESS RELEASE:
The law requires that the press release must be issued to "all electronic and print news media
outlets that provide general coverage in the county where the discharge occurred."A copy of the
press release must be maintained for one year by the owner/operator. This press release is
required in addition to the permit requirement of contacting the North Carolina Division of
Water Quality (DWQ). A list of media outlets, sorted by County, and a sample press release are
available on the State's web site, for or your reference.
PUBLIC NOTICE:
If a discharge of 15,000 gallons or more reaches surface water, a public notice is required in
addition to the press release. The public notice must be placed in a newspaper having general
circulation in the County in which the discharge occurred and the county immediately downstream.
A sample public notice format is on the State's web site.
If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters, the DWQ
regional office must be contacted to determine in what additional counties, if any, a public
notice must be published. A copy of all public notices and proof of publication must be sent to
the DWQ to the attention of"NDCEU" at the letterhead address within 30 days of publication. A
sample public notice is available on the State's web site.
Page# 3

Permit: NCO072729 Owner-Facility: Mount Pisgah wWTP
Inspection Date: 08/19/2009 Inspection Type: Compliance Evaluation
The minimum content of the notice is the location of the discharge, estimated volume, water body
affected, steps taken to prevent future discharges and a phone number and contact name.
ANNUALREPORT:
Another new requirement is that 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 works' or collection system's performance over a
12 month period. .
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements.
The new law states the above mentioned report shall summarize the performance of the treatment
works or collection system and state the extent to which any terms of its permit, federal laws,
or any State laws, regulations or rules related to the protection of water quality have been
violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum,
the report contain the following information:
I. General Information
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s)
• Description of collection or treatment system or process
II. Performance
• Description of overall 12 month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions,
environmental regulations or environmental laws, including (but not limited to):
Permit Limit Violations
Monitoring and Reporting Violations
(Illegal) Bypass of treatment facilities*
Sanitary Sewer Overflows*
* Note estimated total monthly volumes and locations of events in which
more than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
• Statement as to how users or customers have been provided access to the report.
IV. Certification
• Statement by a responsible official certifying the report is accurate and complete.
Page# 4

Permit: NCO072729 Owner-Facility: Mount Pisgah VWVrP
inspection Date: 08/19/2009 Inspection Type: Compliance Evaluation
It shall be left to the individual applicable entities to decide both how much detail above
minimum they wish to provide in the report and how they will provide the report to their users
or customers. This law was established to provide a mechanism for public oversight(and
hopefully, to instill public confidence).
Those entities that fall under the scope of this part of the law are encouraged to be
forthcoming in their report and they should provide its readers a contact where they may view
more detailed information.
To satisfy the Departmental-reporting requirement, three copies of the report should be
submitted to the following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Annual reports must be submitted within 60 days of the end of the applicable 12-month review
period.
You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time
frame. Initial reports must be prepared and submitted for either the 1999 calendar year or the
2000 (beginning July 1, 1999)fiscal year.
As was noted at the beginning of this letter, there are several new reporting requirements as a
result of the Clean Water Act of 1999. As a stakeholder in environmental regulation, you are
encouraged to review the entire scope of the Act to see if other part apply to your operations.
A copy of the Act can be can be viewed on the North Carolina General Assembly's web site at
http://www.ncga.state.nc.uslhtmlI 999/bills/ratified/house/hbill 160.full.html.
If you have any questions, please contact your DWQ Regional Office or(919) 733-5083 ask for
the Non-Discharge Compliance and Enforcement Unit for the spill notice requirements or the Point
Source Compliance and Enforcement Unit for the Annual Report requirement.
ANNUAL REPORT DEADLINE:
PLEASE SUBMIT THE ANNUAL REPORT(TO THE ADDRESS ABOVE) FOR THE PAST FISCAL
YEAR (JULY 1, 2008 TO JUNE 30, 2009), BY SEPTEMBER 1, 2009.
INSPECTION SUMMARY:
The ORC, Mr. Henry Keefer, Jr., assisted with the inspection.
The WWTP appears to be well operated and maintained. The ORC is doing a good job.
Page# 5

Permit: NCO072729 Owner-Facility: Mount Pisgah WVVFP
Inspection Date: 08/19/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ■ n n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? ■ n n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment: Quarterly (August, November, February and May)Toxicilty testing:
Chronic pass/fail @ 25%
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 n
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment: The two existing surface aerators are no longer in operation and were
replaced with diffusers.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? n n ■ n
Is the site free of weir blockage? n n ■ n
Is the site free of evidence of short-circuiting? ■ ❑ n n
r'
Is scum removal adequate? n n ■ n
Page# 6

Permit: NCO072729 Owner-Facility: Mount Pisgah WWfP
inspection Date: 08/19/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of excessive floating sludge? ■ n Cl n
Is the drive unit operational? n n ■ Cl
Is the return rate acceptable(low turbulence)? n n ■
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) n n ■ n
Comment: The"secondary clarifier" is actually a settling cell in the lagoon.
Approximately 18,000 gallons of sludge are pumped and removed annually.
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ■ n n n
(Sodium Hypochlorite) Is pump feed system operational? ■ n n (=1
Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ n n n
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Liquid
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 ■ ❑
Are tablet de-chlorinators operational? n n ■ n
Number of tubes in use?
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ■ n n n
Is the generator tested under load? ■ ❑ n n
Was generator tested&operational during the inspection? n ■ n n
Page# 7

Permit: NC0072729 Owner-Facility: Mount Pisgah WWTP
Inspection Date: 08/19/2009 Inspection Type: Compliance Evaluation
Standby Power Yes No NA NE
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ ❑
Is there an emergency agreement with a fuel vendor for extended run on back-up power? Q ❑ ■ ❑
Is the generator fuel level monitored? fl ❑ ❑
Comment: Fuel for the generator is maintained on-site. The generator self-tests
weekly.
Page# 8

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 21, 2009
Dr Richard Munger
28 Rhododendron Drive
Asheville, North Carolina 28805
Subject: Private Sewer Line
Homeland Park
Buncombe County
Dear Dr. Munger:
I appreciate your recent phone call. By now you have heard that a privately
owned sewer originating on Pine Cone Drive crossed through Homeland Park on its
way to connecting into sewers belonging to the Metropolitan Sewerage District of
Buncombe County (MSD). I was present the day that the route of the lower portion of
the line was established. The line definitely crosses your property and possibly passes
under the north corner of your house. Your own home may well tie into this private
sewer.
Given that your deed shows no easement for a private sewer, the sewer conveys
with the property and you have some possible maintenance obligation toward the line.
Your obligation is increased if the line serves your own home. Beyond your
maintenance obligation, under State law you cannot modify the line without first
applying for and receiving a permit from the North Carolina Environmental Management
Commission.
The MSD has a very generous program under which they will take over
maintenance responsibility of a private sewer if owners of the property that the sewer
crosses sign the MSD's "Agreement to Convey Right-of-Way". For your benefit I am
attaching a copy of the MSD document. I encourage you to sign this Agreement. After
all property owners sign the Agreement, experience tells me that you will not see the
MSD on your property unless a problem develops with the sewer. You will get better
information regarding the MSD`s implementation of this program by calling Mike Butler
at 828-225-8265.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org �aturRllt�
An Equal Opportunity\Affirmative Action Employer

August 21, 2009
Page 2 of 2
I know of no one who regretted signing the MSD's Right-of-Way Agreement. It
only makes good sense to involve the MSD in maintenance of a private sewer on your
property; otherwise maintenance responsibility falls upon the users of the sewer and the
owners of the property crossed by the sewer. If you will return the signed Agreement to
me I will make certain that it gets into the proper hands. Do not hesitate to call me at
828-296-4659 should you wish to discuss this matter.
Sincerely,
Roy M. Davis
Environmental Engineer.
Xc: Mike Butler, MSD
GAWPDATATEMWMBuncombe\Pine Cone Drive.09.doc

Agreement to Convey Right-of-Way
PAGE 1 of 2
General Manager
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, N.C. 28804
Dear Sir:
In consideration of the Metropolitan Sewerage District's (hereinafter "District")
agreeing to take over and rehabilitate the collector sewer system serving my
property located at the
undersigned hereby agrees to grant to the District, at no cost, an easement of
sufficient width and appropriate location to rehabilitate the collector sewer system
serving my property, to permanently locate a portion of the collector sewer on my
property and to operate and maintain the rehabilitated collector sewer system.
I understand that the width and location of the easement shall be determined in
the sole discretion of the District, but that my input, as well as the input of other
property owners who are a part of this project, will be considered in determining
the location of the easement.
I understand that the District, or its agent, shall have the right to enter upon my
property for the purpose of selecting and surveying a route for the proposed
easement and for surveying any monuments required to establish property lines
accurately for easement acquisition. I understand that any District employee, or
its agent, and equipment shall have the right to enter upon my property for the
purpose of performing limited emergency repair or maintenance activities on the
common portion of the existing system.
I understand that the sewer system serving my property is unclaimed and will
remain as such until the District takes over the system following rehabilitation.
Any malfunction of this unclaimed sewer system that results in any damage to
my property is not the responsibility of the District.
By my signature and the signature of others holding an interest in this property
named above, I (We) hereby warrant and represent that we own this property in
fee simple and hereby agree to execute any and all documents necessary to
transfer the appropriate easements, as determined by the District, to the District
for the rehabilitation of the collector sewer system and the location of a portion of
the collector sewer system permanently on my property.
FEBRUARY 2007

Agreement to Convey Right-of-Way
PAGE 2 of 2
The undersigned hereby understand and acknowledge that the District's
obligation to rehabilitate the unclaimed collector sewer system servicing this
property is contingent upon the District obtaining satisfactory easements from
other property owners whose property the proposed collector sewer crosses. In
the event the District is unable to obtain satisfactory easements from other
property owners, the District shall have no obligation to rehabilitate the collector
sewer system.
DATE
PROPERTY OWNER (SEAL)
PROPERTY OWNER (SEAL)
FEBRUARY 2007

AZ4JL*)
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
August 21, 2009
Bob B Leatherwood
Silver Bluff Village
100 Silver Bluff Drive
Canton, NC 28716 Subject: NOTICE OF VIOLATION
NOV-2009-LV-0393
Permit No. NCO033600
Pigeon Valley Rest Home -
Dear Mr. Leatherwood: Haywood County
A review of Pigeon Valley Rest Home's monitoring report for May 2009 showed the
followina violations:
Parameter Date Limit Value Reported Value Limit Type
BOD Concentration 05/27/09 45 mg/I 59.9 mg/I Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. The
reverse side of the relevant DMR required an adequate explanation for any and all violations. If an
explanation was provided, then it is not requested that a response be submitted. If an explanation
was not provided or should you have additional information concerning the violation(s), please
submit them to the attention of Wanda Frazier.
If missing data is available, please provide this data by re-submitting two copies of the
original DMR to Central Files (to the address provided on the DMR) and highlighting the additional
data and comments (such as, "Amended"). The Division of Water Quality may pursue enforcement
actions for this and any additional violation(s).
If violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional
information.
If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828-
296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
xc: Central Files /ARO Files Surface Water Protection Section
WAhCarolina
North Carolina Division of Water Quality 2090 US Hwy 70;Swannanoa,NC 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX[phone]

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
August 21, 2009
Ms. Terelle Beaver
Cherokee County Schools
911 Andrews Road
Murphy, NC 28906 Subject: NOTICE OF VIOLATION
NOV-2009-MV-0135
Permit number: NCO035386
Hiwassee Dam School
Dear Ms. Beaver: Cherokee County
A review of Hiwassee Dam School's monitoring report for May 2009 showed the following
violations:
Parameter Date Measuring Frequency Violation
Total Residual Chlorine Week of April 26-May 2 Twice weekly Failure to
monitor
Remedial actions, if not already implemented, should be taken to correct any problem. The
reverse side of the relevant DMR required an adequate explanation for any and all violations. If an
explanation was provided, then it is not requested that a response be submitted. If an explanation
was not provided or should you have additional information concerning the violation(s), please
submit them to the attention of Wanda Frazier.
If missing data is available, please provide this data by re-submitting two copies of the
original DMR to Central Files (to the address provided on the DMR) and highlighting the additional
data and comments (such as, "Amended"). The Division of Water Quality may pursue enforcement
actions for this and any additional violation(s).
If violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional
information.
If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828-
296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
xc: Central Files /ARO Files Surface Water Protection Section NoLCarolina
NaturallIf
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa,NC 28778 Phone[phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX[phone]

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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
August 24, 2009
Rebecca L. Stewart
6 Briarwood Ln
Fletcher NC 28732
SUBJECT: Compliance Evaluation Inspection
6 Briarwood Lane
Permit No: NCG550387
Buncombe County
Dear Ms. Stewart:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on August 21, 2009. The facility appeared to be in Compliance
with permit NCG550387.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
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.ncwaterauality.org G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 Nahmall'y

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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
August 25, 2009
Lok King Kong
PO Box 756
Murphy,NC 28906
Subject: Request for More Information
401 Water Quality Certification
Kong-Tranquilichee River
DWQ Project# 08-1001v2
Cherokee County
Response deadline: September 30, 2009 or 30 days from receipt
Dear Mr. Kong:
'-'he Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide an inventory of impervious surfaces in each drainage area. The inventory should include
all proposed building footprints, roads, driveways, sidewalks, gravel-surfaced areas, amenity areas, etc.
A Stormwater Management Plan (SMP) must be provided for any drainage areas that exceed 24 percent
imperviousness. For each BMP, provide a completed BMP Supplement Form with all the required
items (see http://h2o.enr.state.nc.us/su/bmp forms.htm). Per NCAC 2B 15A: 02H.1000, a"drainage
area" is defined as "the entire area contributing surface runoff to a single point."
2. Please provide a site plan for the portion of the project that is adjacent to Highway 60. Please provide
an inventory of impervious surfaces for this part of the site per Item 1 above.
3. Please provide information on the purpose and design of the pond that is proposed on lots 92, 93 and 63
as well as the pond on lots 60, 103 and 105.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorthCarolina
An Equal Opportunity\Affirmative Action Employer ;V4dU1rJq11Y

Kong
August 25,2009
Page 2 of 2
Please provide your response in writing to the addresses below prior to September 30, 2009 or 30 days from
receipt. Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: US Army Corps of Engineers Asheville Field Office-(E-copy)
David McHenry-North Carolina Wildlife Resources Commission-(E-Copy)
Cyndi Karoly-401 Permitting Unit
Cherokee County Planning
ARO File copy
Ronnie Dillbeck
PO Box 284
Franklin,NC 28744
G:\WPDATA\DEMWQ\Chcrokee\401s\08-1001 QKONGAddlnfo.doe
i

��l
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 25, 2009
Gregory Taveras, Manager Operations
K •T,.FFeldspar Corporation
PO Box 309
Spruce Tine NC 28777
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0742
Permit No.NCO000400
Imerys Ceramics
K.-T Feldspar Corp-Spruce Pine
Mitchell County
Dear Mr Taveras:
A review has been conducted of K-T Feldspar Corp-Spruce Pine's self reported
Bypass/Overflow 5-Day Report submitted by Peggy Dortch for the facility. This review has
shown the subject facility to be in violation of the requirements found in NPDES Permit
NC0000400 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation
Type
Bypass/Overflow 08/05/2009 Wastewater Bypass/Overflow Discharge
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 Keith Haynes of this Office at 828-296-4500.
Sincerely,
e z��Ztja
Roger C. Edwards
Surface Water Protection Section Supervisor
Asheville Region
Xc: Central 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 NorthCaro/l/ina
Internet:www.ncwaterauality.org ;V tumllly

% ��
ice_,

��•�j
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 25, 2009
Mr. Barrett L. Kays, Ph.D.
Landis, Inc.
P.O. Box 30069
Raleigh,NC 27622
Subject: Stream Determination
Haywood Community College, Site of New Creative Arts Center
Haywood County
Dear Mr. Kays:
The Division of Water Quality (DWQ) staff(Kevin Barnett and Susan Wilson)met with you and Ms. Lori
leckwith, Army Corp of Engineers, on August 5, 2009 to perform a stream determination at the site of the
proposed Creative Arts Center. Mr. David McHenry, Wildlife Resources Commission, was also present during
the site visit.
As noted in your documentation (Stream Identification Forms) and confirmed on site by Mr. Barnett and Ms.
Beckwith, no stream is present in the area of the interest.
Should you have further questions about this determination, please call Mr. Barnett or me at(828) 296—4500.
Sincerely,
Susan A. Wilson
Environmental Engineer
Cc: Lori Beckwith, ACOE
Haywood County Planning
ARO Files
G:\WPDATA\DEMWQ\Haywood\Stream ID's\Haywood Comm Coll stream ID.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet:www.ncwaterquality.org NorthCarolina
Naturallil
An Equal Opportunity 1 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
August 25, 2009
David J. Burtt
105 Lighthouse Drive
Jupiter Inlet, Florida 33469
Subject: Reissued-Activities Deemed Certified
Burtt Property Access
DWQ Project# 2009-0652
Caldwell County
Catawba/New Years Creek/ 11-38-5-2/C, Tr
Dear Mr. Burtt:
The Division of Water Quality (Division) has completed the review of the modification request for the 401
Water Quality Certification application associated with the project listed above.
has been determined that the subject project remains under the threshold at 130 feet of impacts and does not
require written concurrence from the Division and is therefore deemed certified. This letter of Deemed
Certification replaces the July 30, 2009 letter. If the conditions required by Water Quality Certification No.
3705 are followed (located at http://h2o.enr.state.nc.us/ncwetlands/rd wetlands certifications.htm). In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before proceeding
with the project, including (but not limited to) Erosion and Sediment Control regulations.
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4653.
Sincerely,
Roger Edwards
Regional Office Supervisor, Surface Water Protection Section
cc: USACE Asheville Regulatory Field Office—Electronic Copy
Wildlife Resources Commission—Ron Linville—Electronic Copy
401 Permitting Unit—Central Office—Electronic Copy
ARO File Copy
GAWPDATA\DEMWQ\Caldwell\401 s\09-0652.BURTT(Reissue)DeemedCertified.doc
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
An Equal Opportunity\Affirmative Action Employer

SOC PRIORITY PROJECT: Yes _x_No
IF YES, SOC NUMBER:
TO: Bob Guerra
DWQ Point Source Compliance
FROM: Wanda Frazier
RE: 2010 Catawba River Basin Permit Renewals
DATE: August 26, 2009
NPDES STAFF REPORT AND RECOMMENDATION
BURKE COUNTY
PERMIT NUMBER: NC0060194
PART I - GENERAL INFORMATION
1. Facility: City of Morganton
Catawba River Water Treatment Plant
Mailing: PO Box 3448
Morganton, NC 28680
2. Date of Investigation: August 26, 2009
3. Report Prepared By: Wanda Frazier
4. Persons Contacted: Donald Danford,
Director, Water Resources Department
Jason Green
Superintendent, Water Treatment Plant
Telephone Numbers: 828-438-5285 and 828-524-1460
5. Directions to Site: From the intersection of US Hwy 70 (Carbon City
Road) & NCSR 1202 (Poplar Street), west of Morganton,
travel north on NCSR 1202 — 0.1 mile. Turn right onto
Coulter Street. The Water Plant is located at the end of
the street.
6. Discharge Point(s), List for all discharge points:
Latitude: 35° 44' 22" Longitude: 81' 43' 45"
The DWQ file, USGS map extract, indicates treatment facility site and discharge point.
USGS Quad No.: E 12 NW USGS Quad Name:
-1-

7. Site size and expansion area consistent with application?
_x Yes No If No, explain:
8. Topography (relationship to flood plain included): Relatively flat and adjacent to the
Catawba River. The 200-year flood event, which occurred in 2004, did NOT
impact this site. The flood waters were still 200-300 yards away.
9. Location of nearest dwelling: 30 feet from the gate and on western side of plant site
10. Receiving stream or affected surface waters: Catawba River
a. Stream Classification: WS-IV Critical Area
b. River Basin: Catawba
C. Subbasin No.: 03-08-30
d. Describe receiving stream features and pertinent downstream uses:
Water Supply IV, within the critical area
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted MGD (Ultimate Design Capacity). n/a
b. What is the current permitted capacity of the Wastewater Treatment facility? n/a
C. Actual treatment capacity of the current facility (current design capacity): n/a
d. Date(s) and construction activities allowed by previous Authorizations to Construct
issued in the previous two years: n/a
e. Please provide a description of existing or substantially constructed wastewater
treatment facilities:
The conventional water plant treatment includes: coagulation, flocculation
and sedimentation, followed by filtration and disinfection, utililizing poly-
aluminum chloride, caustic soda and sodium hypochlorite.
The filter backwash wastewater goes to the Backwash Water Tank. This
tank is then drained to the City of Morganton's Catawba River WWTP by way
of the sanitary sewer system.
When sedimentation basins are cleaned, the resulting solids go to the
Solids Holding Tank where they settle for 24 hours. This tank is decanted
and the supernatant is discharged to the City of Morganton's Catawba River
-2-

WWTP by way of the sanitary sewer system.
The settled solids are pumped, using the Sand Piper Pump (solids-
handling), to the Solids Holding Tank, located outside of the Belt Press
Building, for processing. After the Belt Press has processed the solids, the
conveyor belt fills the dump truck with filter cake, for disposal at a state-
certified landfill for disposal.
They are currently utilizing the FootHills Environmental Landfill, which is
located at 2800 Cheraw Road in Lenoir, NC.
The wastewater removed using the filter belt press is also discharged to the
City of Morganton's Catawba River WWTP by way of the sanitary sewer
system.
f. Please provide a description of proposed wastewater treatment facilities: n/a
g. Possible toxic impacts to surface waters: none
h. Pretreatment Program (POTWs only): n/a
in development approved
should be required not needed
2. Residuals handling and utilization/disposal scheme:
a. If residuals are being land applied, please specify: n/a
DWQ Permit Number:
Residuals Contractor:
Telephone Number:
b. Residuals stabilization: PSRP PFRP OTHER n/a
C. Landfill: FootHills Environmental Landfill, which is located at:
2800 Cheraw Road in Lenoir, NC.
d. Other disposal / utilization scheme (specify): none
3. Treatment plant classification (attach completed rating sheet): Physical Chemical 1
4. SIC Codes(s): water plant filter backwash
Primary: Secondary:
Main Treatment Unit Code:
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds or are any public monies
involved. (municipals only)? n/a
-3-

2. Special monitoring or limitations (including toxicity) requests: noi.
3. Important SOC, JOC, or Compliance Schedule dates: n/a
Dates:
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Alternative Analysis Evaluation:
Has the facility evaluated all of the non-discharge options available?
Please provide regional perspective for each option evaluated.
Spray Irrigation: n/a
Connection to Regional Sewer System:
The water plant currently discharges the filter backwash wastewater to the
City of Morganton's sanitary sewer system, for eventual treatment at the
Catawba River Wastewater Treatment Plant (NC0026573).
Subsurface: n/a
Other disposal options: n/a
5. Other Special Items: none
PART IV - EVALUATION AND RECOMMENDATIONS
The staff of the Asheville Regional Office requests that this permit be renewed and
continue to remain on an "inactive" status, due to the City's permanent
disconnection of the discharge pipe to the Catawba River.
Wanda P. Frazier
Report Preparer
Roger C. Edwards 1,v
Water Quality Regional Supervisor
August 26, 2009
Date
-4-

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 27, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9487
Grego y `I'averas, Manager Operations
Imerys Ceramics
K T Feldspar Corporation
PO Lox 309
Spruce Pine NC 28777
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR
ENFORCEMENT
NOV-2009-PC-0746
Permit No.NCO000400
K-T Feldspar Corp-Spruce Pine
Mitchell County
Dear Mr. Tavera.s:
A review has been conducted of K-T Feldspar-Spruce Pine's self reported
Bypass/Overflow 5-Day Report submitted by Peggy Dortch, EHS Manager, of K T Feldspar
Corporation. This review has shown the subject facility to be in violation of the requirements
found in NPDES Permit NCO000400 and/or North Carolina General State (NCGS) 143-
215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation
Type
Bypass/Overflow August 17,2009 Bypass of treatment- Discharge
wastewater overflow Without Valid
Permit
If they have not already been completed, remedial actions should be taken to correct this
problem. The Division of Water Quality is planning on initiating an enforcement°action for this
and any additional violations of State law.
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.ncwaterouality.org naturally

Please be advised that this Office is considering sending a recommendation for an
enforcement action to the Director of the Division of Water Quality regarding this matter and any
future/continued violations that may occur. This violation and any future violations are subject
to a civil penalty assessment of up to $25,000.00 per day for each violation as allowed by NCGS
143-215.6A(a)(2).
This Office requests that you respond in writing within 15 (fifteen) days of receipt of this
Notice. In this response, you should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations. Your response should be sent to the attention of
Keith Haynes,Division of Water Quality,2009 US HWY 70,Swannanoa,NC 28778. Your
required response will be considered prior to initiating any enforcement recommendation.
If you have any question regarding matter or any related matters, please do not hesitate to
contact Keith Haynes at 828-296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Asheville Regional Office
Cc: Central Files

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 27,2009
Mr. Robert L. Sain
MACTEC Engineering and Consulting, Inc.
1308 Patton Avenue
Asheville,NC 28806
Subject: Activities Deemed Certified
Wellington Park, Mobile Home Additions Part II
DWQ Project#09-0770
Buncombe County
Dear Mr. Sain:
The Division of Water Quality(Division)has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
It has been determined that the subject project does not require written concurrence from the Division and is
deemed certified, if the conditions required by Water Quality Certification No. 3705 are followed(attached). In
addition,M Realty, LLC should obtain or otherwise comply with any other required federal, state or local
permits before proceeding with the project, including(but not limited to)Erosion and Sediment Control
regulations.
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office at(828)296-4665.
Sincerely,
Ai�;,tA
Roger C. Edwards
Regional Office Supervisor, Surface Water Protection Section
w/attachment
cc: USACE Asheville Regulatory Field Office
M Realty, LLC, George W. Morosani &Associates (e-copy)
401 Permitting Unit—Central Office (e-copy)
ARO File Copy
G:\WPDATA\DEMWQ\Buncombe\401s\Wellington Park MHP\Wellington Deemed Certified 09-0770 August 26 2009.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Nort f,/
hCarolliina
Internet:www.ncwaterquaiity.org ;V dural!
An Equal Opportunity\Affirmative Action Employer i/

AAl"
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 27, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9470
C7regory Taveras, Manager Operations
Imerys Ceramics
K.T Feldspar Corporation
PO Box 309
Spruce Pine NC: 28777
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR
ENFORCEMENT
NOV-2009-DV-0245
Permit No.NC0000400
K-"1'Feldspar Corp-Spruce Pine
Mitchell County
Dear Mr. Taveras:
A review has been conducted of K-T Feldspar-Spruce Pine's self reported
Bypass/Overflow 5-Day Report submitted by Peggy Dortch, EHS Manager, of K T Feldspar
Corporation. This review has shown the subject facility to be in violation of the requirements
found in NPDES Permit NCO000400 and/or North Carolina General State (NCGS) 143-
215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation
Type
Bypass/Overflow August 13,2009 Bypass of treatment- Discharge
wastewater overflow Without Valid
Permit
If they have not already been completed, remedial actions should be taken to correct this
problem. The Division of Water Quality is planning on initiating an enforcement action for this
and any additional violations of State law.
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 ag�ul��/�
Internet:www.ncwaterguality.org �I Y

Please be advised that this Office is considering sending a recommendation for an
enforcement action to the Director of the Division of Water Quality regarding this matter and any
future/continued violations that may occur. This violation and any future violations are subject
to a civil penalty assessment of up to $25,000.00 per day for each violation as allowed by NCGS
143-215.6A(a)(2).
This Office requests that you respond in writing within 15 (fifteen) days of receipt of this
Notice. In this response, you should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations. Your response should be sent to the attention of
Keith Haynes, Division of Water Quality,2009 US HWY 70,Swannanoa, NC 28778. Your
required response will be considered prior to initiating any enforcement recommendation.
If you have any question regarding matter or any related matters, please do not hesitate to
contact Keith Haynes at 828-296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Asheville Regional Office
Cc: Central Files

ki
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 27, 2009
Mr. David Lutz, Public Services Director
City of Brevard
95 West Main Street
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
Permit No. WQCS00084
City of Brevard
Brevard Collection System
Transylvania County
Dear Mr. Lutz:
A review has been conducted of the City of Brevard's Collection System self
reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the
subject facility to be in violation of the requirements found in the City of Brevard
Collection System Permit (WQCS00084) and/or G.S. 143-215.1(a)(1). The violation is
summarized below:
NOV# Violation Location Cause Volume
Date
NOV-2009-DV-0247 05/26/2009 Manhole at Brevard Roots 5,000
College Campus gallons
The Division of Water Quality may pursue enforcement action for this and any
additional violations of State law. Factors considered in determining the amount of the
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,5wannanoa,North Carolina 28778 Noi Marolina
Phone:[phone]%FAX:[phone] Customer Service:1-877-623-6748 �gturq���
Internet: www.ncwaterquaiity.org
An Equal Opportunity 1 Affirmative Action Employer

Mr.David Lutz
August 27, 2009
Page 2 of 2
civil penalty are the violator's spill history, the cost of rectifying the damage, whether the spill was
intentional and whether money was saved by non-compliance.
If you have any question regarding this NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-
296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Central Files
Roy Davis
G:\WPDATA\DEMWQ\Transylvania\Brevard Collection System\NOV-2009-DV-0247.doc

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 28, 2009
Buncombe County
DWQ Project 20090838
Bridge 134, B-4034
NC Highway 151
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J.Thorpe,Ph.D.
Environmental Management Director, PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,North Carolina,28699-1548
lar Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts in Stony Fork Creek and
in an unnamed tributary to Stony Fork Creek for the purpose of replacing the existing bridge across Stony Fork Creek on
NC Highway 151 in Buncombe County:
Stream Impacts in the French Broad River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Impacts in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft) (linear ft linear ft (linear ft) (linear ft)
Site 1 0 0 375 0 375 375
Site 2 0 0 64 0 64 0
Total 0 1 0 1 439 0 439 375
Total Permanent Stream Impacts for Project: 439 linear feet.
'_,RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:: www.nGwaterquality.org
FAX:
.or 299-70431 Customer Service:1-877 623-6748 �atura!!�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Dr. Greg Thorpe, Ph.D.
August 28, 2009
Page Two
Open Water Impacts and In The French Broad River Basin
Site Permanent Fill Temporary Fill in Total Fill in Open Waters
in Open Waters Open Waters (ac) (ac)
(ac)
Site 3 <0.01 0 <0.01
Total <0.01 0 1.01
Total Open Water Impact for Project: <0.01acres.
The project should be constructed in accordance with your application dated July 29, 2009 (received August 4, 2009),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Nos. 3704,corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 31. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to
trout waters. However,due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a)
regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas,and should be secured in place with staples and wherever possible, include live
stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope
of stream bank. \

Thorpe, Ph.D.
28, 2009
Three
3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
4. Compensatory mitigation for impacts to 375 linear feet of streams is required. We understand that you have chosen to
perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement
Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter
dated May 12, 2009 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22,
2003 and the Dual-Party MOA signed on April 12,2004.
5. NCDOT shall comply with the in-stream moratoriums requested by the NC Wildlife Resources Commission.
6. If multiple pipes or barrels are required, that shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
7. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams,and
wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
8. Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to diverting water
into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization
shall be limited to native riparian vegetation, and should be include establishment of a vegetated buffer on both sides
of the relocated channel to the maximum extent practical. Also, rip-rap may be allowed if it is necessary to maintain
the physical integrity of the stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be
necessary to relocate stranded fish to the new channel to prevent fish kills.
9. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
10. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ.
12. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
13. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured,treated and disposed of properly.
14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
All bridge construction shall be performed form the existing bridge, temporary work bridges, temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.

Dr. Greg Thorpe,Ph.D.
August 28, 2009
Page Four
16. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW) or Water Supply I or II(WS-I, WS-II), stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to
discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
17. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
18. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
19. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
20. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
21. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
22. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials.
23. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited. '
25. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
26. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
27. 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.
28. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
29. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
30. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
31. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
32. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
33. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.

Thorpe,Ph.D.
28,2009
5
34. 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 theright 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
l 50B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE,Asheville Field Office
J.J. Swain, Division 12 Engineer
Roger Bryan, Division 12 DEO
Ed Ingle, Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
090838(Thorpe)Bridge No. 134 NC Highway 151

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J.

s w&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
August'28, 2009
Eric Rufa
Town of Fletcher
4005 Hendersonville Road
Fletcher,NC 28732
Subject: 401 Water Quality Certification -Approval
Cane Creek Greenway Enhancement
DWQ Project#20030618V2
Henderson County
Fr1302/Cane Creek/6-57-(9)/C
Dear Mr. Rufa:
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 100 feet of streams for the purpose of stream
enhancement 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 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 I 100 (feet) Sheets 2 - 6
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 e
�ri Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1� t�1CaPO.hllc�l
Internet:www.ncwaterquality.org
1�Tirtur !!
An Equal Opportunity 1 Affirmative Action Employer

Eric Rufa
August 28,2009
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerel ,
oleen H. Sul ins,, Director
CHSlcbc
Enc: GC3689
Certificate of Completion
i
cc: USACE Asheville Regulatory Field Office (e-copy)
401 Permitting Unit-Central Office (e-copy)
Andrew Bick(e-copy)
File Copy
G:\WPDATA\DEMWQ\Henderson\401s\Cane creek Greenway\03-0618V2_Approval_8-27-09.doc

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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
August 28, 2009
Mr. David Lutz, Public Services Director
City of Brevard
95 West Main Street
Brevard, North Carolina 28712
Subject: NOTICE OF VIOLATION
Permit No. WQCS00084
City of Brevard
Brevard Collection System
Transylvania County
Dear Mr. Lutz:
A review has been conducted of the City of Brevard's Collection System self reported Sanitary
Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of
the requirements found in the City of Brevard Collection System Permit (WQCS00084) and/or G.S.
143-215.1(a)(1). The violation is summarized below:
NOV# Violation Location Cause Volume
Date
NOV-2009-DV-0248 05/27/2009 Neely Road Pump 1 / 1 22,800
Station gallons
Completion of the Gallimore Road Pump Station force main gives the City the ability to move a
greater volume of wastewater further downstream within the collection system. Heavy rainfall may
have revealed the presence of a system bottleneck further downstream. Several manholes between
the point of discharge from the Gallimore Road Pump Station force main and the Neely Road Pump
Station overflowed.
Ideas which occur to us which the City should consider in order to remove this apparent bottle
neck include increasing the Neely Road Pump Station pumping capacity, increasing the capacity of
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No thCariolina.
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Naha
rally
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Mr.David Lutz
August 28, 2009
Page 2 of 2
the gravity system connecting the Gallimore Road Pump Station force main discharge point and the
Neely Road Pump Station and/or extension of the Gallimore Road Pump Station force main to a
point further down the system. Continuing to aggressively remove Infiltration & Inflow remains very
important. The City of Brevard is looking into the possibility of operating both pumps at the Neely
Road Pump Station. We would be interested in knowing where the City stands with this project.
Repeated overflows from the same location for the same reason will assuredly result in the
assessment of Civil Penalties against the City. If you believe that a new collection system bottleneck
has been revealed which cannot be quickly corrected, we encourage you to consider entering into a
new Special order by Consent with the North Carolina Environment Management Commission
obligating the City of Brevard to carry out any necessary construction in accordance with an agreed
upon time schedule. As you know from past experience such a document protects the City from civil
penalties for overflows agreed to in the Special Order.
We would like to know your impression as to whether the City has a new collection system
bottleneck to contend with and, if so, what course of action the City is considering. We look forward
to hearing from you within thirty days from date of receipt of this letter. The Division of Water Quality
may pursue enforcement action for this and any additional violations of State law. Factors
considered in determining the amount of the civil penalty are the violator's spill history, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-
compliance.
If you have any question regarding this NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-
296-4669.
Sincerer ,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Central Files
Roy Davis
G:\WPDATA\DEMWQ\Transylvania\Brevard Collection System\NOV-2009-DV-0248.doc

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
August 31, 2009
Stan Bryson
Tuckaseigee Water & Sewer Authority
PO Box 1051
Sylva, NC 28779
SUBJECT: Letter of August 19, 2009
Whittier WWTP
NPDES Permit NCO087602
Jackson County
Dear Mr. Bryson:
This Office is in receipt of your letter dated August 17, 2009 regarding a discharge
of river water from the Whittier Sanitary District WWTP, of which your are the Operator in
Responsible Charge. The river water had been used to check the plant for leaks and
contained no sewage. Even though this water was treated in the plant as normal
wastewater before being discharged, a DMR submittal for the month of August is not
required.
If you or TWSA staff has any questions regarding this matter, please do not
hesitate to contact Keith Haynes of this Office at 296-4500.
Sincerely,
y�
Roger C. Edwards Regional Supervisor g g pe sor
Surface Water Protection Section
cc: Joe Cline
c:s:SVv'r'DATAtDEr,,1tV0,;Jac.kson\8i6,02 Whi{tiei Sx tatk Dstric.N) Riettei-doC
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOrthCarOhria
Phone:[phone]FAX:[phone]Customer Service: 1-877-623-6748 /
Internet:www.ncwaterouality.org �a&A&g11Y

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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
August 31, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mountain Development Company, LLC Seven Falls, LLC
Attn: Keith Vinson Attn: NP Corpserve NC, LLC (registered
32 Orange Street agent)
Asheville,NC 28801 701 Green Valley Rd., Ste. 100
Return Receipt#: 70071490000407137536 Greensboro NC 27408
Return Receipt#: 70071490000407137574
Mountain Development Company, LLC
Attn: Jason Pelz (registered agent) Seven Falls, LLC
138 Charlotte Street, Ste. 200 Attn: William Griffon & Keith Vinson
Asheville,NC 28801 39 Pleasant Grove Church Rd.
Return Receipt#: 70071490000407137543 Hendersonville,NC 28739
Return Receipt#: 70071490000407137581
Seven Falls, LLC
Attn: Keith Vinson Zeus Investments, LLC
32 Orange Street Attn: Raymond Chapman (registered agent)
Asheville,NC 28803 32 Orange Street
Return Receipt#: 70071490000407137550 Asheville,NC 28803
Return Receipt#: 70071490000407137598
Mountain Development Company, LLC
Attn: Keith Vinson
130 S. Main Street
Hendersonville,NC 28791
Return Receipt#: 70071490000407137567
SUBJECT: NOTICE OF CONTINUING VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Seven Falls Golf&River Club
Project#20071505
DWQ Tracking Number: NCR001043
NOV-2009-PC-0130
Construction Stormwater Permit NCGO10000
Stream Standard Violation- Other Waste (In-stream sediment)
401 Water Quality Certification(WQC) Conditions
Removal of Best Usage
Henderson County
Response deadline: September 16, 2009
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One Intemet:www.ncwateiquality.org NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer
al�rCl

Keith Vinson et al.
August 31,2009
Page 2 of 6
Dear Mr. Vinson et al.:
On January 14, 2009, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at the Seven Falls Golf"& River Club on
Pleasant Grove Road in Henderson County. Ms. Amanda Jones (US Army Corps of Engineers),
Bryan Tompkins (US Fish and Wildlife Service) and Tim Fox (Henderson County Erosion
Control) were present.
Mr. Cranford revisited the site on April 9, 2009 accompanied by Ms. Anna Salzberg (Clearwater
Environmental)to assess the extent of impacts to surface waters and again on July 20, 2009 with
Tim Fox.
Violations of 401 WQC conditions, Construction Stormwater Permit conditions and Stream
Standards were noted during the inspection and file review. The discharge of sediment and fill
materials to Folly and Little Willow Creeks and certain tributaries thereof—classified as C
waters—were documented.
VIOLATIONS
I. Construction Stormwater Permit NCG010000 -This permit applies to projects that
receive a Division of Land Resources (DLR) or local delegated program disturbance of 1
acre or greater. Specifically,the NCGO10000 Permit authorizes discharge of stormwater
under the National Pollutant Discharge Elimination System(NPDES) in accordance with
Title 15 A North Carolina Administrative Code 2H.0100.
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain
Stormwater controls to optimum efficiency, as cited in Henderson County Erosion
Control Division Notices of Violation dated January 7, 2009, May 11, 2009 and
June 8, 2009,represents a violation of NCGO10000 Permit.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No. 2) Failure to follow the approved Erosion Control Plan, as cited in Henderson
County Erosion Control Division Notices of Violation dated January 7, 2009,May
11,2009 and June 8, 2009, represents a violation of NCGO10000 Permit.
c. Twenty-Four Hour Reporting (Part IL Section E.No. 3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 3,500 feet of Folly Creek and certain tributaries thereof was impacted by
sediment deposition of varying depth within numerous stream reaches,representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
III. 401 Water Quality Certification Conditions Violations -DWQ issued an approval letter
for project impacts on September 24, 2008, for Project 07-1505 Version 2. The approval
letter specifies that the activities must follow the conditions listed in the WQC.
The site was found to be non-compliant with the following certification conditions:

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e
a. Condition 1 —Impacts Approved
■ Impacts outside of the approved amount have occurred
b. Condition 2—Sediment and Erosion Control
■ Sediment and erosion control practices have been found to be non-
compliant
c. Condition 3 —No waste or fill impacts beyond those in the certification
® Waste and fill has impacted surface waters beyond those depicted in the
approved certification
d. Condition 3 —No violations of State water quality standards
■ Violations of State water quality standards have occurred
e. Condition 4— Sediment and Erosion Control Measures shall not be placed in waters
■ Sediment and erosion control measures have been constructed in waters
f. Condition 6—Mitigation
■ Agreed upon mitigation requirements have not been met; including,the
non-payment of$697,932 to the North Carolina Ecosystem
Enhancement Program.
IV. Removal of Best Usage—15A NCAC 02B.0211 (2)—Greater than 500 feet of Folly Creels
and tributaries—classified as C waters—was impacted by grading in the stream channel
and fill,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211
(2)•
REQUIRED RESPONSE
This office requests that you respond in writing by the deadline in the subject line of this notice.
Your response should be sent to the attention of Mr. Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh,NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCGO10000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
e. Include in your response an explanation of how you propose to prevent the
problems listed above from reoccurring on this project and on future
projects.

Keith Vinson et al.
August 31,2009
Page 4 of 6
d. Minimum Monitoring and Record Keeping—The following bulleted list
provides guidance on how to conduct monitoring and record keeping
activities in such a way as to be compliant with the NCGO10000 Permit.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.
• Erosion and Sedimentation Control Facilities are to be inspected every week
and after each 1/2 inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.)to be inspected,the date and time
inspected,the initials of the inspector,whether the device is operating
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.
• Stormwater Discharge Outfalls are to be inspected every week and after
each 1/2 inch rain event. It is required to individually list each of the outfalls
to be inspected,the date and time inspected,the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
e. The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete. The Permittee may
authorize a representative to sign these documents(please see Part II Section B (10
b) of the NCGO10000 Permit for proper procedure).
II. Stream Standard - Other Waste (In-Stream Sediment) and 401 WQ Certification
a. Provide a map that exactly details the jurisdictional waters on the tract; including,
all impacts, both intentional and unintentional. Impacts must be clearly quantified
and mapped.
b. Submit a Sediment Removal Plan to this office for review and approval. The plan
must address removal of accumulated sediment from all surface waters on the tract
and be submitted to the Division of Water Quality for review and approval prior to
implementation. The Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A diagram of the stream channels, referenced with photo documentation of
sediment impacts prior to removal and following removal activities.

• 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. Submit a plan to remove any in-stream erosion and sedimentation control measures
and restore the stream channels (i.e.,pattern, dimension and profile). The plan must
be submitted to the Division of Water Quality for review and approval prior to
implementation.
d. Submit a plan to provide the required mitigation for impacts to waters as clearly
defined in the 401 WQC document.
e. A proposed timeline for all restoration activities must be provided.
f. The use of an environmental consultant experienced in stream restoration to assist
with development of the required planning, design and authorization necessary to
achieve compliance is highly encouraged. Chuck Cranford of the Asheville
Regional Office should be consulted for additional guidance.
g. Once the restoration efforts have been completed, a final report documenting the
results should be submitted to Chuck Cranford.
III. 401 Water Quality Certification Conditions Violations
a. Please explain how you will return the project to compliance with all 401 WQC
conditions.
The DWQ understands the United States Army Corps of Engineers (COE)has suspended
the 404 permit associated with this project pending full compensation for existing impacts.
The DWQ will be working in concert with the COE to meet the needs of both agencies.
IV. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Comply with II. a. above.
c. Please submit the following documents for review and approval:
• Stream Restoration Plan(stream channel grading and fill impacts)—Please
explain how you plan to restore the pattern,profile and dimension of the
impacted stream channels. The streambeds must be restored to the original
profile, the stream banks must be stabilized, and any fill material must be
removed from the riparian zone. Replanting of the riparian zone will be
required.
0 A proposed timeline for all restoration activities must be provided.

Keith Vinson et al.
August 31,2009
Page 6of6
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 Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Amanda Jones—USACE(e-copy)
C1earWater Environmental Consultants (e-copy)
Tim Fox—Henderson County Erosion Control (e-copy)
Henderson County Planning
DWQ Central Files
ARO File Copy
G:\WPDATA\DEMWQ\Henderson\Stonnwater Construction NCG01\SevenFalls-NCR001043\NOV-2009-PC-0130_Continuance_8-27-09.doc