DWR SWP Read File Archive August 2010

1
�A rA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Secretary
Governor
August 2, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7009 16$0 0000 7515 1307
Ronald G. Murphy
104 Lakewood Drive
Belmont,North Carolina 28012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7009 1680 0000 75151291
Carl Harrell
H & B Stone, LLC
Post Office Box 2536
Marion,North Carolina 28752
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Black Bear Mine
DWQ T racking Number: NCG020773
NOV-2010-WQ-0059
Stream Standard Violation - Other Waste (In-stream sediment)
Removal of Best Usage
Wetlands Standard Violation
McDowell County
Response deadline: August 18, 2010
Dear Messrs. Murphy and Harrell:
On July 22, 2010, Kevin Barnett from the Asheville Regional Office of the Division of Water
Quality (DWQ), along with Liz Hair of the US Army Corps of Engineers and David McHenry of
the North Carolina Wildlife Resources Commission conducted a site inspection for the Black Bear
Mine facility along Dales Creek (Class C) in McDowell County.
Stream and wetland standards violations were noted during the inspection and file review.
Sediment impacts to an un-named tributary to Dales Creek (Class C)were documented
constituting standard violations. It was determined that greater than 6 inches of sediment had been
released to an un-named tributary to Dales Creek from an unstable road and culvert crossing along
the access road to the mine site. Additionally, land grading has occurred around a brush burn pile
within a US Army Corps of Engineers mapped wetland, depositing ash and soil in the wetland
constitutes a wetland standard violation.
SURFACE WATER PROTECI,ION SE;T10N-ASHEVILLE REGIONAL OFFICE One 7
Location 2090 U S Highway 70.Swannanoa,North Carolina 28778 NorthCarollna
Phone [phone]".FAX [phone],43\Customer Servica 1-877-623-6748 N�turallff
Internet: wwwncwaterquality.org
Fai Equal(�pgor�ur:hy';'+H"ur<�2iis;etcbvn EmpiGyer

Black Bear Mine
August 2,2010
Page 2 of 3
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 100 feet of an un-named tributary to Dales Creek (Class C) was
impacted by sediment deposition up to 6 inches in depth, representing Water Quality
Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
II. Wetland Standard Violation - 15A NCAC 02B .0231 (b)—Fill material has been graded
/pushed into a US Army Corps delineated wetland on the property representing Water
Quality Wetlands Standards violation of 15A NCAC 02B .0231 (b).
REQUIRED RESPONSE
This Office requests that you respond in writing within fifteen (15) days of receipt of this Notice.
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. Stream Standard - Other Waste (In-Stream Sediment) and
Wetland Standard Violation - 15A NCAC 02B .0231 (b)
a. Please explain when access (road grading/culvert installation) and logging most
recently occurred at the site. \J
b. Please provide a map that exactly details the jurisdictional waters (streams and
wetlands) on the tract including the areas that have been impacted, both on and off
site.
e. 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 the un-named tributary to Dales Creek. This plan must
also include wetland restoration for the removal of all fill materials. The
Restoration Plan must be submitted to the Division of Water Quality for review and
approval prior to implementation. You are required 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.

pine
2,2010
_se 3 of 3
• A diagram of the stream channel the wetland, 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 Kevin Barnett.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Kevin Barnett at [phone].
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
Liz Hair, US Army Corps of Engineers
David McHenry, North Carolina Wildlife Resources Commission
Shawna Riddle, North Carolina Division of Land Resources
McDowell County Planning
S:\S WP\MCDowel I\401 s\Non-Do,r\B IaelcBearM ine\NOV201 OW 00059.doc

CQENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
August 2, 2010
Mr, J. J. Swain, Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-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 29, 2010, I inspected the construction work on the US Highway 19/19E Project in Madison and
Yancey Counties. Major grading, culvert work, bridgework and paving are underway along the entire length
of the project.
Please continue to ensure that all sediment and erosion control structures are maintained and seeding and
mulching.are performed as required to protect State surface waters. Also, please refer to the attac
hed
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
Mike Parker, Asheville Regional Office
us 19/191:JUIN,2010 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U S 70 Highway,Swannanca.NC 28778-8211
Phone [phone] FAX [phone] One
Custor-ier Service:1-877-623-6748 NorthCarolna
Internet www ncwaterguality.orq Nat*fzrallb
-.n E q-ial Opportunely 1 Affirmative Action Employer jjj

Q Site Visits for DOT Proiects
Field Sheet
DWQ representative: Mi cha�RPar�ker -� Date: JuIy 29,2010
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 Hip-hwav 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 Quality Concerns(DWQ):
X❑ Bridge X❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile X❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
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 =ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): [Creek
iddle Fork Creek, Bailey Branch,Turkey Branch, Polly Branch,
olland Creek, Ivy Gap Branch, Bald Creek, Price's Creek, Phipps
and Cane River
Basin/Subbasin: FBR 040304 and 040307
Wetland Type: ❑Isolated X]Non-Isolated (Waters of US)
Stream Class: ❑Class B ❑303d Listed XEIWS-II ❑WS-V ❑S13
X]Class C ❑ORW X]Trout ❑WS-III ❑NSW
X]HQW ❑WS-I ❑WS-1V ❑SA ❑CA
Type of Authorized Impact: X]Culvert ❑Bottomless Culvert
X]Bridge ❑Bottomless Arch
X[]Riprap Inlet/Outlet Stabilization X[]Fill
Authorized Wetland Impacts: DO— 1/10"'acre X]I/11d'to 1/3`d acre
X[]1/3 rd 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
I.Heavy grading, construction work and paving continues along the entire length of the project.
2.Several items were noted that needed attention such as sediment leaving the site in one location and
seeding and mulching need in a couple of other areas. Mr.Jody Lawrence was advised of these
areas of concern.
3.All sediment and erosion control basins should be inspected and cleaned out if needed. All silt
fences should inspected and checked for proper operation. All high visibility fencing should be
checked for proper installation.
4.All bare soil areas (both sides) where construction has not occurred for more than 15 days, should be
temporary seeded or mulched.
5.Please continue to ensure that all sediment and erosion control devices are maintained and working
properly.
6.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.
7. In-water Work Moratoriums reminder: _.i`
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 2010 Inspection us Hwy. 19/19E

NCD►ENf
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 2, 2010
Mr,J. J, Swain, Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-NC Highway 146
DWQ Project 07-0124
TIP No. R-2813 B
Buncombe County
Dear Mr. Swain:
On July 26,2010, I inspected the construction work on Interstate 26-NC Highway 146 project(Long Shoals
Road) in Buncombe County. Construction work on the Long Shoals Road bridge is complete and construction
of the 1-26 bridges are almost complete. Most of the remaining work is concentrated on the new 1-26 on and
off ramps and the new part of Long Shoals Road.
There were two problems noted during this month with turbid water reaching the French Broad River during a
heavy rain event on Sunday July 11, 2010 and the loss of sediment into a wetland area from the grading
operation at the 1-26 eastbound off ramp.
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, w
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Cole Hood, PE
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Swain)Interstate 26-NC 146 Inspection Letter March 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa.NC 28778-8211
Phone;828-296-4500't FAX:[phone] One
Customer Service.1-877-623-6748 North Carolina
Internet:www.ncwatergLialily.org NatB rallif
An 6�ual OPportunity.Affinnative Action Employer `�

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Date: Augu�2-210
County: I Buncombe Region: Asheville
DOT Division: , Division i3
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 07-0124V.5 NW Permit#: IP #:
Project Name: NC Hiahwav 146 Widening
Location of Project: NC Highway 146 Long Shoals Road
From west of NCSR 2501 to east of I-26 in Buncombe County
Project Complete: ❑Yes X No If no, estimated date of completion:
F7==
Activities(DOT): Water Quality Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap fi let/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ 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; X❑ yes ❑ no Estimate 0.40 acres
❑ Zone 1 Est Acres ❑ Zone 2 Est Acres
E:=
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/ acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): French Broad River and two unnamed tributaries to FBR.
Basin/Subbasin: FBR 040302
Wetland Type: ❑Isolated XDNon-Isolated (Waters of US)
Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB
XQClass C ❑ORW ❑Trout ❑WS-III ❑NSW
❑NQW ❑WS-1 ❑WS-fV ❑SA ❑CA
Type of Authorized Impact: XnCulvert ❑Bottomless Culvert
XOBridge ❑Bottomless Arch
X[]Riprap Inlet/Outlet Stabilization X[]Fill
Authorized Wetland Impacts: ❑0_ I/10`h acre XDI/I I"'to 1/3`d acre � �
X❑UP to 1.0 acre Q> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X[]> 150 linear feet
Additional comments: 0.38 acres of wetlands and 467 linear feet of stream mitigation through
EEP. On site stream relocation of 78 linear feet of ut to FBR at Site 2.
Bridge over French Broad River is complete. Both bridges on I-26 are almost complete.
Work is now underway paving the I-26 on and off ramps.
Two incidents occurred in July. On Sunday July 11, 2010,turbid water reached the French Broad River as the
result of a heavy rainstorm and an open storm drain and sediment has been lost to the wetland paralleling the I-
26 eastbound off ramp.
Please continue to maintain sediment and erosion control devices and continue with seeding and matting as
required.
1-26-NC 146 July 2010 Inspection Report

KC—DEN-ft
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves r'erdte Coleen H,Sullins Dee Freeman
Governor Director Secretary
August 2,2010
Ms. Jennifer Harrod, Envirornmental Specialist
NC Department of Transportation
Natural Environment Unit
Project Development and Envirormzental Analysis
1598 Mail Service Center
Raleigh,North Carolina 27699-1598
Subject: NCDOT TIP U-2551,Burke County
Unnamed tributaries to Hunting Creek in the Catawba River Basin, 030831,Class
WS-IV Waters
On-Site Determination for Applicability to the Mitigation Rules(15A NCAC 211 .0506(h)
Dear Ms. Harrod:
On May 19, 2010, I met with Mr.William Barrett of NCDOT's Natural Environment Unit, and conducted
an on-site determination to review drainage features located north and south of Interstate 40 near the
intersection of NCSR 1922 (Enola Road)for applicability to the mitigation rules(15A NCAC 211.
0506(h)). The following drainage features are approximated on the attached map initialed and dated July
3., 2010.
NCDWQ has determined that the stream features labeled as an unnamed tributary to Hunting Creek, in an
area between Government Road and hterstate 40,has been determined to be intermittent starting from a
point 60 linear feet above the culvert. The drainage feature that is greater than 60 linear feet above the
culvert has been determined to be ephemeral. Also,looking north at the project.the stream feature to the
right of the intermittent stream flowing from the north east has been determined to be perennial.
NCDWQ has determined that the stream features on the south side of Interstate 40 on the grounds of the
J. Iverson Riddle Development Center to be perennial.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not
approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts
to wetlands, streams and buffers must comply with the 404/401 regulations,water supply regulations
(15A NCAC 2B .0216), and any other required federal, state and local regulations.
The owner(or future owners) or permittee should notify NCDWQ(and other relevant agencies) of this
decision in any future correspondences concerning this propeilyy and/or project. This on-site
determination shall expire five (5)years from the date of this letter.
One
SURFACE WATER PR:)TEC?ION SECTION A he He Regional Office '
2090 U.S.Highway 70.Swannanoa,North Carolina?8778-8211 NortllC arolina
Phone:[phone] FAX:[phone] Vttlll"tZljlf
Customer Service''I-6,7-623-6748
Internet:www.fi:"Watera.uality.org
An Equal Oppor w dty APIlmnative Action Employer

Ms. Jennifer Harrod
August 2, 2010
Page Two
Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation rules may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Brian Wrenn, NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650, Individuals that dispute a determination by NCDWQ or Delegated Local Authority that
"exempts"a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party(including downstream and adjacent
landowners) is notified of this decision. NCDWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes
to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call me at 828-296-4500 or
email me at [e-mail].
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment:
cc: Lori Beckwith, USAGE—Asheville Regulatory Field Office
Transportation Permitting Unit
Mike Parker-ARO
Stream Call for U-2551,Burke County

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RUDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 2, 2010
Ms. Marisue Hilliard
USDA Forest Service
160 Zillicoa St., Suite A
Asheville,NC 28801
Subject: 401 Water Quality Certification - Approval
Wolf Branch Stream Stabilization Project
DWQ Project# 10-0517
Buncombe County
FRB02/ Baldwin Field Branch / 6-67-9 / B
Dear Ms. Hilliard:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
'Approval has been granted to place fill within or otherwise impact 112 feet of stream for the purpose of stream
stabilization/restoration at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (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.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone.[phone] FAX:[phone] Customer Service:1-877-623-6748 N ot-thCai'olina
Internet:www.ncwaterquatity org 'NatuNjrl f
An Equal Opporhmil,i Affirm�trve.4cttun Employer l Kl t IFL�/

Ms.Hilliard --_----
August 2,2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 112 (feet) B.3.e. of PCN and
supplement application
information
Additional Conditions
1. North Carolina Wildlife Resource Commission Comments—NC DWQ concurs with the
recommendations provided by the NC WRC in their letter dated July 6, 2010.
2. Work in the Dry— As specified in Condition 7 of Water Quality Certification 3689, work should be
conducted in the dry. Proper sequencing of the project and using temporary water diversion structures
may be necessary in order to comply with NC DWQ's instream standard for turbidity (50 NTUs for
Class B waters), reference 15 A NCAC 213 .0200.
3. Notification of Construction--The applicant and/or authorized agent shall contact Susan A. Wilson in
the Asheville Regional Office at [phone] three (3) days prior to the commencement of
construction.
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 withthe approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at(828) 296-4500.
Sincerely,
f
Coleen H. Sullins, Director
CHS/saw
Eric: GC3689
Certificate of Completion
cc: Tasha McCormick, USACE Asheville Regulatory Field Office
401 Permitting Unit- Central Office
ARO File Copy
SAS WP\Buncombe\401s\Non-DOT\Bent Creek-Wolf Branch project\APRVL.WoIf B ranch.08 2010.doc

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 2, 2010
Ms. Marisue Hilliard
USDA Forest Service
160 Zillicoa St., Suite A
Asheville, NC 28801
Subject: 401 Water Quality Certification - Approval
Baldwin Field Branch Stream Stabilization Project
DWQ Project # 10-0483
Buncombe County
FRB02 / Baldwin Field Branch/ 6-76-7-1 / C
Dear Ms. Hilliard:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 300 feet of stream for the purpose of stream
stabilization/restoration at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (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.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]',FAX:[phone] Customer Service 1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality on, ;Vaturallff
An Equal Opportun!iy', ffinnalivr A.:fior!-JITI0per

Ms.Hilliard
August 2,2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 300 (feet) 13.3.e. of PCN and
supplement application
information
Additional Conditions
1. North Carolina Wildlife Resource Commission Comments—NC DWQ concurs with the
recommendations provided by the NC WRC in their letter dated July 6, 2010.
2. Work in the Dry--As specified in Condition 7 of Water Quality Certification 3689, work should be
conducted in the dry. Proper sequencing of the project and using temporary water diversion structures
may be necessary in order to comply with NC DWQ's instream standard for turbidity (50 NTUs for
Class C waters), reference 15 A NCAC 213 .0200.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream ;
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at(828)296-4500.
Sincerely,
f L;
Coleen H. Sullins, Director
CHS/saw
Eric: GC3689
Certificate of Completion
cc: Tasha McCormick, USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
ARO File Copy
S:ASWP\Buncombe\401s\Non-DOT\Baldwin Field Br-USDA Forest Service stream stab\APRVL.Baldwin }Meld Branch.08 2010.doc ��

A"4",
RUNK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 2, 2010
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project 08-1754
TIP No. R-505
Henderson County
Dear Mr. Setzer:
On July 20, 2010, 1 inspected the construction work on US Highway 25 between Interstate 26 and NC
Highway 225 in Henderson County. Major grading and paving continue along the entire length of the project.
Review of the sediment and erosion control program found that additional attention is needed on some
structures. Please ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached copy of the
inspection report for additional comments regarding the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,xx-wzo�
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Lori Bechwith, USACE, Asheville Field Office..
Aaron Powell
Mark Davis, Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
US 25 Inspection Letter July 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway.Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 .NorthCarohna
Internet:www.nmaterguality.org
An EgUal Opportunity'.Affirmative action Employer

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: July 20,2010
County: ^Henderson Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1 NW Permit#:F —� IP#:
754
Project Name: U S Hiahwav 25-I-26 Connecto�R-505�����.�
Location of Project: US Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities (DOT): Water Quality Concerns(DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E & S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres ❑ Zone 2 Est Acres =
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: [—]yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation []Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Laurel Creek,Green River,Bat Fork,King Creek, Freeman Creek,
Lake Summit,Hill Branch,Jones Branch,Mill Creek,Laurel Branch,
Jones Creek
Basin/Subbasin; Broad 03050I
Wetland Type: ❑Isolated x[]Non-Isolated"(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V OS13
XDC1ass C ❑ORW XOTrout ❑WS-III ❑NSW
X[]HQW ❑WS-I ❑WS-IV ❑SA FICA
Type of Authorized Impact: X[]Culvei-t ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
XQRiprap Inlet/Outlet Stabilization XnFill
Authorized Wetland Impacts: X00— I/10"'acre
01/11"'to 1/3`d acre
❑1/3 rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X[]> 150 linear feet 1,346 linear feet
Additional comments:
Reviewed project on July 20,2010. Heavy construction continues on the south end of the project. Some paving
has taken place and approximately 40%of the project has been paved.
Heavy rains continue to impact project. Some sediment and erosion control structures were in need of cleaning.
The biggest area of concern is site around the steel plate pipe with steep slopes bare soil near the end of the pipe.
Seeding and/or matting should be performed as areas are graded.
It is imperative that all erosion control devices be maintained. Please continue with seeding and matting as
required to protect State surface waters.
US Highway 25 Inspection July 2010

_A"J'�Ar
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 2, 2010
Mr. J. J. Swain, Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Subject:. Inspection-US Highway 221
DWQ Project 08-1809
Individual Certification No. 3784
TIP Nos. R-2233A
Rutherford County
Dear Mr. Swain:
On July 21, 20 10, 1 inspected the construction work on the US Highway 221Project in Rutherford County.
Clearing and grubbing work continues along with grading and work on the Broad River Bridge.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also, please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
Ael"'�' -12.P4�1 �
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens, PE
Roger Bryan, Division 13,DEO
Ed hngle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
US Highway 221 .my 2010 inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 i.SS, 0 Highway,Swannanoa,NC 28778-8211
Phone 8'28-296-45001 FAX:[phone] One
Customer Service:1-877-623-6748 NOfthCctfofinia
Internet:www.nmaterquality.org Nalitrally
An Eua �JPP:;rn..nity Affirmative Action Employer 6 1

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DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker -� Date: July 21,2010
County: Buncombe Region: FAsheville
DOT Division: Division I3
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 20081809 NW Permit#: IP#: 3784
Project Name: TIP No.R-2233A
Location of Project: The project is located on US Highway 221 approximately 3 miles south of the
intersection of US Highway 74 and US Highway 221 in Rutherford County,
Project Complete: ❑Yes X No If no, estimated date of completion: F:�=
Activities (DOT): Water Quality Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
X❑ Other Fill
Additional Wetland Impacts: ❑yes ❑ no Estimated Acres
F7-==
❑ Zone 1 Est Acres F__= ❑ Zone 2 Est Acres
F7==
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
F=
Estimated linear feet of impact: F====
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone l: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes [-]No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Proiects
Background Info \
Name of Waterway(s): Broad River,Floyds Creek
Basin/Subbasin: CTB 030802
Wetland Type: ❑Isolated ONon-Isolated (Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
XE]Class C ❑ORW El Trout ❑WS-Ill ❑NSW
❑HQW ❑WS-I ❑WS-IV [—]SA RCA
Type of Authorized Impact: X[]Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
XF]Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: XF10— 1/10"'acre ❑1/11d'to 1/3`d acre
0.02 acres ❑1/3`dto 1.0 acre ❑> 1.0 acre `
Authorized Stream Impacts: ❑< 150 linear feet X[I> 150 linear feet
2,686 linear feet
Some clearing and grubbing work is continuing. Grading is underway near the Broad River and work is
underway for construction of the new Broad River Bridge. Also,there is some culvert work starting.
Project appeared to be in good condition.
Continue to maintain erosion control devices and continue with seeding and mulching as required.
R2233A Inspection Report.luly 2010

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Des Freeman
Governor Director Secretary
August 3, 2010
Eric Motzno
NC DOT - Environmental Operations
4809 Beryl Rd
Raleigh NC 27606
SUBJECT: Compliance Evaluation Inspection
Rosman Maintenance Facility
Permit No: NCO085979
Transylvania County
Dear Mr. Motzno:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted at the site on July 20 2010. The facility was found to
be in Compliance with permit NCO085979 at the time of the inspection.
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,
Keith Hayne'
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\Industrial\NCDOT Rosman Maintenance 85979\CE107-20-10letter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOTthCarolina
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Natura!!ff
Internet:www.ncwaterguality.org

United States Environmental Protection Agency Form Approved.
Washington,D.C.20460 OMB No.2040-0057
EPA
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 n,1 2 15� 31 NCO085979 ( 11 121 10/07/20 117 181 C1 191 SI 201
Remarks 211 1 1 1 1 1 1 1 1 1 R
1 1 1 1 1 1 1 1 1 1 1 1 emarks 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I H6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA
--------------------------Reserved----------------------
671 169 701 1 711 j 721 N I 73 L J 74 751 11 1 1 1 1 1 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 05/10/01
il:zo AM 10/07/20
Rosman Maintenance Facility
Exit Time/Date Permit Expiration Date
NCSR 1368
Rosman NC 28772 11:40 AM 10/07/20 10/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Officiai/Title/Phone and Fax Number
Contacted
Eric Motzno,4809 Beryl Rd Raleigh NC 27606//919-733-2220/9197331192 No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit E Facility Site Review 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
ee
Keith Haynes ARO WQ//228-296-4500/ ' , / 1
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ]
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3� �11 12� 17 18
NC0085979 10�07/20
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The groundwater remediation process was in operation with all four pumps running.
Page# 2

Permit: NCO085979 owner-Facility: Rosman Maintenance Facility
Inspection Date: 07/20/2010 Inspection Type: Compliance Evaluation
Yes No NA NE
Permit --- -.
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? WOOD
Is the facility as described in the permit?
■ QQQ
#Are there any special conditions for the permit?
QQ ■ Q
Is access to the plant site restricted to the general public?
■ Q Q Q
■ QQQ
Is the inspector granted access to all areas for inspection?
Comment: Renewal received March 3, 2010
Page# 3

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director Dee Freeman
Beverly Eaves Perdue Secretary
Governor
August 3, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7515 1321
Mr. Jack Fisher, Manager
NC Conservation, LLC
7265 Hwy. 25-70
Marshall, NC 28753
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7515 1314
James W. Kirkpatrick, III, Registered Agent
NC Conservation, LLC
37 Branner Ave.
Waynesville, NC 28786
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Preserve at Little Pine
DWQ "Tracking Number: NCR002602
NOV-2010-PC-0876
Construction Stormwater Permit—NCGO10000
Stream Standard Violation - Other Waste (In-stream sediment)
Removal of Best Usage
Failure to Secure 401 Water Quality Certification
Madison County
Response deadline: August 20, 2010
Dear Messrs. Fisher and Kirkpatrick:
On July 15, 2010, Susan A. Wilson from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for Preserve at Little Pine located along Little Pine
Road in Madison County, Wayne Watkins, Division of Land Resources, was also present during
the site inspection.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �TOne 1
Location'2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1V orthCarolina
Phone.[phone]'.FAX [phone]'\Custorner Service:1-877-623-6748 Naturally
internet: www.ncwaterquality.org
R,n Equal jpportunity'Aft'I�matiae irfior,kmpi yer

Messrs.Fisher and Kirkpatrick
August 3.20 10
Page 2 of
Construction Stormwater Permit NCGO10000, 401 Water Quality Certification, and stream
standards violations were noted during the inspection and file review. Sediment impacts to North
Prong Little Pine Creels and tributaries, a Class C waterbody in the French Broad River Basin,
were documented constituting permit, certification and standard violations.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
VIOLATIONS
I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit
(NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre.
a. Approved Plan (Part 1. Section A: No. 2.) Per the Division of Land Resources,
there is no approved Sediment and Erosion Control Plan for the Cottage Clove and
Horse barn portion of the project [Project # MADIS-2010-0071.
111. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—At least 500 feet of the North Prong Little Pine and several tributaries were impacted
by sediment deposition greater than 3 inches, in pockets throughout the stream reach, \
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
IIL Removal of Best Usage— 15A NCAC 0213.0211 (2)—Greater than 320 feet of North
Prong Little Pine and tributaries were impacted by culverts, representing Water Quality
Stream Standard violation of 15A NCAC 02B .0211 (2).
IV. Failure to Secure a 401 Water Quality Certification
DWQ site visits and file review confirmed that the above-stated culvert 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 has notification been provided to the COE for this activity. DWQ file review
confirmed that a Pre-construction Notification has not been received by the DWQ for this
project and that a 401 Water Quality Certification has not been issued. A Pre-Construction
Notification along with the required mitigation submitted to DWQ is required prior to the
above-mentioned impacts pursuant to 15A NCAC 2H .0500.
REQUIRED RESPONSE
This Office requests that you respond in writing by August 20, 2010 of receipt of this Notice.
Your response should be sent to both the attention of Susan A. Wilson, 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:

,aer and Kirkpatrick
2010
A of 4
I. Construction Stormwater Permit NCG010000
a. Please explain why there is no approved Erosion and Sedimentation Control Plan
for the area under construction, and when you anticipate being in full compliance
with your Erosion and Sediment Control Plan and the current NCGO10000
Construction Stormwater Permit.
II. Stream Standard- Other Waste (In-Stream Sediment)
a. Please provide a map of the project area. The map must include all streams and
wetlands, detailing impacts both on- and off-site.
b. Please submit a Sediment Removal Plan to this office for review and approval. The
Plan must address removal of accumulated sediment from all surface waters. You
are encouraged to secure an environmental consultant experienced in stream
restoration to assist you with developing your Plan, and obtaining any necessary
approvals. It is recommended that your consultant contact Ms. Wilson of the
Asheville Regional Office for additional guidance during Plan development. The
Plan should include:
• A narrative explaining how sediment will be removed; including,techniques,
equipment,manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel,referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a Final Report documenting the results of the sediment
removal activities and photo-documentation must be submitted to Ms. Wilson.
III. Removal of Best Usage-15A NCAC 02B.0211 (2)
a. Please explain why these impacts(culverts) occurred without prior authorization.
b. 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.
Depending on the type of permits USACOE requires, application for a 401 Water

Messrs.Fisher and Kirkpatrick
August 3,2010
Page 4 of 4
Quality Certification to DWQ will also be required. Please note that sediment
impacts to streams are not permittable. -
c. If you choose to remove any of the culvert impacts,restoration of the stream will be
required to restore the pattern,profile,and dimension of the impacted stream
channel.
IV. 401 Water Quality 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 [refer to III.b., above].
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 Susan A Wilson at (828) 296-
4500.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: Inspection Report
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources, Wayne Watkins
Tyler Crumbley, USACOE
Madison County Planning
S:\SWP\Madison\Storrnwater\NCG01 Construction\Little Pine\N0V-2010-PC-0876.Litde Pine.8 2010.doc

Compliance Inspection Report
Permit: NCG010000 Effective: 07/19/06 Expiration: Owner: NC Conservation LLC
SOC: Effective: Expiration: Facility: Preserve at Little Pine
5326 Little Pine Rd
County: Madison
Region: Asheville DWQ Tracking No: NCR002602
Marshall NC 28753
Contact Person: Jack Fisher Title: Phone:
Directions to Facility:
from Marshall,take Bear Cove Rd(?) cross FRB to Little Pine Road,take Little Pine Road to end,subdivision entrance on right
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 07/15/2010 Entry Time: 12:00 PM Exit Time: 02:10 PM
Primary Inspector: Susan A Wilson Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type:Compliance Evaluation
Permit Inspection Type: Construction Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
Construction
(See attachment summary)
Page: 1

Permit: NCR002602 Owner-Facility: NC Conservation LLC
Inspection Date: 07/15/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
Inspection Summary:
Susan A. Wilson (DWQ)and Wayne Watkins (DLR) performed a site inspection at the Preserve at Little Pine on July 15,
2010. Sediment impacts were noted and the site has no approved plan. At the time of the inspection, no activity was
taking place and no site supervisor was present (so no inquiry could be made regarding records and rain gauge).
DWQ believes the culvert impacts were put in place without proper 401 Certification (and culvert/fill impacts appear to be
greater than 150 ft-which would require written concurrence from DWQ).
Pockets of sediment were noted in the tributaries on-site and into North Prong Little Pine (by the entrance road to the
Preserve at Little Pine).
Page: 2

Permit: NCR002602 Owner-Facility: NC Conservation LLC
Inspection Date: 07/15/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
Yes No NA NE
DLR or Local Program Inspection
#Is this inspection related to a DLR/local program inspection?
07/15/2010
#If Yes,what was the DLR /local program inspection date?
Yes No NA NE
E& SC Plan
Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ❑ ■ n n
Inspection Report?
Comment: No approved plan in place for part of the development.
Yes No NA NE
Erosion_Control Measures
Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? n ■ n n
Comment: Failure to take all reasonable measures (refer to DLR Inspection report for
7/15/2010)
Yes No NA NE
Approved E&SC Plan
❑
Is a copy of the approved E&SC plan on site? ■ ❑ n
Comment: Same as above.
Yes No NA NE
Rain Gauge
- ❑ ❑ ❑ ■
Is a rain gauge present on the site at the time of inspection?
Comment: No personnel on-site- rain gauge was not observed.
Yes No NA NE
Rain Gauge Records
Is rain gauge data measured and recorded? Cl El 0 0
Comment: Not available.
Yes No NA NE
Inspection Records
Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ❑ ❑ ❑ ■
Comment: Not available during inspection - no personnel on-site.
Yes No NA NE
Other NCG010000 Permit Conditions
El M
Is the site compliant with other conditions of the NCG010000 permit?
Comment: Pockets of sediment noted in tributary through site (and pockets in main
tributary by entrance road).
Yes No NA NE
Other Water Quality Issues
Is the site free of any other Water Quality issues as noted during the inspection? ■ ❑ ❑ ❑
Comment: There does not appear to be a 401 WQC for the culverts through the
development.
Page: 3

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ROENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Secretary
Governor
August 3, 2010
Mr. Tommy Ray Plemmons
Plemmons Property, Sand Hill Road
945 Sand Hill Road
Candler,NC 28715
Subject: Notice of Violation
NOV-2010-SS-0017
Incident Closure
Buncombe County
Dear Mr. Plemmons:
The Division of Water Quality(DWQ) conducted a follow-up site visit related to the Notice of
Violation NOV-2010-SS-0017 sent to you on April 20, 2010.
The follow-up site visit conducted July 29, 2010 indicated that the site was stabilized and vegetation
had regrown on the banks of the unnamed tributary to Hominy Creek,which runs through your
property. This has satisfactorily resolved the violation noted in the subject Notice of Violation.
Please contact this office should you wish to clean out your culvert or perform any other work in
streams through your property(to ensure that you will not be in violation of water quality rules).
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,
17
f
an A. Wilson, Envlronmentai Engineer
rface Water Protection Section
cc: City of Asheville, Danny Gibson
ARO File Copy
S:\SWP\Buncombe\Complaints\Plemmons Property-Sand Hill Road\NOV Closure.Plemmons.8 2010.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 vaturallry
Internet: www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

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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
Secretary
Governor
August 3, 2010
Mr. Danny Young
Young Property—Jims Branch Road
209 Jims Branch Road
Swannanoa,NC 28778
Subject: Notice of Violation
NOV-2010-SS-0018
Incident Closure
Buncombe County
Dear Mr. Young:
The Division of Water Quality(DWQ) conducted a follow-up site visit related to the Notice of
Violation NOV-2010-SS-0018 sent to you on April 20, 2010.
and
The follow-up site visit conducted JuneBranch,0which ted that the site was rans through your property.stabilize vegetation
hasgetation
had re-grown on the banks of the Jims
satisfactorily resolved the violation noted in the subject Notice of Violation.
Please contact this office in the future should you wish to clean your culvert or perform any work in
streams through your property(to ensure that you will not be in violation of water quality rules).
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,
Susan A. Wilson, Environmental Engineer
Surface Water Protection Section
cc: ARO File Copy
S:\SWP\Buncombe\Complaints\Young Prop-Jims Branch Rd\NOV Closure.Young.8 2010.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna
Phone:[phone]\FAX:[phone] l Customer Service:1-877-623-6748
NRhlrally
Internet: www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

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 4, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7515 1338
Mr. Mark Lewis
Bear River, LLC
189 Bear River Lodge Trail
Marshall, NC 28753
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 75151345
Joseph Front, Registered Agent
Bear River, LLC
23 Valley Drive
Weaverville,NC 28787
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Bear River Lodge
DWQ Tracking Number: NCR002192
NOV-201 O-PC-0919
Construction Stormwater Permit—NCGO 10000
Madison County
Response deadline: August 23, 2010
Dear Messrs. Lewis and Front:
The Division of Water Quality has received information from the Division of Land Resources
indicating that Bear River, LLC has been found in violation of the North Carolina Sedimentation
Pollution Control Act (Act), due to land-disturbing activities for which you are responsible.
The violations reported by the DLR also place you in violation of the National Pollution Discharge
Elimination System (NPDES) Construction Stormwater Pen-nit NCGO10000,
SURFACE WATER PROTECT ION SECTION-ASHEVILLE REGIONAL OFFICE One t
Location:2090 U S.Highway 70,Swannanoa,North Carolina 28778 NOrthCar'ollna
Phone:[phone]"FAX:[phone] Customer Service 1-877-623-6748 Naturally
Internet: www.ncwatergLiality.org
An I_qual OPp4r[Lill 11 `.:;hrrrrat!vu +Gticn ErnPioyel

Messrs.Lewis and Front
August 4,2010
Page 2 of 3
VIOLATIONS
I. 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).
a. Failure to apply for and receive an approved E&SC Plan prior to
commencement of construction (Part I Section A: No. 1.). Reference DLR
Continuing Disapproval of Plan, dated February 25, 2010 (Phases 2C and 2D).
b. Failure to adhere to an approved E&SC Plan (Part I Section A: No. 2.)
c. Failure to operate and maintain stormwater controls to optimum efficiency
(Part I Section C. No. 2)
REQUIRED RESPONSE
This office requests that you respond_by August 23, 2010. Your response should be sent to both to
the attention of Ms. Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,
NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your E&SC Plan.
b. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
projects.
Thank you for your attention to this matter. This Office 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.

As and Front
,,2010.
3 of 3
Should you have any questions regarding these matters, please contact Susan A Wilson(828) 296-
4500 or [e-mail].
Sincerely,
4
0
Ro er C. Edwards,Regional Supervisor
urface Water Protection
Asheville Regional Office
Enc.: Inspection Report
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Madison County Planning
SASWP\Madison\Stormwater\NCG01 Construction\Bear River Lodge\NOV-2010-PC-0919.Bear River 8 2010.doc
a

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Compliance Inspection Report
Permit: NCGO10000 Effective: 08/13/09 Expiration: Owner: Bear River LLC
SOC: Effective: Expiration: Facility: Bear River Lodge
189 Bear River Lodge Trl 1
County: Madison
Region: Asheville DWQ Tracking No: NCR002192
Marshall NC 28753
Contact Person: Mark Lewis Title: Phone:
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 07/15/2010 Entry Time: 02:35 PM Exit Time: 03:45 PM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type:Compliance Evaluation
Permit Inspection Type: Construction Stormwater
Facility Status: fl Compliant ■ Not Compliant
Question Areas:
0 Construction
(See attachment summary)
Page: 1

Permit:NCR002192 Owner-Facility: Bear River LLC
Inspection Date: 0 711 5/2 01 0 Inspection Type:Compliance Evaluation Reason for Visit:Complaint -
Inspection Summary:
Susan Wilson (ARO/WQ) conducted a site inspection on July 15, 2010. Wayne Watkins,ARO/DLR, conducted a
follow-up site visit for Land Quality at the same time. DLR/Land Quality has submitted multiple NOVs for various Phases
of the site. Phase 2C and 2D are not currently under an approved plan. DLR has proceeded forward with an
enforcement action for the project.
Measures were not being maintained. The potential for direct impacts to surface waters is apparent(but not documented
at the time of inspection). However,the lack of approved S&EC plan and lack of maintenance of measures for Phases 2C
and 2D places the facility in violation of DWQ's construction stormwater permit.
Page: 2

Permit: NCR002192 Owner-Facility: Bear River LLC
Inspection Date: 0 711 5/2 0 1 0 Inspection Type:Compliance Evaluation Reason for Visit:Complaint
DLR or Local Program Inspection Yes No NA NE
#Is this inspection related to a DLR/local program inspection? ■ n
#If Yes,what was the DLR /local program inspection date? 07/15/2010
Yes No NA NE
E&SC Plan
Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program 11 ■
Inspection Report?
Comment: Phase 2C and 2D have no approved plan (2/2512010 letter from DLR re.
disapproval of plan).
Yes No NA NE
Erosion Control Measures
Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? n ■ Cl n
Comment: Reference DLR previous NOV's and inspection reports.
Approved E&SC Plan Yes No NA NE
Is a copy of the approved E&SC plan on site? ❑ ■ n n
Comment: Site manager not on site at time of inspection. Per DLR, Phase 2 C and
2D have no approved plan.
Rain Gauge Yes No NA NE
Is a rain gauge present on the site at the time of inspection? n ❑ 0 ■
Comment:
Rain Gauge Records Yes No NA NE
Is rain gauge data measured and recorded? In n n ■
Comment:
Inspection Records Yes No NA NE
Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? Q ❑ 0 ■
Comment:
Other NCGO10000 Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the NCG010000 permit? n ❑ ❑ ■
Comment:
Other Water Quality Issues Yes No NA NE
Is the site free of any other Water Quality issues as noted during the inspection? n ❑ ❑ ■
Page: 3

Permit:NCR002192 Owner-Facility: Bear River LLC
Inspection Date: 07/15/201 o Inspection Type:Compliance Evaluation Reason for Visit:Complaint
Comment: It is likely that the site is causing turbidity problems in-stream due to the
rutted roads and lack of maintained measures. During the time of inspection - it was not
raining -so this impact could not be determined.
Due to the location and steep slopes (along with the high flow velocity of the
creek/river) instream sediment impacts could not be determined. In many of the
areas- if sediment is lost- it likely migrates downstream rapidly (so sediment impacts
would be difficult to assess).
Page: 4

RUDENf
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, 2010
Thomas E Hartye
Metropolitan Sewerage District of Buncombe County
2028 Riverside Dr
Asheville NC 288043054
SUBJECT: Pretreatment Audit
French Broad River WRF
Permit No: NCO024911
Buncombe County
Dear Mr. Hartye:
Enclosed please find a copy of the Pretreatment Compliance Inspection form from
the inspection which I conducted on July 22 2010. Please note that a review of MSD's
2009 Pretreatment Annual Report (PAR) has also been completed. MSD's pretreatment
program was found to be in Compliance with permit NCO024911 and applicable
pretreatment regulations.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by Monty Payne and Jon van Hoff during the
inspection was greatly appreciated. If you or your staff has any questions, please do not
hesitate to call me at 296-4500.
Sincer ly,
Keith Hayn
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Buncombe\Wastewater\Municipal\MSD 24911\Pretreatment\PClaudit7 22-101etter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolliina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.org

..._.. ... ...__.
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES YY
r/mo/da Inspection Type Inspector Fac Type
1 IN 2 I51 31 NC0024911 ill 121 1e/07/22 I17 181P1 19 u 201 L- Remarks
6
2111111111111111111111111111111111111111111111111
Inspection Work Days Facility Self-Monitoring Evaluation Rating I61I i A I I I I I I
67I 169 70I' 71 72 NI -----------------------Reserved---------------------
73�74 751 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) 08/02/01
08:30 AM to/o7/zz
French Broad River WRF
Exit Time/Date Permit Expiration Date
NC Hwy 251
02:00 PM 10/07/22 10/12/31
Asheville NC 28814
Name(s)of Onsite Re presentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Thomas E Hartye,2028 Riverside Dr Asheville NC 288043054//828-254-964Ys
6/
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes00 ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

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1
i

=- --- NORTH CAROLINA DIVISION OF WATER QUALITY
NCQENR PRETREATMENT AUDIT REPORT
Background Information [Complete prior to audit; review Program Info Database Sheet(s)]
1. Control Authority(POTW)Name: MSD of Buncombe County
2. Control Authority Representative(s):Monty Payne/Jon van Hoff
3. Title(s):Industrial Pretreatment
4. Address of POTW:
Mailing 2028 Riverside Drive
City Asheville Zip Code 28804
Phone Number 225-8225 Fax Number E-Mail
5. Audit Date 07/22/2010
6. Last Inspection Date: 08/21/2010 Inspection Type: M PCI ❑Audit
7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? M Yes ❑ No
If No,Explain.
8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ❑Yes M No
If Yes,Explain.
9. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes M No
Order Type and Number: Are Milestone Dates Being Met? ❑Yes ❑ No ❑ NA
Parameters Covered Under Order
PCS(WENDB)Codins
Trans.Code Main Program Permit Number MM/DD/YY Inspee.Type Inspector Fac.Type
INIC10 IO 12 I4 19 I1 I1 I07 122 1 10 l Ia
(DTIA) (TYPI) (INSP) (FACC)
10. Current Number of Significant Industrial Users(SIDS)? 20 SILTS
................................................................... ... ...........................................................................................................................
11. Current Number of Categ C
orical Industrial Users(CIUS)? 16 NS
..... .............................................................................................................................................................
12. Number of SIUs Not Inspected by.POTW.in Last Calendar Year? 0 ............................
....................................................... ............ .................................................................................................................................................................
13. Number of SIUs Not Sampled.by POTW in Last Calendar Year? 0 ................................
14. Enter Higher Number of 12 or 13 0 NOIN
....................................... ....................................................................................................................................................................................................
15. Number of SIUs with No IUP,or with an Expired IUP 0 NOCM
...................................................................... ..........................
16. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of Last 2 0 PSNC
Semi-Annual Periods(Total Number of SIUs in SNC) ...........................................
.... ..................................................................................................................................................................................................... ..
................................. ... . .
17. Number of SIUs in SNC for Reporting_During Either of Last.2 Semi-Annual Periods 0 MSNC
.........................................I.. ...
18. Number of SIUs in SNC for Limits Violations During Either of.Last 2 Semi-Annual Periods 0 SNPS
...............................................................................................................................................
19. Number of SIUs in SNC for Both Reporting and Limits Violations During Either of Last 2 0
Semi-Annual Periods
.......................................................................................................................................................................................................................................................................................................
20. Number of SIUs in SNC for Self-Monitoring.Requirements,that were Not Inspected.or Sampled 0 SNIN
.......
rTr rnz�n n.or.-o.,r.,, + A-A;+1:7- ,. Uv..; A' T_ tt ').- nnn7

21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW has copy 6-
Element in their File,complete with all su ortin documents and PERCS A roval Letter, and dates consistent with Pro .
Program Element Last Submittal Last Approval Date Nezi,
Date In file? Date In file If A lical t..
Headworks Analysis(HWA) 3/30/09 ®Yes❑ No 6/26/09 ®Yes 0 No 4/1/14
Industrial Waste Survey(IWS) 10/19/09 -®Yes❑ No 5/14/10 ®Yes ❑ No H/1/14
Sewer Use Ordinance(SUO) 5/25/07 ®Yes-ONO 3/2/09 ®Yes❑ No
Enforcement Response Plan(ERP) 10/6/04 ®Yes 0 No 5/2/05 ® Yes❑ No
Long Term Monitoring Plan(LTMP) 5/3/05 ®Yes❑ No 1013105 ®Yes❑ No
Legal Authority(Sewer Use Ordinance-SUO)
22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction?
®Yes❑ No If yes,Please list these towns and/or areas. Entire county and Cane Creek in Henderson Co.
23. If yes to#22,Do you have current Interjurisdictional Agreements(IJAs)or other Contracts? ®Yes❑ No ❑NA
A copy,if not already submitted, should be sent to Division. Previously submitted.
24. If yes to#22,Have you had any trouble working with these towns or districts? ❑ Yes N.No 0 NA
If yes,Explain.
25. Date of Last SUO Adoption by Local Council 10/21/09
26. Have you had any problems interpreting or enforcing any part of the SUO? ❑Yes ® No
If yes,Explain.
Enforcement(Enforcement Response Plan-ERP)
27. Did you send a copy of the ERP to your industries? ®Yes❑ No Usually during inspections
If no,POTW must send copy within 30 days.
28. Have you had any problems interpreting or enforcing any part of the ERP(i.e. any adjudication,improper enforcement,etc?
❑Yes® No If yes,Explain.
29. List Industries under a Schedule or Order and Type of Schedule or Order
Jacob Holm
Resources
30. Please Rate the Following: S=Satisfacto M=Mar inal U=Unsatisfacto
ry
Rating Explanation,if Unsatisfacto
Ky
Personnel Available for Maintaining
POTW's Pretreatment Program ®S OM DU
Access to POTW Vehicles for
Sampling,Inspections,and ®S OM DU
Emergencies
Access to Operable Sampling
Equipment ®S OM OU
Availability of Funds if Needed for
Additional Sampling and/or Analysis ®S OM OU
Reference Materials
®S❑M DU
Staff Training(i.e.Annual and
Regional Workshops,Etc.) ®S OM OU
Computer Equipment(Hardware and
Software) ®S OM DU
NC DWQ Pretreatment Audit Form Revised: Rely 25.2007 Paee 2

.OTW have an adequate data management system to run the pretreatment program?®Yes❑ No
-A Yes or No.
rlow does the POTW recover the cost of the Pretreatment Program from their industries?Explain.
Industrial rate for waste water discharges.
Public Perception/Participation
33. Are there any local issues affecting the pretreatment program (e.g., odor,plant closing,new or proposed plants)?
❑Yes® No If yes,Explain.
34. Has any one from the public ever requested to review pretreatment program files? ®Yes❑ No
If yes,Explain procedure.If no,How would the request be addressed?Filed separately.
35. Has any industry ever requested that certain information remain confidential from the public? ®Yes❑ No If yes,Explain
procedure for determining whether information qualified for confidential status,as well as procedure for keeping files confidential
from public. If no.how would the request be addressed?.
36. In addition to annual inspection,does the POTW periodically meet with industries to discuss pretreatment? ®Yes❑ No
37. Is the public notified about changes in the SUO or Local Limits? ®Yes❑ No
38. Were all industries in SNC published in the last notice? ®Yes❑ No
Permitting(Industrial Waste Survey-IWS)
39a...How does the POTW become aware of new or changed Users?Planning and Development Dept.
39b.Once the POTW becomes aware of new or changed Users,how does the POTW determine which industries have the
reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an
SIU?)Inspection
'10. Does the POTW receive waste from any groundwater remediation projects(petroleum,CERCLA)or landfill leachate?
®Yes❑No If Yes,How many are there?Four
Please list each site and how it is permitted,if applicable.Chemtronics,Gentec,Square D,Smith Aerospace
41, Does the POTW accept waste by(mark if applicable) ®Truck ❑Dedicated Pipe ❑NA
42. If the POTW accepts trucked waste,what controls are placed on this waste? (example.designated point, samples drawn,
manifests required)Septic haulers at designated location.
43. How does the POTW allocate its loading to industries?Mark all that apply
®Uniform Limits ®Historical Industry Need ❑By Surcharge ®Categorical Limits ❑Other
Explain Other:
44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑Yes® No
If yes,What parameters are over allocated?
45. If yes to#43,What is being done to address the over allocations?(short-term IUPs,HWA to be revised,pollutant study,etc.)
N/A
46. Does the POTW keep pollutant loading in reserve for future growth/safety? ®Yes❑ No
If yes,what percentage of each parameter 10%to 901/o,depending on parameter
47. Has the POTW experienced any difficulty in allocation?(for example: adjudication by an industry) ❑Yes® No
If yes,Explain.
48. How does the POTW decide on which pollutants to limit in the permits?Monitor for? (for example:were only those pollutants
listed on the application limited;categorical parameters;NPDES Pollutants of Concern)
All
49. How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits? Explain.
Catagorical rules, industry type and amount of flow
NC DWQ Pretreatment Audit Form Revised: July 25,2007 Page 3

Permit Compliance
50. Does the POTW currently have or during the past year had any permits under adjudication? ❑ Yes® No
If yes,which industries? What was(will be)the outcome of the adjudication?
51. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits,reporting
requirements,and permit conditions, as well as for SNC.Access database. Self-monitoring data is submitted online,sends
email to Jon to indicate if on time.
52. Does the POTW use the Division's model inspection form or equivalent? ®Yes❑ No
If no,does the POTW form include all DWQ data? ❑ Yes❑ No
53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ®Yes❑ No
If no,Explain.On inspection form
54. What criteria are used to determine if a slug/spill control plan is needed?
Required by all SIUs and local permits updated every three years.
55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate?
1)MSD as contact,2)Step by step procedure,3)Internal contacts,4)Properly posted
56. How does the POTW decide where the sample point for an SIU should be located?
As close to pretreatment discharge as possible.
57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time?
(example: correct location; proper programming of sampler; clean equipment;swirling the sample bucket uniformly)
POTW: ®Yes ❑ No SIU: ® Yes❑ No If yes,Explain.Review during inspection
58. Who performs sample analysis for the POTW for Metals Pace
Conventional Parameters Pace
Organics Pace
59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples. )
Sign over to Pace they sign receipt.
Long/Short Term Monitoring Plan(L/STMP)and Headworks Analysis(HWA)
60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES ❑ NO
60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO
60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO
60d. All LTMP/STMP effluent data on Discharge Monitoring Report(DMR)?®YES❑ NO DWQ Inspector,verify yourself!
60e. If NO to any above, list violations
60f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ®NO
If yes,which ones?Eliminated: Added:
61. Do you complete your own headworks analysis(HWA)? ® Yes❑ No
If no, Who completes your HWA? Phone( ) --
62. Do you have plans to revise your HWA in the near future? ❑Yes® No
If yes,What is the reason for the revision?(mark all that apply) ❑Increased average flow ❑NPDES limits change
❑More LTMP data available ❑Resolve over allocation
Explain. ❑5 year expiration ❑Other
63. In general,what is the most limiting criteria of your HWA? ®Inhibition ❑Pass Through ❑Sludge Quality
64. Do you see any way to increase your loading in the future(Example:obtaining more land for sludge disposal)? ❑Yes® No
Explain. ,-
Summary
65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment?
No changes planned
NC DWQ Pretreatment Audit Form Revised: .luly 25.2007 Page 4

.'USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS AND 1 IU INSPECTION)
ne 1.Continental Teves 2.Eaton Electrical 3.Williams Plating
Number S-015-07 S-014-07 S-007-07
Toes File Contain Current Permit? ®Yes ❑ No ®Yes ❑ No ®Yes ❑ No l
Permit Expiration Date 12/31/11 12/31/11 12/31/11
70. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 433.17 433.17 433.17
71. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No Yes El No ®Yes El No
to Permit Issue Date?
72. Does File Contain Inspection Completed Within Last Calendar Year? ®Yes ❑ No Yes ❑ No ®Yes ❑ No
73. a. Does File Contain Slug/Spill Control Plan? a. ®Yes[]No 1 a. ( Yes[--]No a. ®Yes❑No
b.If No, is One Needed?(See Inspection Form from POTW) b. ❑Yes[_-]Nob. []Yes❑No b. pYes❑No
74. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic ®Yes❑NoDN/A NYes❑No❑N/A ®Yes❑No❑N/A
Organic Management Plan(TOMP)?
75, a. Does File Contain Original Permit Review Letter from Division? a. ®Yes❑No a. ®Yes[]No a. ®Yes[]No
b. All Issues Resolved? b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A bnYes❑No❑N/A
76. During Most Recent Semi-Annual Period,Did POTW Complete its ®Yes ElNo ®'Yes ❑ No ®Yes El No
Sampling as Required by IUP, including Flow?
—El 77. Does File Contain POTW Sampling Chain-Of-Custod Forms. Yes No ❑—No Yes El No
78. During Most Recent Semi-Annual Period,Did SIU Complete its ®YesDNoON/A ®Yes❑No❑N/A ®Yes❑No❑N/A
Sampling as Required by IUP,including Flow?
79. During Most Recent Semi-Annual Period,Did SIU submit all reports on ®Yes❑No❑N/A ®Yes❑NoDN/A ®Yes❑No❑N/A
time?
80a.For categorical lUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoON/A ❑Yes❑NoON/A ❑Yes❑No®N/A
file includeprocess/dilution flows as Required by IUP?
80b.For categorical IUs with Production based limits,does file include ❑Yes❑No®N/A pYes❑No®N/A ❑Yes❑No®N/A
roduction rates and/or flows as Required by IUP?
81. During Most Recent Semi-Annual Period,Did POTW Identify All ®Yes ❑ No ®Yes ❑ No ®Yes ❑ No
Limits Non-Compliance from Both POTW and SIU Sampling?
During Most Recent Semi-Annual Period,Did POTW Identify All ❑Yes❑No®N/A ❑Yes❑No®N/A ❑YespNo®N/A
Reporting Non-Compliance from SIU Sampling?
83. a. Was POTW Notified by SIU(Within 24 Hours)of All Self- a.❑YesDNo®N/A a.❑Yes❑No®N/A a.®Yes❑No❑N/A
Monitoring Violations? .❑ es❑bYNo0N/A
b. Did Industry Resample and submit results to POTW within 30 Days? b.❑Yes❑No®N/A b.®Yes❑No❑N/A
c. If applicable,did POTW resample and obtain results within 30 days of c.❑Yes❑No®N/A c.❑YespNo®N/A c.❑Yesr3No®N/A
becoming aware of SIU limit violations in the POTW's sampling of SIU?
84. During Most Recent Semi-Annual Period,Was SIU in SNC? [:]Yes ® No ❑Yes ® No El ® No
85. During Most Recent Semi-Annual Period,Was Enforcement Taken as ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes0No®N/A
Specified in POTW's ERP(NOVs,Penalties,timing,etc.)? L
86. Does File Contain Penalty Assessment Notices? ❑YespNo®N/A ❑Yes❑No®N/A ❑YesONoON/A
87. Does File Contain Proof Of Penalty Collection? ❑Yes❑NoON/A IDYeS❑No®N/A ❑Yes❑No®N/A
88. a.Does File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No®N/A a.❑Yes❑No®N/A
b. Is SIU in Com liance with Order? b.[7Yes❑No®N/A 1[b.❑Yes❑No®N/A b.❑Yes❑No®N/A
89. Did POTW Representative Have Difficulty in Obtaining Any Requested ❑Yes ® No ❑Yes ® No ❑Yes ® No
Information For You?
FILE REVIEW COMMENTS:
Please make sure that sampling method matches permit requirement and the Chain of Custody reflects that.
NC DWQ Pretreatment Audit Form Revised: Julv 25,2007 Page 5

INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type \
Inspector Fac.1�
LNlCIO I I 14 9 221tb1 I li I IS I L
(DTIA) (TYPI} (INSP) (FACC)
1.Industry Inspected: Williams Plating
2. Industry Address: 6 Industrial Drive Arden
3.Type of Industry/Product: plating
4.Industry Contact: Mike Williams Title: Owner Phone: [phone] Fax:
5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®Yes ❑ No
6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ®Yes ❑ No
B. Plant Tour Z Yes ❑ No
C. Pretreatment Tour ®Yes ❑ No
D. Sampling Review ® Yes ❑ No
E. Exit Interview ® Yes ❑ No
Industrial Inspection Comments:
Facility has 15 employees and normally works one shift five days per week.
Inspection was very thorough.
Audit SUMMARY AND COMMENTS:
Audit Comments: Very good pretreatment program Keep up the good work
Requirements: Make sure sampling method matches the SIU permit requirement
Recommendations: None
NOD: ❑ Yes ® No
NOV: ❑Yes Z No
QNCR: ❑ Yes ® No
POTW Rating:
Satisfactory ® Marginal ❑ Unsatisfactory❑
Audit COMPLETED BY: Keith Haynes A� DATE: lulu 22,2010
Asheville Regional Office
NC DWQ Pretreatment Audit Form Revised: July 25,2007 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
August 6, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Steve Cook Robert and Lucille McCarthy
(owner of 18 Zephyr Drive.) 243 Shelburne Drive
18 Zephyr Drive Asheville, NC 28806
Asheville, NC 28806 7009 1680 0000 7515 1390
7009 1680 0000 75161352
Charles Kilgore Thomas and Debra Brannigan
245 Shelburne Drive 249 Shelburne Drive
Asheville, NC 28806 Asheville, NC 28806
7009 1680 0000 76151369 7009 1680 0000 7615 1406
Joseph and Mildred Jennings Victor and Martha McGuire
251 Shelburne Drive 253 Shelburne Drive
Asheville, NC 28806 Asheville, NC 28806
7009 1680 0000 75151376 70091680 0000 75161413
Zephyr Hill Free Will Baptist Church
253 Shelburne Drive
Asheville, NC 28806
7009 1680 0000 7615 1383
Subject: Overflowing Sewer
18 Zephyr Drive
Buncombe County
Asheville, NC 28806
Dear Sirs and Madams:
It is the understanding of the Asheville Regional Office, Division of Water Quality, Surface
Water Protection staff that a privately owned sewer line which runs in between the properties
on Shelburne Drive and Zephyr Drive is overflowing at 18 Zephyr Drive. Information indicates
that the persons receiving this letter make use of this line.
All users of this line need to immediately make arrangements to have it repaired. North
Carolina General Statute 13A-335(a) says that a person owning a residence shall provide an
approved wastewater system. Continued dependence on an overflowing sewer places at risk
your ability to continue to live in your house. Those of you using this overflowing sewer line
should get it repaired immediately.
Borth Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarofii.na
Internet:www.ncwaterquality.org Naturally
An Equal Opportunity l Affirmative Action Employer

'ow,
It is presumed that the sewer line(s) does not occupy a deeded right-of-way. Each residence
that is connected to this line(s) is responsible for proper operation and maintenance of the
sewer line(s). When an overflow occurs from this sewer line(s) ALL residences connected
are responsible for the repair of the sewer line(s). Failure to repair a sewage overflow can
result in assessment of civil penalties of up to $25,000 per day.
The Metropolitan Sewerage District of Buncombe County (MSD) has a Private Sewer
Rehabilitation program in which it will take over ownership and maintenance responsibility of
private sewers. We would suggest that after repair of the existing point of overflow, all persons
owning homes served by the sewer line designate a spokesperson to negotiate with the MSD
regarding their taking over the sewers for purposes of operation and maintenance. After receipt
of information, the MSD will maintain the existing lines until they can be replaced by a proper
sewer line. Each home owner would continue to be responsible for their own service line, as
are all homeowners, but any time a problem develops with the line taken over by the MSD you
would simply call the MSD. Mr. Mike Butler with the MSD may be contacted at 828-254-9646
to discuss their Private Sewer Rehabilitation program.
Please respond within Fifteen days (15) of receipt of this letter regarding repair(s) to the
overflowing sewer. Please notify Mr. Jeff Menzel at 828-296-4600 when repairs are complete.
Sincerely,
-Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Mike Butler, MSD
Ken Stines, MSD
Deborah Gore, PERCS
S:\SWP\Buncombe\Collection Systems\MSD Collection System\Steve Cook 18 Zypher Drive Certified.doc
___... ._....

__
__
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� .d

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 12, 2010
Charles Cissell
Cissell Property
3323 Loretto Rd
Jacksonville, FL 32223
SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval
Cissell Property
DWQ Tracking Number: NCR002492
NOV-2010-PC-0672
Graham County
Dear Mr. Cissell:
The Division of Water Quality has received correspondence from Fish and Wildlife Associates,
Inc. dated August 2,2010, in response to the NOV noted above. The proposal includes the
removal of sediment from unnamed tributaries to Yellow Creek,the submittal of a Pre-
Construction Notification for the installation of culverts and compliance with the Construction
stormwater permit.
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
cc: ARO File Copy
Ben Laseter - Fish and Wildlife Associates,Inc.
Bill Beck-DLR
SASWP\Graham\Stormwater\NCG01 Construction\Cissell Property\APRVL.8.11.10.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCaroihna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 J�'����L y��l//�
Internet: www.ncwaterquality.org (/ V
An Equal Opportunity I Affirmative Action Employer

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 12, 2010
Robert Gillespie and Thomas and Judy West
185 Cross Creek North Ridge Drive
Marion,NC 28752
Subject: Property along Hwy 80
Parcel number: 075700309317.000
Dear Mr. Gillespie and Mr. and Ms. West:
This letter has been written in response to communications with concerned residents living
within close proximity of the subject property and will hopefully assist you during your decision-
making process related to any construction ideas you may be considering.
The DWQ understands that the Division of Land Resources has communicated with you
concerning erosion control regulations. A set of rules governing development along surface
waters located on the property also exist and understanding them is critical to making good
design decisions.
The stream flowing through your property is an unnamed tributary to the South Toe River and
classified B /Trout/Outstanding Resource Waters. Outstanding Resource Waters are
considered to be of exceptional quality and of unique value to North Carolina and are therefore
protected by correspondingly stringent water quality rules. Attached you will find excerpts from
the N.C. Administrative Code that address the development requirements. I have summarized
certain items considered critical below:
• No wastewater discharges to surface waters will be allowed.
• Assuming you disturb more than one acre,which will require approval of an Erosion&
Sedimentation Control plan by DLR, stormwater management will be required for the
development.
• A low-density development requires a 30-foot vegetative buffer along all surface waters.
No impervious or partially-impervious surfaces will be allowed with the 30-foot buffer;
including, gravel
• A high-density development must control the runoff from all surfaces generated by one-
inch of rain and be wet detention ponds or other alternative stormwater management
systems.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No thCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Naturallff
Internet: www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

Robert Gillespie and Thomas and Judy West
August 12,2010
Page 2 of 2
Finally, considering information gathered from the site indicating the existence of streams and
wetlands, a crucial step is the evaluation of all surface waters on the property. Any fill or other
modifications to said waters will require permitting through the U.S. Army Corps of Engineers
and the DWQ.
I hope you find this information helpful and please contact me at anytime with additional
questions or if I can otherwise provide assistance.
Sincerely,
Chuck Cranford
Environmental Specialist
Surface Water Protection
Enc.

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, 2010
William A. Phipps
Progress Energy Asheville Steam Plant
200 CP&L Drive
Arden NC 28704
SUBJECT: Bioassay Compliance Inspection
Progress Energy Asheville Plant
Permit No: NC0000396
Buncombe County
Dear Mr. Phipps:
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
July 13, 2010. The aquatic toxicity test using grab samples of effluent discharged from
Progress Energy Asheville Ash Pond has been completed. The test passed with a
chronic value (ChV) of 7.6% which is greater than the 1.9% whole effluent toxicity limit for
this facility. The facility appeared to be in Compliance with permit NC0000396.
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: Laurie Moorhead, Progress Energy
Central Files
Asheville Files
.,�SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
`rLocation:2090 U.S.Highway 70,Swannanoa,NC 28778 NonehCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterauality.org
S:\SWP\Buncombe\Wastewater\Industrial\Progress Energy 00396\00396 BCI 2010.doc

United States Environmental Protection Agency Form Approved.
EPA
Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 31 NC0000396 I11 121 10/07/13 1 LJ
17 181al 18!S� 201
J J Remarks lJ --�
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved---------------------
671 '69 70 U 71 72I N l 73'W I 174 751 I I I I I Li 80
Section B: Facility Data
Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:30 AM 10/07/13 07/11/01
Asheville Steam Electric Power Plant
Exit Time/Date Permit Expiration Date
200 Cp L Dr
Arden NC 28704 11:00 AM 10/07/13 10/12./31
Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data
Crystal R Diedrich/ORC/828-687-5210/
Name,Address of Responsible OfficialtTitle/Phone and Fax Number
Contacted
William A Phipps,200 Cp L Dr Arden NC 28704//828-687-5201/828687520 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
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 Insp ctor(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ //r 26/O
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 NC0000396 I11 12L 10/07/13 I17 181g1
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) �—
The aquatic toxicity test using grab samples of effluent discharged from Progress Energy Asheville Ash
Pond has been completed. Progress Energy Asheville Ash Pond has a permitted effluent discharge
entering the French Broad River(7Q10 of 375.0 CFS). Whole effluent samples were collected on July 13
and July 16 by Jeff Menzel for use in a chronic Ceriodaphnia dubia multiple-dilution toxicity test. The test
using these samples passed with a chronic value (ChV)of 7.6%which is greater than the 1.9%whole
effluent toxicity limit for this facility. Toxicity test information follows.
Test Type Ceriodaphnia dubia multiple-dilution toxicity
Test Concentrations 0, 0.475, 0.95, 1.9, 3.8, 7.6% sample
Test Results ChV=>7.6%
Control Survival 100%
Control Mean Reproduction 26.1 neonates
Test Treatment Survival 100%
Treatment Mean Reproduction 27.0 neonates at 7.6% test concentration
First Sample pH 6.92 SU
First Sample Conductivity 934 micromhos/cm
First Sample TRC <0.1 mg/L
Second Sample pH 7.03 SU
Second Sample Conductivity 879 micromhos/cm
Second Sample TRC <0.1 mg/L
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on the receiving water. These samples were split and sent to Environmental Testing Solutions,
Inc. The test performed by ETS also passed with a chronic value greater than 7.6%. No violations of permit
requirements or applicable regulations were observed during this inspection.
Page# 2

DA
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 12, 2010
Rutherford Electric Membership Corporation
Judson Wortman
PO Box 1569
Forest City,NC 28043
SUBJECT: Notification of Violation and Sediment Removal Plan Approval
Polk County
Dear Mr. Wortman:
The Division of Water Quality has received correspondence from Clearwater Environmental
Consultants dated August 10, 2010, in response to a Division of Land Resources inspection report,
noting sediment impacts to an Unnamed Tributary to Green River. The proposal includes the
removal of sediment from the Unnamed Tributary to Green River by manual labor with oversight
from Clearwater Environmental Consultants.
The remedial actions presented in the sediment plan have been found satisfactory and are
approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty (30) days of this approval letter.
Projects disturbing an acre or greater of land covered under an Erosion Control Plan are also
covered under a Construction Stormwater Permit by the Division of Water Quality (DWQ). The
Division of Water Quality Construction Stormwater Permit requires the weekly inspection of
erosion control measures as well as 24 hour notification to DWQ when noncompliance occurs.
Please see the attached permit and inspection forms for future reference.
Sincerely,
'A XV'
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
cc: ARO File Copy
ARO-DLR
SASWP\Polk\Stormwater\NCG01 Construction\RutherfordElectric\RutherfordElectric-SedimentRemovalAPPROVE.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 Naturallff
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

jJJ !r
NcbENR
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, 2010
Ronnie Sloan, Administrator
Haywood Regional Medical Center
262 Leroy George Drive
Clyde, N.C. 28721
Subject: Permit No. WQ0034932
Haywood Regional Medical Center
New Hospice Facility
Wastewater Collection System Extension
Haywood County
Dear Mr. Sloan:
In accordance with your application received August 6, 2010, we are forwarding herewith Permit
No. WQ0034932, dated August 12, 2010, to Haywood Regional Medical Center for the construction
and operation of the subject wastewater collection system extension. This permit shall be effective
from the date of issuance until rescinded, and shall be subject to the conditions and limitations as
specified therein. This cover letter shall be considered a part of this permit and is incorporated therein
by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this
collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
296
Fax 828
2090 US Highway 70,Swannanoa,NC 28778 Telephone (828) -4500 ( )299 704 3
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Haywood Regional Medical Center August 12, 2010 Page 2x,
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 Haywood Regional Medical Center for the construction and operation of approximately 248
linear feet of 8-inch gravity sewer to serve a 12 bed Hospice Facility as part of the New Hospice Facility
project, and the discharge of 1,870 gallons per day of collected domestic wastewater into the Town of
Waynesville's existing sewerage system, pursuant to the application received August 6, 2010 and in
conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February
12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently
filed and approved by the Department of Environment and Natural Resources and considered a part of
this permit.
The sewage and wastewater collected by this system shall be treated in the Town of
Waynesville's Wastewater Treatment Facility (Permit No. NC0025321) prior to being discharged into
the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
4500.
If you need additional information concerning this matter, please contact Don Price at(828) 296-
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Haywood County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025321)
Patrick Bradshaw, P.E. /Civil Design Concepts, PA
Town of Waynesville WWTP
Surface Water Protection Section Central Files
PERCS Files
SASWRHavwoodlCollection SvstemslWavnesville Collection System1W00034932 Haywood Regional Medical Center 08 11 2010.doc
-

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

PERMIT NO.WQ0034932, Haywood Reqional Medical Center New Hospice Facility Havwood Countv August 12 2016
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10, The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

ERMIT NO WQ0034932 Haywood Regional Medical Center New Hospice Facility Haywood County - August 12, 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 12th Day of August, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for ole n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034932
3

PERMIT NO.WQ0034932, Haywood Regional Medical Center New Hospice Facility Haywood County August 12 2010\<,
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to Haywood Regional Medical Center for the construction and operation
of approximately 248 linear feet of 8-inch gravity sewer to serve a 12 bed Hospice Facility as part of the
New Hospice Facility project, and the discharge of 1,870 gallons per day of collected domestic
wastewater into the Town of Waynesville's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
1, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
..........................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
- ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
:................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

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 12, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1437
Inflatable Dome, LLC
Mr. Jesse Johnson
80 Emma Sharp Drive
Mills River,North Carolina 28759
SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION for ENFORCEMENT
Melbourne Ridge-McGuire Road
DWQ Tracking Number: NCR001843
NOV-2010-PC-0858
Stream Standard Violations
Transylvania County
Response deadline: August 27, 2010
Dear Mr. Johnson:
The Division of Water Quality sent you a Notice of Violation dated July 20, 2010 that was
returned as unclaimed, this Notice of Violation replaces the one previously sent.
The Division of Water Quality has received information from the Division of Land Resources
indicating that you and/or your firm have been found in violation of the North Carolina
Sedimentation Pollution Control Act(Act), due to land-disturbing activities at the Melbourne
Ridge Development off McGuire Road for which you are responsible.
Site visits by the Division of Water Quality on May 5, 2010 and July 12, 2010 documented Stream
Standard violations associated with the Melbourne Ridge Development.
VIOLATIONS
I. Stream Standard Violation-Turbidity 15A NCAC 02B .0211 (3)k-the turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU). Turbidity
sample obtained from Dog Creek upstream of the Melbourne Ridge project was 10 NTU
and downstream of the Melbourne Ridge project was 650 NTU.
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 �aturall�
Internet: www,ncwaterqualit .org
An Equal Opportunity 1 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 12, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7515 1420
Dale Hamlin
Carriage Park
2827 Haywood Rd
Hendersonville,NC 28791
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Carriage Park
NOV-2010-SS-0040
Stream Standard Violation- Other Waste (In-stream sediment)
Stream Standard Violation- Removal of Best Usage
Henderson County
Response deadline: September 1, 2010
Dear Mr. Hamlin:
On July 23, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection at Carriage Park along a stream in the vicinity of
Carriage Park Way that flows downstream to a pond located along Mill Pond Way in Henderson
County. Mr. Tim Fox from Henderson County and Mr. Jason Fulton from the N.C. Division of
Land Resources were present.
Stream standard violations were noted during the inspection. Sediment and fill impacts to an
unnamed tributary to Mill Pond Creek(Classified WS-IV) and a downstream, inline pond were
documented. Approximately 500 feet of stream and 0.03 acres of the pond have been impacted.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One L,
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 ��r�//�� �
Internet: www.ncwaterquality.org i "
An Equal Opportunity\Affirmative Action Employer

Dale Hamlin
August 12,2010
Page 2 of
VIOLATIONS
I. Stream Standard Violation -Other Waste (In-stream sediment) 15A NCAC 02B.0211
(3)f-Approximately 500 feet of an unnamed tributary to Mill Pond Creek and 0.03 acres
of the pond (Classified WS-IV)were impacted by sediment deposition from three to twelve
inches in the open stream channel and possibly several feet within the inline basin. The
downstream pond has been impacted by an indeterminate sediment load and turbidity.
These impacts represent Water Quality Stream Standard violations of 15A NCAC 02B
.0211 (3) (f)
II. Removal of Best Usage—15A NCAC 02B.0211 (2)—Approximately 90 feet of an
unnamed tributary to Mill Pond Creek (Classified WS-IV)was impacted by fill(sediment
basin construction including piping), representing Water Quality Stream Standard violation
of 15A NCAC 02B .0211 (2)
Please note: On November 9, 2009, the inline sediment basin was inspected and discussed with
Carriage Park staff. At that time,the basin contained significant sediment and the standpipe was
mostly plugged, causing stormwater flows to bypass the standpipe and flow across the ground
surface causing some erosion around the culvert and discharging sediment to the stream below.
Several options were discussed at the time to remedy the situation:
1. Remove the sediment, standpipe and culvert to restore a normal stream channel.
2. Remove the sediment and standpipe, while leaving the culvert in place for road access.
3. Remove the sediment.
According to the conditions noted on July 23, 2010,no sediment removal or changes in structures
have taken place. The bypassing around the culvert and resultant erosion have worsened and
caused an approximate eight-foot headcut. This erosion has caused the discharge of significant
sediment to the stream and pond.
REQUIRED RESPONSE
This Office requests that you respond in writing within fifteen(15) days of receipt of this Notice.
Your response should be sent to both the attention of Chuck Cranford,Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh,NC 27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please submit a Sediment Removal Plan to this office for review and approval. The
Plan must address removal of accumulated sediment from the unnamed tributary to
Mill Pond Creek and the pond. You must secure an environmental consultant
experienced in stream restoration to assist you with developing your Plan and
obtaining any necessary approvals. It is recommended that your consultant contact
Chuck Cranford of the Asheville Regional Office for additional guidance during
Plan development. The Plan should include:

An
12,2010
oe 3 of 4
• A narrative explaining how sediment will be removed; including,techniques,
equipment,manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
b. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Chuck Cranford.
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)
The inline basin must be removed.
a. Please submit the following documents for review and approval:
• Stream Restoration Plan—The standpipe must be removed and the culvert must
either be removed or re-installed to current certified conditions. Please explain
how you plan to restore the pattern, profile and dimension of the impacted
stream channel. The streambed must be restored to a stable profile and the
stream banks must be stabilized. Replanting of the riparian zone will be
required.
• You must contact the U.S. Army Corps of Engineers(COE) for information on
possible permitting requirements. Depending on the type of permits the COE
requires, application for a 401 Water Quality Certification to DWQ may also be
required.
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished.
• It is required that you contact the Henderson County Erosion Control Division
to ensure that your restoration efforts are in compliance with the Sedimentation
Pollution Control Act and local ordinances.

Dale Hamlin
August 12,2010
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at (828) 296-
4664.
Sincerely,
1�� _� (A
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Tim Fox -Henderson County Erosion Control Division
Tyler Crumbley- USACE
ARO File Copy
Clement Riddle—CEC, Inc.
S:\SWP\Henderson\Complaints\Carriage Park\NOV-2010-SS-0040.8.12.10.doe
A

..,•,A47
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, 2010
Ms. Laurie Ledford Ms. Mary Ruth Queen, #6 Douglas Place
(also owner of#6 Mooreview Dr.) 16 Westridge Drive
12416 Banner Way, Apt. 104 Asheville, North Carolina 28803
Chester, Virginia 23836
Ms. Carol Lathuras Ms. Mary B. Johnson
(Owner of# 10 Douglas Place) #8 Douglas Place
# 3 Commodore Drive, Apt. # 153 Asheville, North Carolina 28803
Emeryville, California 94608
Mark and Josephine Pedersen Don and Aileen Jones
# 12 Douglas Place 11 Erin Street
Asheville, North Carolina 28803 Asheville, North Carolina 28803
Ann and Phillip Player
#7 Douglas Place
Asheville, North Carolina 28803
Subject: Response to NOV-2010-DV-0256
Incident No. 2010002046
Overflowing Sewer
#6 Mooreview Drive
Buncombe County
Dear Sirs and Madams:
Staff of the Asheville Regional Office have been in contact with representative/owner(s)
of#6 Mooreview Drive, # 10 Douglas Place, #8 Douglas Place, #6 Douglas Place and
#7 Douglas Place regarding the privately owned sewer line that runs up and under the
Garage at#6 Mooreview Drive. This same sewer line extends to serve that portion(s)
of Douglas Place, Erin Street, and Westridge Drive. Information also indicates that the
persons receiving this letter make use of one or the other of these lines.
It is our understanding from staff at MSD the `leaking' collection line has been
repaired. Please note that North Carolina General Statute 13A-335(a) says that a
person owning a residence shall provide an approved wastewater system. Continued
dependence on an unreliable sewer places at risk your ability to continue to live in
your house, and can cause an immediate Health threat to those of you using the
unreliable sewer and all adjacent homes to this sewer line.
North Carolina Division of Water Quality,Asheville Regional Office
Location,2090 U,S.Hwy.70,Swannanoa,North Carolina 27107 �7One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1 V ofthCa.xo11.n.a
Internet:www.ncwaterquality.org I,, vaturallrY
An Equal Opportunity 1 Affirmative Action Employer

Response to NOV-2010-DV-0256
Private Sewer Overflow,
Page 2 of 2
As mentioned in the earlier NOV/NOI the Metropolitan Sewerage District of Buncombe
County (MSD) has a Private Sewer Rehabilitation program in which it will take over
ownership and obviously maintenance responsibility of private sewers. We would
suggest that after repair of the existing point of overflow, all persons owning homes
served by the two sewers designate a spokesperson to negotiate with the MSD
regarding their taking over the sewers for purposes of operation and maintenance. After
receipt of information, the MSD will maintain the existing lines until they can be replaced
by a proper sewer line. Each home owner would continue to be responsible for their
own service line, as are all homeowners, but any time a problem develops with the line
taken over by the MSD you would simply call the MSD. Mr. Mike Butler or Mr. Ken
Stines with the MSD may be contacted at 828-254-9646 to discuss their Private Sewer
Rehabilitation program.Please contact Mr. Don Price at 828-296-4500 if you have
questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
xc: Mike Butler, MSD
Ken Stines, MSD
Don Price, ARO
Deborah Gore, PERCS
SAMPMuncombe\Collection Systems\MSD Collection System\NOV 2010 DV 0256 Laurie Ledford Property reply letter doc

,A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 13, 2010
Mr.Thomas E. Hartye, PE
Metropolitan Sewerage District of Buncombe County, North Carolina
2028 Riverside Drive
Asheville, North Carolina 28804-3054
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0308
Permit No. WQCS00004
Metropolitan Sewerage District of Buncombe
County, North Carolina
MSD Buncombe County Collection System
Buncombe County
Dear Mr. Hartye:
A review has been conducted of MSD/Buncombe County Collection System's self reported
Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Metropolitan Sewerage District of
Buncombe County, North Carolina. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00004 and/or G.S. 143-215.1(a)(1). The violation
that occurred is summarized below.
Area Violation Date Description Violation Type
CSO/SSO (Sewer Overflow) 07/28/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0308 59,167 Gallons Without ValidPermit
Incident# 201002279
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 and reply in writing within ten (10) days of receipt of this letter. In your reply please
include copies of your updated SOPs for visitation and security and a copy of the police report
detailing the vandalism. If you should have any questions, please do not hesitate to contact the
Asheville Regional Staff or Janet Cantwell at 828-2964500.
Sincerely,
Roger"C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
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SURFACE WATER PROTECTION—ASHEVILLE REGIONAL ICE One
Location:2090 U.S,Highway 70,Swannanoa,NC 28778 - NofthCarollina
Phone:[phone]\FAX:[phone]\Customer Service. 877-623-6748 Naturally
Internet:www.ncwaterguality.org

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
August 13, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1444
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure, North Carolina 28746-0255
Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0309
Permit No. WQCS00131
Town of Lake Lure
Lake Lure Collection System
Rutherford County
Dear Mr. Braund:
A review has been conducted of Lake Lure Collection System's Sanitary Sewer
Overflow (SSO). This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00131 and/or G.S. 143-
215.1(a)(1). The violation that occurred is summarized below.
Area Violation Description Violation
Date Type
CSO /SSO (Sewer overflow) 07/25/2010 Sanitary Sewer Overflow Discharge
NOV-2010-DV-0309 300,000 Gallons Without Valid
Permit
Incident# 201002208
It was also noted that the required 5-day Report for this SSO has not been
received by this office. Please submit a detailed 5-Day Report ASAP.
One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarofina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �aturallt�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Mr. Chris Braund
August 13, 2010
Page 2
Remedial actions should be taken to correct this problem. The Division of
Water Quality is considering pursuing enforcement action for this violation.
You should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations and respond in writing to this office within 10
days of receipt of this letter. If you should have any questions, please do not
hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: DWQ Asheville Files
DWQ Central Files
PERCS Unit
S:,SWP;Rutherfcrd,Collection SystemslLake Lure Collection System\NOV-20'10-DV-0300.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 13, 2010
Thomas E. Hartye
Metropolitan Sewerage District
2028 Riverside Dr
Asheville, NC 28804-3054
SUBJECT: Bioassay Compliance Inspection
French Broad River WRF
Permit No: NCO024911
Buncombe County
Dear Mr. Hartye:
Enclosed please find a copy of the Bioassay Compliance Inspection conducted on
Jul 20, 2010. The toxicity test passed and no violations of permit requirements or
applicable regulations were observed during this inspection. The facility appeared to be in
Compliance with permit NCO024911.
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
4t
Environmental Specialist
Enclosure
cc: John Michael Kiviniemi, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 North.Carolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 ;Vaturallrf
Internet:www.ncwaterguality.orq
S:\SWP\Buncombe\Wastewater\Municipal\MSD 24911\W W T P\BCI 07-2010.doc

United States Environmental Protection Agency Form Approved.
EPA
Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 IJ 31 NCO024911 111 121 10/07/20 117 18I RI 191.I 201
1- Remarks J LJ �J
2111111111111111111111111111l , IIII t I I I I I I I I I I I 1 1 166
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA --------------------------Reserved---------------------
67I 169 70 LI 711_JD 72 u 73 W 74 751 1 1 1 J L j 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)
10:00 AM 10/07/20 oa/oz/oi
French Broad River WRF
Exit Time/Date Permit Expiration Date
NC Hwy 251
Asheville NC 28814 10:45 AM 10/07/20 10/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Dennis Max Lance/ORC/828-225-8226/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Thomas E Hartye,2028 Riverside Dr Asheville NC 288043054//828-254-96IV
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Facility Site Review
Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s of In ctor(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ /���a
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.
3L NC0024911 I11 12I 10/07/20 I17 181_'
Lfj
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The aquatic toxicity test using composite samples of effluent discharged from French Broad River WRF has
been completed. French Broad River WRF has a permitted effluent discharge of 40.0 million gallons per
day entering the French Broad River(7Q10 of 466.0 CFS). Whole effluent samples were collected on July
20, 2010 and July 23, 2010 by Jeff Menzel for use in a chronic Ceriodaphnia dubia pass-fail toxicity test.
The test using these samples passed. Toxicity test information follows.
Test Type 3-Brood Ceriodaphnia dubia pass-fail
Test Concentrations 12%
Test Results Pass
Control Survival 100%
Control Mean Reproduction 26.1 neonates
Test Treatment Survival 100%
Treatment Mean Reproduction 29.4 neonates
First Sample pH 7.18 SU
First Sample Conductivity 459 micromhos/cm
First Sample TRC <0.1 mg/L
Second Sample pH 7.23 SU
Second Sample Conductivity 478 micromhos/cm
Second Sample TRC <O.1 mg/L
Test results for the above samples indicate that the effluent would not be predicted to have water quality
impacts on the receiving water. No violations of permit requirements or applicable regulations were
observed during this inspection.
Page# 2

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 13,2010
McDowell County
DWQ Project 20100615
NCSR 1771 (Dairy Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr.J. J. Swain,Jr., P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina,28802
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below,for the following impacts in Magazine Branch for
the purpose replacing Bridge No. 156 with a 40 linear foot aluminum box culvert on NCSR 1771 (Dairy Road) in
McDowell County:
Stream Impacts in the Catawba River Basin
Site Permanent Fill Temporary Permanent Temporary Total Stream
in Intermittent Impacts in Fill in Impacts in Stream Impacts
Stream(linear Intermittent Perennial Perennial Impact Requiring
ft) Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft linear ft linear ft
Site 1 0 0 1 40 =60 100 0
Total 0 0 1 40 1 60 100 0
Total Permanent Stream Impacts for Project: 40 linear ft.Total Temporary Stream Impacts for Project: 60 linear ft.
The project should be constructed in accordance with your application dated July 26, 2010 (received July 28, 2010),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S.Army
Corps of Engineers Regional General 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
\ SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
/Location.2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOIthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877.623-6748 '►���r�l//�
Internet: www.ncwaterquality.org �a�/ `
An Equal Opportunity 1 Affirmative Action Employer

Mr.J.J. Swain,Jr., P.E.
August 13,2010
Page Two
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s)of Certification:
1. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the--
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr),
High Quality Waters (HQW), or Water Supply I or II (WSI, WSII)stormwater shall be directed to vegetated
buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm
water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly
discouraged.
5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams
shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48
inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be
met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance
on how to proceed and to determine whether or not a permit modification will be required.
6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms;,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.

,wain,Jr., P.E.
13, 2010
.ge Three
8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
19 A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
22. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stonnwater management rules, soil erosion and
sedimentation control requirements,etc. '
25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
l\26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.

Mr.J.J. Swain,Jr., P.E.
August 13,2010
Page Four
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 LAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
r�
Coleen H. Sullins, Director
Division of Water Quality
cc: Lori Beckwith, USACE,Asheville Field Office
Roger Bryan, Division 13, DEO
Ed Ingle,Roadside Environmental
Dave McHenry,NCWRC
Transportation Permitting Unit
Asheville Regional Office
100615(Swain)NCSR 1771 Dairy Road

-ARA
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1475
Mr. William N. Hughes
Town of Murphy
P.O. Box 130
Murphy,North Carolina 28906-0130
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 NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2010-0264
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$379.50
($312.50 civil penalty+ $67.00 enforcement costs) against the Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Murphy for the month of March 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
March 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Murphy violated the
terms, conditions or requirements of NPDES Permit NCO020940 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 the Town of Murphy:
None Carolina
turally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0020940, 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 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLL
$312.50 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$379.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and,Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention 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

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

of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action..
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Enforcement Files w/attachments
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0264 County: Cherokee
Assessed Party: The Town of Murphy
Permit No.: NC0020940 Amount Assessed: $379.50
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 CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF MURPHY )
PERMIT N0. NC0020940 ) FILE NO. LV-2010-0264
Having been assessed civil penalties totaling $379.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 17, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 17, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1468
Mr, Carson Fisher
Burke County General Services
P.O. Box 1486
Morganton,North Carolina 28680-1486
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00324
Burke County General Services
Burke County Collection System
Case No. DV-2010-0080
Burke County
Dear Mr. Fisher:
This letter transmits an assessment of civil penalty in the amount of$4,067.00 ($4,000.00 civil
penalty+ $67.00 enforcement costs) against Burke County General Services.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow(SSO) 5-Day Report submitted by Burke County General Services. This review
has shown the subject facility to be in violation of the requirements found in Collection System
Permit WQCS00324 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Burke County General Services
violated the terms, conditions or requirements of Collection System Permit WQCS00324 and G.S.
143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the
maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person
who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards,Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Burke County General Services.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Naturally
Internet: www,ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

1 of 1 violation of North Carolina GS-143-215.1 and Permit#
$4,000.00 WQCS00324 for a Sanitary Sewer Overflow of 90,000 gallons of
untreated wastewater from the collection system.
$4,000.00 TOTAL CIVIL PENALTY
$67.00 ENFORCEMENT COST
$4,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention
of.
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to the

.lion of Water Quality at the address listed below. In determining whether a remission request
,pill be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Roger C. Edwards, DWQ Regional Supervisor
2090 US Highway 70
Swannanoa,North Carolina 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the

document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings \
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,NC 27699-1617
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Janet Cantwell of the Water Quality Section staff of the Asheville Regional
Office at 828-296-4500.
4
D to Roger C. Edwards
Water Quality Regional Supervisor
Division of Water Quality
Asheville Region
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Public Information Officer
PERCS Unit Enforcement File w/attachments
s:i.5WP'.BurkcCollecoon S�sten�5;t.Smkc C'o n tl Cofle loon skmenl\M-010-t`,080.do(;

ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
BURKE COUNTY GENERAL SERVICES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BURKE COUNTY COLLECTION SYSTEM )
PERMIT NO. WQCS00324 ) FILE NO. DV-2010-0080
Having been assessed civil penalties totaling $4,067.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 17, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0080 County: BURKE
Assessed Party: BURKE COUNTY GENERAL SERVICES
Permit No.: WQCS00324 Amount Assessed: $4,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation,including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director Dee Freeman
Beverly Eaves Perdue Secretary
Governor
August 17, 2010
Mr. John H Moore, II
Hospital Ave Office Park
3388 Gaither Walker Cir
Lenoir,NC 28645
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-PC-0322
Incident Closure
Caldwell County
Dear Mr. Moore:
The Division of Water Quality(DWQ)has received a response from you dated April 30, 2010
related to the Notice of Violation and Recommendation for Enforcement NOV-2010-PC-0322.
DWQ has reviewed the information provided and conducted a follow-up site visit on August 11,
2010. The written response,the inspections reporting, and the improved measures 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, , )
f, J
1/
Linda Wiggs
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
City of Lenoir Planning
S:\SWP\Caldwell\Stormwater\NCG01 Construction\HospitalAveOffice-NCR002332\NOV Closure.NOV-2010-pc-0332.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
NorthCar olina
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Xinally
Phone:[phone]\FAX:[phone]\Customer Service:1-877.623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

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 17, 2010
William McNeely
LBM Whitewater Quarry
PO Box 40
Sapphire,NC 28774
SUBJECT: LBM Whitewater Quarry
NCG020408
Stream Standard Violation—Turbidity Standard
Transylvania County
Response deadline: September 3, 2010
Dear Mr. McNeely:
On July 21, 2010 Division of Water Quality staff documented a discharge from the LBM quarry located
on HWY 281 in Transylvania County resulting in a violation of State Water Quality Standards. Turbid
discharge was found in the small stream located adjacent to the recently constructed bypass pipe with
>1000 NTU draining directly to the Horsepasture River. At 300 feet downstream of the discharge point
the turbidity in the main body of the Horsepasture River read 65 NTU. At the sampling point selected
by LBM staff for monthly monitoring, approximately 1000 feet downstream of LBM discharge point the
turbidity measured 30 NTU. The upstream sample taken from the bridge over the Horsepasture River
measured 1.7 NTU. The water quality standard for trout streams is 10 NTU.
After conversation with LBM staff, the discharge was determined to be the result of road washing
operations. Dust is obviously a safety concern that needs to be addressed on the public highway.
However,runoff from washing still constitutes a water quality violation. Please respond in writing by
September 3, 2010 explaining how LBM plans to manage road washing operations so as not to violate
water quality standards.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOr thCarohna
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 vVahL L`alllf
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Page Two
LBM Quarry
August 17,2010
The Notice of Violation dated April 6, 2009 issued to LBM is still open and has not been completely
resolved. Please submit, by the above noted response deadline, the monthly monitoring reports to the
Asheville Regional Office that were required in the Notice of Violation, Required Response I.d.. Eight
months of monitoring were required in the Notice of Violation, to date there has been no data submitted
to the Division of Water Quality.
Should you have any questions regarding these matters, please feel free to contact me at [phone].
Sincerely,
Linda Wiggs
Environmental Specialist
Cc: ARO File
ARO-DLR
S:\SWP\Transylvania\Stormwater\NCG02 Mining\NCG020408-LBM\LBM.TurbLTR.Aug2010.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 17, 2010
Chad Ebulon Cabe
Hutch Mountain Estates
100 Kristy Cabe Dr
Fletcher,NC 28732
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-PC-0625
Incident Closure
Henderson County
Dear Mr.Cabe:
The Division of Water Quality(DWQ)has received a Final Report from ClearWater Environment
Consultants, Inc.,related to the subject Notice of Violation and Recommendation for Enforcement.
DWQ has reviewed the information provided, including color photographs. The written response
and the sediment removal results observed 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-
4664.
Sincerely,
Chuck Cranford
Environmental Specia4l
Surface Water Protection Section
cc: Clement Riddle - CEC
Tim Fox—Henderson County
ARO File Copy
S:\SWP\Henderson\Stormwater\NCGOl Construction\Hutch Mountain Estates\CL0.8-13-10.docx
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 ` `L
An Equal Opportunity\Affirmative Action Employer

7A
A,
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 17, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1451
Mr, Nathan D. Benson
Benson Apartments
P.O. Box 1090
Mountain Home,North Carolina 28758
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO066362
Benson Apartments
Benson Apartments WWTP
Case No. LV-2010-0267
Henderson County
Dear Mr. Benson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$504.50
($437.50 civil penalty + $67.00 enforcement costs) against Benson Apartments.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Benson Apartments for the month of April 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0066362. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Benson Apartments violated the
terms, conditions or requirements of NPDES Permit NCO066362 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Benson Apartments:
NorthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
,/L Internet:www.ncwate[guality.org

0 of the 1 violations of G.S, 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD- Cone.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0066362, 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.
$125.00 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215,1(a)(6) and NPDES Permit No.
$312.50 NC0066362, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for N113-N.
$437.50 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$504.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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:
l. 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
f� 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)

.1.
\`.
1
C
`t
`�
__._

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 17, 2010
Lee Smith
City of Hendersonville
PO Box 1760
Hendersonville NC 287931760
SUBJECT: Pretreatment Audit Inspection
Hendersonville WWTP
Permit No: NCO025534
Henderson County
Dear Mr. Smith:
Enclosed please find a copy of the Pretreatment Audit Inspection Report from the
inspection which I conducted of the City of Hendersonville's approved pretreatment
program, on July 27, 2010. The program was found to be in Compliance with permit
NCO025534 and applicable pretreatment regulations. It should be noted that a review of
the City's 2009 Pretreatment Annual Report (PAR) has also been completed with no
problems noted.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided during the inspection by Bill Ashbrook and Scott
Chovan was greatly appreciated. If you or your staff has any questions, please do not
hesitate to call me at 296-4500.
Sincerely,
Keith Haynes
Envronmental Sr. Specialist
Enclosure
cc: William J Ashbrook
PERCS Files
Asheville Files
S:;SWP\Henderson\Wastewater\MLinicipal\Hendersonville WWTP 25534\7-27-10audit letter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748 ;Vatma!lty
Internet:www.ncwaterauality.orgju%-

United States Environmental Protection Agency Form Approved.
A Washington,D.C.20460 OMB No.2040-0057
E
H Water Compliance inspection 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 1 cl 3' NCO025534 ( 11 121 10/07/27 117 181 pl 191 Si201 I
-f Remarks L! -1
211111111111111111111111111IIIIIIIIIIIIIII III II116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------—------------------Reserved---------------------
67 69 70 U 71 U 72!N� 73I W' '74 751 I I ' I I I 1 80
Section B: Facility Data -� 4
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)
08:45 AM 10/07/27 06/06/01
Hendersonville WWTP
80 Balfour Rd Exit Time/Date Permit Expiration Date
Hendersonville NC 28792 12:20 PM 10/07/27 10/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
William Ashbrook///
William J Ashbrook/ORC/828-884-5544/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Lee Smith,PO Box 1760 Hendersonville NC 287931760//828-697-1707/ Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Pretreatment
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ � .
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ° ARO WQ//828-296-45C0/ h
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3� 11 12 17 18
NCO025534 II 10/07/27 I �
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
See attached Audit form for details.
1
Page# 2

A
=- - NORTH CAROLINA DIVISION OF WATER QUALITY
CDENR PRETREATMENT AUDIT REPORT
Background Information [Complete prior to audit; review Program Info Database Sheet(s)]
1. Control Authority(POTW)Name: City of Hendersonville
2. Control Authority Representative(s):Bill Ashbrook
3. Title(s):Environmental Services Coordinator
4. Address of POTW:
Mailing PO Box 1760
City Hendersonville Zip Code 28793
Phone Number 697-3057 Fax Number E-Mail bashbrookna,cityofhendersonville.org
5. Audit Date 7/27/10
6. Last Inspection Date: 9/21/09 Inspection Type: ®PCI ❑Audit
7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®Yes ❑ No
If No,Explain.
8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ❑Yes ® No
If Yes,Explain.
9. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes ® No
Order Type and Number: Are Milestone Dates Being Met? ❑Yes ❑ No ❑ NA
Parameters Covered Under Order
PCs(WENDB)CodinS
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type
INIC10 IO I2 I5 15 13 I4 I I7 I27I10I LCJJ LS-1 L
(DTIA) (TYPI) (INSP) (FACC)
_10:....Current Number of Significant Industrial Users(SIUS)?............................................................................................................................. 3 SIDS
.................................
.11. .Current Number of Categorical Industrial Users(CNS)? 2 .............CIUS
....................
12. Number of SIUs Not Inspected,by POTW in Last Calendar Year? 0
.................................................................................................................................................. .................................
13. Number of SIUs Not Sampled by POTW in Last Calendar Year? 0
................................................................................................................................................... .................................
14. Enter Higher Number of 12 or 13 0 NOIN
. ................................................................................. ..................................................................................................................................................................... .................................
_15:...Number of SIUs with No IUP,..or with an.Expired IUP........................................:..... ..............................................................I............................ 0 NOCM
.................................
16. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of Last 2 0 PSNC
Semi-Annual Periods Total Number of SIUs in SNC.. ....................................................................................................................
.....................................................�.................................................................................._ ..............
17. Number of SIUs in SNC for Reporting During Either.of Last.2 Semi-Annual Periods 0 MSNC
...................................................................................................... ...........................................................................................................
18. Number of SIUs in SNC for Limits Violations During-Either of Last 2 Semi-Annual Periods 0 SNPS
.................................................................................................................................................... ........................
19. Number of SIUs in SNC for Both Reporting and Limits Violations During Either of Last 2 0
Semi-Annual Periods
..............................................................................
20. Number of SIUs in SNC for Self-Monitoring Requirements that.were-Not Inspected or Sampled 0 SNIN

21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW has copy oi.,
Element in their File,complete with all supporting documents and PERCS proval Letter,and dates consistent with Pro ai,
Program Element Last Submittal Last Approval Date Next
Date In file? Date In file If Applicable,.
Headworks Analysis(HWA) 2/11/08 ®Yes❑ No 7/25/08 ®Yes❑ No 3131113
Industrial Waste Survey(IWS) 2/20/09 ®Yes❑ No 3/30/09 ®Yes❑ No 1011113
Sewer Use Ordinance(SUO) 7/12/07 ®Yes❑ No 11/6/07 ®Yes❑ No -
Enforcement Response Plan(ERP) 12/14/01 ®Yes ❑ No 1/28/02 ®Yes❑ No -
Long Term Monitoring Plan(LTMP) 1/17/02* ®Yes❑ No 1/18/02 ®Yes❑ No -
Legal Authority(Sewer Use Ordinance-SUO)
22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction?
®Yes❑ No If yes,Please list these towns and/or areas.Cane Creek Sewer District
23. If yes to#22,Do you have current Interjurisdictional Agreements(IJAs)or other Contracts? ®Yes❑ No ❑NA
A copy,if not already submitted, should be sent to Division. Locate Copy
24. If yes to#22,Have you had any trouble working with these towns or districts? ❑Yes® No ❑NA
If yes,Explain.
25. Date of Last SUO Adoption by Local Council 6/7/07
26. Have you had any problems interpreting or enforcing any part of the SUO? ❑Yes® No
If yes,Explain.
Enforcement(Enforcement Response Plan-ERP)
27. Did you send a copy of the ERP to your industries? ®Yes❑ No
If no,POTW must send copy within 30 days.
28. Have you had any problems interpreting or enforcing any part of the ERP(i.e. any adjudication,improper enforcement,etc?
❑Yes® No If yes,Explain.
29. List Industries under a Schedule or Order and Type of Schedule or Order
None
Resources
30. Please Rate the Following: S=Satisfactory =Mar inal U=Unsatisfactory
Ratin Explanation,if Unsatisfacto
Personnel Available for Maintaining
ry
POTW's Pretreatment Program ®S❑M❑U
Access to POTW Vehicles for
Sampling,Inspections,and ®S❑M❑U
Emergencies
Access to Operable Sampling
Equipment ®S❑M❑U
Availability of Funds if Needed for
Additional Sampling and/or Analysis ®S❑M❑U
Reference Materials
®S❑M❑U
Staff Training(i.e.Annual and
Regional Workshops,Etc.) ®S❑M❑U
Computer Equipment(Hardware and
Software) ®S❑M❑U
AT11 TNNITn A-A:a.

rOTW have an adequate data management system to run the pretreatment program? ®Yes❑ No
-d Yes or No. Computers
How does the POTW recover the cost of the Pretreatment Program from their industries?Explain.
Billing for outside lab costs.
Public Perception/Participation
33. Are there any local issues affecting the pretreatment program (e.g.. odor,plant closing,new or proposed plants)?
❑Yes ® No If yes,Explain.
34. Has any one from the public ever requested to review pretreatment program files? ❑Yes ® No
If yes,Explain procedure.If no,How would the request be addressed?File review in office
35. Has any industry ever requested that certain information remain confidential from the public? ❑Yes® No If yes,Explain
procedure for determining whether information qualified for confidential status,as well as procedure for keeping files confidential
from public. If no.how would the request be addressed?
36. In addition to annual inspection,does the POTW periodically meet with industries to discuss pretreatment? ®Yes❑ No
37. Is the public notified about changes in the SUO or Local Limits? ❑Yes ® No
38. Were all industries in SNC published in the last notice? ❑Yes❑ No None to publish
Permitting(Industrial Waste Survey-IWS)
39a...How does the POTW become aware of new or changed Users?Small town—through water department
39b.Once the POTW becomes aware of new or changed Users,how does the POTW determine which industries have the
reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an
SIU?)IWS short form
40. Does the POTW receive waste from any groundwater remediation projects(petroleum,CERCLA)or landfill leachate?
®Yes❑No If Yes,How many are there?One
Please list each site and how it is permitted,if applicable.GE
41. Does the POTW accept waste by(mark if applicable) ® Truck []Dedicated Pipe ❑NA Septage only
42. If the POTW accepts trucked waste,what controls are placed on this waste? (example.designated point,samples drawn,
manifests required)designated point
43. How does the POTW allocate its loading to industries?Mark all that apply
❑Uniform Limits ®Historical Industry Need ❑By Surcharge ® Categorical Limits ❑Other
Explain Other:
44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑Yes® No
If yes,What parameters are over allocated?
45. If yes to#43,What is being done to address the over allocations?(short-term IUPs,HWA to be revised,pollutant study,etc.)
N/A
46. Does the POTW keep pollutant loading in reserve for future growth/safety? ®Yes❑ No
If yes,what percentage of each parameter BOD 37% others up to 90%
47. Has the POTW experienced any difficulty in allocation?(for example: adjudication by an industry) ❑Yes ® No
If yes,Explain.
48. How does the POTW decide on which pollutants to limit in the permits?Monitor for? (for example:were only those pollutants
listed on the application limited;categorical parameters;NPDES Pollutants of Concern)
NPDES and categorical
49. How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits? Explain.
Specific issues SIU or categorical
TT('T)W(1 P—trpw—t A—lit Rnr.., RP..;cvA• 1, 1,•?S 7(lil•7 P�no 2

Permit Compliance
50. Does the POTW currently have or during the past year had any permits under adjudication? ❑Yes® No
If yes,which industries? What was(will be)the outcome of the adjudication?
51. Demonstrate how the POTW judges compliance.This should include compliance judgment on all violations of limits,reporting
requirements,and permit conditions,as well as for SNC.During inspections,spreadsheet and also reviews data as it is
submitted
52. Does the POTW use the Division's model inspection form or equivalent? ®Yes❑ No
If no,does the POTW form include all DWQ data? ❑Yes❑ No
53. Were all SlUs evaluated for the need of a slug/spill control plan during their most recent inspections? ®Yes❑ No
If no,Explain.
54. What criteria are used to determine if a slug/spill control plan is needed?
Based on chemicals/materials stored on site.
55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate?
Revised every three years and does it meet federal requirements
56. How does the POTW decide where the sample point for an SIU should be located?
Making sure it is located where it gets only the process waste stream
57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time?
(example:correct location; proper programming of sampler; clean equipment;swirling the sample bucket uniformly)
POTW: ®Yes❑ No SIU: ®Yes❑ No If yes,Explain.Observation and go over proper procedures
58. Who performs sample analysis for the POTW for Metals PACE
Conventional Parameters In house
Organics PACE
59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples.
Standard SOP for COCs L,
Long/Short Term Monitoring Plan(L/STMP)and Headworks Analysis(HWA)
60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO
60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO
60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO
60d. All LTMP/STMP effluent data on Discharge Monitoring Report(DMR)?®YES❑NO
60e. If NO to any above,list violations
60f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ® YES ❑NO
If yes,which ones?Eliminated:mentioned on permit renewal Added:
61. Do you complete your own headworks analysis(HWA)? ®Yes❑ No
If no,Who completes your HWA? Phone(_� --
62. Do you have plans to revise your HWA in the near future? ❑Yes® No
If yes,What is the reason for the revision?(mark all that apply) []Increased average flow ❑NPDES limits change
❑More LTMP data available ❑Resolve over allocation ®5 year expiration ❑Other
Explain.
63. In general,what is the most limiting criteria of your HWA? ❑Inhibition ®Pass Through ❑Sludge Quality
64. Do you see any way to increase your loading in the future(Example:obtaining more land for sludge disposal)? ❑Yes® No
Explain.
Summary
65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment?
No
'.ir MAY)Pr tr .t—, t e,,,1;t Fn., PA.,—A- i„i.,1c Wnn, D,.,.,,4

1.USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS AND 1 IU INSPECTION)
Ame 1.General Electric 2.Kimberley Clark 3. Coates America
,,e Number 1 2 3
'Does File Contain Current Permit? ❑Yes ❑ No ❑Yes ElNo El Yes ❑ No
-9. Permit Expiration Date 12-31-13 12-31-13 12-31-13
--A. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 433 none none
71. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ®Yes ❑ No ®Yes ❑ No
to Permit Issue Date? �—
72. Does File Contain Inspection Completed Within Last Calendar Year? I M Yes ❑ No ®Yes ❑ No ®Yes ❑ No
73. a.Does File Contain Slug/Spill Control Plan? a. ®Yes❑No a.®Yes❑No a. ®Yes[]NO
b.If No,is One Needed?(See Inspection Form from POTW) b. []Yes❑No b. ❑Yes❑No b. ❑Yes❑No
74. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ®Yes❑No❑N/A ❑Yes❑NoSN/A F❑Yes❑NoSN/A
Organic Management Plan(TOMP)?
75. a.Does File Contain Original Permit Review Letter from Division? a. ®Yes❑No a.NYes❑No a.®Yes❑No
b.All Issues Resolved? b.®Yes❑No❑N/A b.®Yes❑No❑N/A b.®Yes❑No❑N/A
76. During Most Recent Semi-Annual Period,Did POTW Complete its ®Yes ❑ No ®Yes ❑ No ®Yes ❑ No
Sampling as Required by IUP,including Flow?
77. Does File Contain POTW Sampling Chain-Of-CustodyForms? ®Yes El No ®Yes El 'No ®Yes ❑ No
78. During Most Recent Semi-Annual Period,Did SIU Complete its ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A
Sampling as Required by IUP,including Flow?
79. During Most Recent Semi-Annual Period,Did SIU submit all reports on ®Yes❑No❑N/A ❑Yes❑NoON/A ®Yes❑No❑N/A
time? I L I
80a.For categorical IUs with Combined Wastestream Formula(CWF),does ®Yes❑No❑N/A ❑Yes❑NoSN/A ®Yes❑No®N/A
file includeprocess/dilution flows as Required by IUP?
80b.For categorical IUs with Production based limits,does file include ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑NoSN/A
production rates and/or flows as Required by IUP? [-
81. During Most Recent Semi-Annual Period,Did POTW Identify All ®Yes ❑ No ®Yes ❑ No ®Yes ❑ No
_ Limits Non-Compliance from Both POTW and SIU Sampling?
`. During Most Recent Semi-Annual Period,Did POTW Identify All ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑NoSN/A
Re ortin Non-Com liance from SIU Sampling?
83. a.Was POTW Notified by SIU(Within 24 Hours)of All Self- azYes❑No®N/A a.❑Yes❑No®N/A a.❑Yes❑No®N/A
Monitoring Violations?
b.Did Industry Resample and submit results to POTW within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No®N/A
c.If applicable,did POTW rsample and obtain results within 30 days of c.❑Yes❑No®N/A c.❑Yes❑No®N/A c.❑Yes❑No®N/A
becomingaware of SIU limit violations in the POTW's sampling of SIU?
84. During Most Recent Semi-Annual Period,Was SIU in SNC? ❑Yes ® No ❑Yes ® No ❑Yes ® No
85. During Most Recent Semi-Annual Period,Was Enforcement Taken as ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑NoSN/A
Specified in POTW's ERP(NOVs,Penalties,timing,etc.)?
86. Does File Contain Penalty Assessment Notices? ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑NoSN/A
87. Does File Contain Proof Of Penalty Collection? ❑Yes❑NoSN/A ❑Yes❑NoSN/A �pYes❑NoSN/A
88. a.Does File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No®N/A a.❑Yes❑No®N/A
b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No®N/A
89. Did POTW Representative Have Difficulty in Obtaining Any Requested ❑Yes ® No ❑Yes ® No ❑Yes ® No
Information For You?
FILE REVIEW COMMENTS:
The files were found to be in very good order.
TT!`llQ7n U.•o+-'o„r.+,a..t n„A;r F.,.... Aa.,:�oA• T„1-?4 10A 7 Paoa 5

INDUSTRY INSPECTION PCS CODING:
Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac. 1�
INIC101012151513141 L7 1271 ioJ
CC
�'
1.Industry Inspected: Kimberly-Clark (DTIA) (TIPI) (INSP) (FA ;,_
2.Industry Address: 32 Smyth Avenue Hendersonville
3. Type of Industry/Product: personnel hygiene products
4.Industry Contact: Michael Baldwin Title: Env.Coordinator Phone: [phone] Fax:
5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®Yes ❑ No
6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly?
Comments:
A. Initial Interview ®Yes ❑ No
B. Plant Tour ®Yes ❑ No
C. Pretreatment Tour ®Yes ❑ No
D. Sampling Review ®Yes ❑ No
E. Exit Interview ®Yes ❑ No
Industrial Inspection Comments:
Very thorough inspection.
Audit SUMMARY AND COMMENTS:
Audit Comments: All required paperwork was found to be in good order
Requirements:
Recommendations: Keep up the rood work
NOD: ❑Yes ® No
NOV: ❑Yes ® No
QNCR: ❑Yes ® No
POTW Ratine:
Satisfactory ❑ Marginal ❑ Unsatisfactory❑
Audit COMPLETED BY: Keith Havnes DATE:July 27,2010
Asheville Regional Office
NET('T)W()PTPI(PSI}YII f A...4;t P— T?o..—A- T. I.:7+. 10W7 n c

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 18,2010
Mr. J. J. Swain, Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 221
DWQ Project 08-1809
Individual Certification No. 3784
TIP Nos. R-2233A
Rutherford County
Dear Mr. Swain:
On August 9, 2010, I inspected the construction work on the US Highway 221 Project in Rutherford County.
Clearing and grubbing work continues along with grading, culvert construction and work on the Broad River
Bridge.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also, please refer to the attached inspection report for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens,PE
Roger Bryan, Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221 August 2010 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarolina
Internet:www ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employer

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker —� Date: August 9,2010
County: Buncombe Region: Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 20081809 NW Permit#: IP#: 3784—�
Project Name: TIP No.R-2233A
Location of Project: The project is located on US Highway 221 approximately 3 miles south of the
intersection of US Highway 74 and US Highway 221 in Rutherford County.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E&S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
X❑ Other Fill
Additional Wetland Impacts: ❑yes ❑ no Estimated Acres —�
❑ Zone 1 Est Acres 1 ❑ Zone 2 Est Acres —�
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact: I —
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt []Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Broad River, Floyds Creek
Basin/Subbasin: CTB 030802
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB
XF Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV [:ISA ❑CA
Type of Authorized Impact: XF]Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
XORiprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: X00— 1/1Oth acre ❑1/11th to 1/3rd acre
0.02 acres ❑1/3 rd to 1.0 acre F�> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X[-1> 150 linear feet
2,686 linear feet
Some clearing and grubbing work is continuing. Grading continues on both sides of the Broad River and
construction work is underway for the new Broad River Bridge. Also,work has started on culverts.
At the Broad River Bridge project it appeared that one of the permanent casing had not been seated properly and
drill slurry was escaping into the River. Please ensure that all drilling operations are in compliance with 401
Certification conditions.
Project appeared to be in good condition.
Continue to maintain erosion control devices and continue with seeding and mulching as required.
R2233A Inspection Report August 2010

'A
HCU R
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, 2010
Mr. Charles Vines
Town of Bakersville
P.O. Box 53
Bakersville, North Carolina 28705
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0102
Permit No. NCO025461
Bakersville WWTP
Mitchell County
Dear Mr. Vines:
A review of Bakersville WWTP's monitoring report for April 2010 showed the following violation:
Parameter Date Measuring Frequency Violation
pH 04/30/2010 Twice.Monthly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ ORC
S iSWP;MitchelllWastewaterOMunicinal',254e,1 B;akersville\NCV-2010-MV-0102 doc. 1co ehCarolina
latura!!rl
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

HCU R
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, 2010
Mr. Wittner Wright
Havon Inc.
P.O.Box 1180
Candler, North Carolina 28715
Subject: NOTICE OF VIOLATION
NOV-2010-LM-0023
Permit No. NCO075388
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for April 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M- 04/29/10 400#/100ml 560#/100ml Daily Maximum
FC Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the above
subject violation, it is not requested that a response be submitted: however, should you have additional
information concerning the violations or comments which you wish to present, please submit them to the
attention of Janet Cantwell
— --- The following parameters for the permit were not monitored:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru Week ending: Weekly Failure to Monitor
treatment plant 04/03/2010
Temperature Week ending: Weekly Failure to Monitor
04/03/2010
pH Week ending: Weekly Failure to Monitor
04/03/2010
NoRhCarolina
Natura!!ry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.or4 FAX [phone] 1-877-623-6748

Mr. Wittner Wright
August 18, 2010
Page 2
If the above parameters were left off inadvertently, please send an amended DMR to Raleigh at
the address found on the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
271
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James &James Environmental/ORC
S ISWP\Buncombe\WastewaterlMiriorstHavon-Pleasant Cv-Canterbury 5388 NOV-2010-t.M-0023 doc

A�
_
4,
i�_ ��
if
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, 2010
Mr. Robert M. Sams
Town of Mars Hill
PO Box 368
Mars Hill NC 28754-0368
SUBJECT: Compliance Evaluation Inspection
Mars Hill WWTP
Permit No: NCO057151
Madison County
Dear Mr. Sams:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on July 30, 2010. No violations of permit requirements or applicable regulations were
observed during this inspection. The facility appeared to be in Compliance with permit
NC0057151.
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
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org "
S:\SWP\Madison\Wastewater\Municipal\Mars Hill WWTP 57151\57151 CEI 2010.doc

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 ICI 2 I51 31 NCO057151 I11 12I 10/07/3o I17 181�I 191.GI 20�
1 Remarks lJ IJ J
21111111111111 Jill 11111111111111IIIIIIIIIIIIII1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved---------------------
67 69 70( 31 711U 721 N 73�74 751 1 1 1 1 I 1 �80
t— Section B: Facility Data u
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:30 AM 10/07/30 05/11/01
Mars Hill WWTP
NC Hwy 213 W Exit Time/Date Permit Expiration Date
Mars Hill NC 28754 11:00 AM 10/07/30 10/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Robert M Sams/ORC/828-689-2301/
Name,Address of Responsible Officiai/ritle/Phone and Fax Number
Contacted
Robert M Sams,PO Box 368 Mars Hill NC 287540368//828-206-2386/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Flow Measurement Operations&Maintenance Records/Reports
Self-Monitoring Program Sludge Handling Disposal 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) Inspe r(s) Agency/Office/Phone and Fax Numbers JJJ Date
Jeff Menzel ARO WQ//828-296-45C0/ 7/d
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

NPOES yr/mo/day Inspection Type 1
3I NCO057151 I11 12I 10/07/30 117 18' _'
Li
Section D. Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
This facility appeared to be operating well. No violations of permit requirements or applicable regulations
were observed during this inspection.
Page# 2

Permit: NCO057151 owner-Facility: Mars Hill wWTP
Inspection Date: 07/30/2010 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Facility has copy of previous year's Annual Report on file for review? 0 n 0 n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual n
b.Mechanical
Are the bars adequately screening debris? ❑ n n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? Q no o
Is the unit in good condition? n n
Comment:
Aeration Basins Yes No NA NE
Ext.Air
Mode of operation
Diffused
-- Type of aeration system
Is the basin free of dead spots? n Q n
Are surface aerators and mixers operational? ■ ❑ n ❑
Are the diffusers operational? 0 Q 00
Is the foam the proper color for the treatment process? n ❑ ❑
Does the foam cover less than 25%of the basin's surface? ❑ n ❑
Is the DO level acceptable? ❑ ❑ n 0
is the DO level acceptable?(1.0 to 3.0 mg/1) Q n n 0
Comment:
Yes No NA NE
Secondary Clarifier
Is the clarifier free of black and odorous wastewater? Q 0 0
Is the site free of excessive buildup of solids in center well of circular clarifier? n n n
Are weirs level? 0 n
Is the site free of weir blockage? n n ❑
Is the site free of evidence of short-circuiting? ❑ El
Is scum removal adequate? ❑ n n
Is the site free of excessive floating sludge? ❑ n n
Page# 4

Permit: NCO057151 Owner-Facility: Mars Hill WWTP
Inspection Date: 07/30/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑
Is all required information readily available,complete and current? ■ ❑ ❑ ❑
Are all records maintained for 3 years(lab, reg. required 5 years)? ■ ❑ ❑ ❑
Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑
Is the chain-of-custody complete? ■ ❑ 0 n
Dates,times and location of sampling ■
Name of individual performing the sampling ■
Results of analysis and calibration ■
Dates of analysis ■
Name of person performing analyses ■
Transported COCs ■
Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑
Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ■ ❑ ❑ ❑
Is the ORC visitation log available and current? ■ ❑ ❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ Cl
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑
Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑
Page# 3

Permit: NCO057151 owner-Facility: Mars Hill WWTP
Inspection Date: 07/30/2010 Inspection Type: Compliance Evaluation
Yes No NA NE
Secondary Clarifier
Is the drive unit operational? E ❑
Is the return rate acceptable(low turbulence)? m ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? M 0 Q 0
Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) 0
Comment:
Yes No NA NE
Disinfection-Gas
Are cylinders secured adequately? O 0 Q ❑
Are cylinders protected from direct sunlight? ❑ ❑ 0
Is there adequate reserve supply of disinfectant? ❑ 11 Q
Is the level of chlorine residual acceptable? 0 Q 0
Is the contact chamber free of growth,or sludge buildup? Q 0 0
Is there chlorine residual prior to de-chlorination? Q 0 Q
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? Cl ❑ 0 0
If yes,then is there a Risk Management Plan on site? 0 n 0 Q
If yes,then what is the EPA twelve digit ID Number?(1 000- - )
If yes,then when was the RMP last updated?
Comment: The facility has plans to switch over to a liquid feed system which will be
safer to operate.
Yes No NA NE
De-chlorination
Gas
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? Q Q E
Is storage appropriate for cylinders? 0 ❑ Q
#Is de-chlorination substance stored away from chlorine containers? 0 0 Q
Comment:
Are the tablets the proper size and type? ❑ ❑ n
Are tablet de-chlorinators operational? 0 ❑ 0
Number of tubes in use?
Comment:
Yes No NA NE
Effluent Sampling
Is composite sampling flow proportional? ❑
Page# 5

Permit: NG0057151 Owner-Facility: Mars Hill w1NTP
Inspection Date: 07/30/2010 Inspection Type: Compliance Evaluation
Effluent Sampling Yes No NA NE
Is sample collected below all treatment units? ■ ❑ ❑ 0
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)? ■ ❑ ❑ ❑
Comment:
Upstream/Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit(frequency,sampling type, and sampling location)? ■ ❑ ❑ ❑
Comment: During the spring and summer months the path to the upstream sampling
point should be maintained.
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: At the time of inspection there were no observable impacts to the receiving
stream.
Page# 6

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 18, 2010
Mr.J. B. Setzer, P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection-US Highway 64
DWQ Project 08-0396
TIP No. A-0011 BB
Clay County
Dear Mr. Setzer:
On August 11, 2010, 1 inspected the construction work on US Highway 64 in Clay County and the project
appears to be in compliance with the requirements of the 401 Certification. Construction work consists of
heavy grading, pipe installation and paving. The erosion and sedimentation control structures,vegetative
covering, and matting appear to be working properly. There are some areas where sediment control structures
need cleaning and seeding and mulching should be conducted.
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: W. Trent Anderson
Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setzer)US Highway 64 Inspection Letter August 2010
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterauality.ora �/ V 11�ahuyra i/y
An Equal Opportunity\Affirmative Action Employer L "

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative:F Michael R. Parker Date: August 11,2010
County: I Clay � Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-0396 = NW Permit#: = IP#:
Project Name: U S Highway 64 Widening A-0011 BB
Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ Zone 1 Est Acres 71 ❑ 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 xDNon-Isolated (Waters of US)
Stream Class: XE]Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
XOClass C ❑ORW []Trout ❑WS-III ONSW
❑HQW ❑WS-I ❑WS-iV ❑SA ❑CA
Type of Authorized Impact: X[QCulvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
XORiprap Inlet/Outlet Stabilization XnFill
Authorized Wetland Impacts: Xn0— 1/IOd'acre ❑1/1 Vh to 1/3rd acre
❑1/3 rd to 1.0 acre 0> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet XQ> 150 linear feet
Additional comments:
Reviewed project with DOT staff. Grading and pipe work is continuing. Paving has started on the west end of
the project. Sediment and erosion control structures appear to be working properly;however,some basins and
sediment control structures are need of cleaning. Seed and/or matt areas that are needed.
Continue to maintain erosion control devices and continue with seeding and matting as required to protect State
surface waters.
US Highway 64 Inspection August 2010

"41
A �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 19, 2010
Ben Griffin
606 College Ave SW
Lenoir,NC 28645
Clay and Janette Bollinger
4600 Hickory Nut Ridge Rd.
Granite Falls,NC 28630
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-CV-0003
Incident Closure
Caldwell County
Dear Messrs. Griffin and Bollinger:
The Division of Water Quality (DWQ)has received the North Lakes Estates Final Report and 401 Permit
'';application from Gateway Grading and Development,related to the Notice of Violation and Recommendation
for Enforcement NOV-2010-CV-0003.
DWQ has reviewed the information provided and conducted a follow-up site visit on August 11, 2010. The
written response, 401 permit and the sediment removal 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 [phone].
Sincerely,
f/
d
Linda Wiggs
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Division of Land Resources
Army Corp of Engineers
Caldwell County Planning
Gateway Grading-Kipp Turner(e-copy)
SASWP\Caldwell\Stormwater\NCG01 Construction\N.Lk-Griffin-Bollinger\NOV-2010-ev-0003 Closure.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NorthCarol>ina
Phone:[phone]\FAX:[phone] Customer Service:1-877-623-6748 a'�N��`yr�l/�
Internet: www.ncwaterquality.org �/►�
An Equal Opportunity\Affirmative Action Employer

IFFAA
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 19, 2010
Jonathan and Kathleen Grayson
4020 NC HWY 226
Bostic,NC 28018
Robert C. Grayson and °)
Harold S. Grayson >`
223 Red Bud Laney,
Bostic,NC 28018 .
SUBJECT: NOTICE OF VIOLA
Grayson Creek Site -`
NOV-2010-OP-0038
`. Failure to Secure a 401 Water Quality Certification
Stream Standard Violation- Other Waste (In-stream sediment)
Rutherford County
Response deadline: September 7,2010
Dear Property Owners:
On July 27, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at 4020 Highway 226 in Rutherford County.
401 Water Quality Certification and stream standard violations were noted during the inspection
and file review. Streambank and sediment impacts to Grayson Creek (Class C; Trout waters)were
documented. Approximately 460 feet of streambanks had been graded and sediment several inches
deep had been discharged to the stream.
VIOLATIONS
I. Failure to Secure a 401 Water Quality Certification
Impacts occurred without a 404 Permit from the U.S. Army Corps of Engineers and
corresponding 401 Water Quality Certification from DWQ.
II. Stream Standard Violation- Other Waste (In-stream sediment) 15ANCAC 02B .0211
(3)f—Approximately 460 feet of Grayson Creek(Class C;Trout waters) was impacted by
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCaroluza
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org atura!y
An Equal Opportunity I Affirmative Action Employer

Grayson Site
August 19,2010
Page 2 of 3
sediment deposition measured to be several inches deep throughout the stream reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
REQUIRED RESPONSE
This Office requests that you respond in by September 7, 2010. Your response should be sent to
both 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. 401 Water Quality Certification
o Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
o Provide a proposed schedule of when you expect to have the required Pre-
Construction Notification(PCN) for a 401 Water Quality Certification submitted to
DWQ. The PCN may be downloaded here:
htq2://www.saw.usace-ain-ly.mil/WETLANDS/2 cn/
o 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.
o Satisfactory stream restoration requires planting in accordance with the EEP
Publication"Guidelines for Riparian Buffer Restoration". This document is
available electronically at http://www.neeo.net/news/reports/bgffers.pdf.
11. Stream Standard - Other Waste (In-Stream Sediment)
a. Please include a Sediment Removal Plan(Plan)within the PCN you submit to this
office for review and approval. The Plan must address removal of the accumulated
sediment from Grayson 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 development,permit application and authorization necessary to achieve
compliance. It is recommended that your consultant contact Chuck Cranford of the
Asheville Regional Office for additional guidance during restoration plan
development. The Plan should include the following:
• A narrative explaining how sediment will be removed; including,techniques,
equipment,manpower and tools to be used.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.

2010
of 3
A diagram of the stream channel, referenced with photo documentation of
sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
b. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at(828) 296-
4664.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Darlene Kucken- Division of Land Resources
Liz Hair- USACE
Rutherford County Planning
S:\SWP\Rutherford\Complaints\Redbud Lane\NOV-2010-OP-0038.doe

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 19, 2010
Ben Griffin
Clay Bollinger
606 College Ave SW
Lenoir,NC 28645
Subject: 401 Water Quality Certification - Approval
North Lake
DWQ Project# 10-0622
Caldwell County
CTB /UT Lake Hickory /WS-IV CA; B
Dear Messrs. Griffin and Bollinger:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
''approval has been granted for the 80 feet of stream impacts for the purpose of subdivision road construction at
--the subject property. This approval requires you to follow the conditions listed in the attached Certification
and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3821. This Certification allows
you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to)Erosion and Sediment Control and stormwater
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 80 (feet) S 1 P
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] l Customer Service:1-877-623-6748 NorthCarofina
Internet:www.ncwaterquality.org Natmallty
An Equal Opportunity 1 Affirmative Action Employer �lL `

Griffin/Bollinger
August 19,2010
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 Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
`lti®c CaJc�t;A 5
Coleen H. Sull'ns, Director
CHS11sw
Enc: GC3821
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Caldwell\401s\Non-DOT\North Lakes\NLakes.Approval.Aug20lO.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, 2010
Mr. Jerry G. McKinney
Coats American Inc.
P.Q. Box 368
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0110
Permit No. NC0004243
Sevier Plant WWTP
McDowell County
Dear Mr. McKinney:
A review of Sevier Plant's monitoring report for April 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment 04/30/2010 Continuous Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell at 828/296-4600,
Sincerely,
X,4
Roger C. E wards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Phillip Pittman/ORC
�
S:\sWp\mcCowell\WastewaterllndListrial\Coats 04243WCV-2010-MV-0110Aoc 4hCarolina
Naturally500
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e�828�299_7043 1 Customer
6748e
Internet: www.ncwaterguality.orp FAX

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, 2010
Ms. Susan Glenn
P.O. Box 1770
Blowing Rock, North Carolina 28605
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0108
Permit No. NCO055611
Blackberry Sewer System WWTP
Caldwell County
Dear Ms. Glenn:
A review of Blackberry Sewer System's monitoring report for April 2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
-% Temperature, Water Degrees Centigrade 04/03/2010 5 X/ week Failure to Monitor
Temperature, Water Degrees Centigrade 04/10/2010 5 X/ week Failure to Monitor
Temperature, Water Degrees Centigrade 04/17/2010 5 X/ week Failure to Monitor
Temperature, Water Degrees Centigrade 04/24/2010 5 X/ week Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off
inadvertently,please send an amended DMR to Raleigh at the address found on the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
eL, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ORC
One
S.ISWP\Caldwell\wastewatei\Minors\Blackberry Sewer System 55611MV-2010-Mu-0108.doc NorthCarolina
AmurallY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828 299-4500 1 sto 62 6748e
Internet: www.ncwaterguality.org

__ _ __
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 20, 2010
Ms. Patty Elliott
T & K Enterprises
3365 Sugar Hill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0107
Permit No. NCO086428
Marion Travel Plaza WWTP
McDowell County
Dear Ms. Elliott:
A review of Marion Travel Plaza WWTP's monitoring report for April 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Temperature, Water, Degrees C 04/09/2010 5 X/Week Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
f
f
Roger C. Edwards, 4ional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
KACE Environmental/ORC
S:SVVP1McDowelllWastewater\Miric;,slMarion'1"ravel Plaza 3642M OV-2010-NMV-0107.doc 1VorthCarolina
Nat"a!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

/,,
�_�
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 20, 2010
Mr. James Rice
North View Mobile Home Park
329 Emma Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0106
Permit No. NCO067342
North View Mobile Home Park WWTP
Buncombe County
Dear Mr. Rice:
A review of North View Mobile Home Park's monitoring report for April 2010 showed the following
violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment plant 04/29/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 04/30/2010 Continuous Failure to Monitor
It was also noted that the Compliance box on the back ofthe DMR was marked"Compliant"when in fact it should
have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off
inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law, If you should have any questions, please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
*erE wards Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James Queen/ORC
S tSWP\Bun(,ombetWastc,water\Mir)ors\Norih View MHP 67342;NOV-2010-M`✓-0106.doc NocthCarolina
INat"a!!b
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

A4+��.�
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, 2010
Mr. Donald R. Cooper
Cooper Riis Inc.
P.O. Box 416
Mill Spring, North Carolina 28756
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0105
Permit No. NCO087122
Cooper Riis Healing Farm WWTP
Polk County
Dear Mr. Cooper:
A review of Cooper Riis Healing Farm's monitoring report for April 2010 showed the following
violation:
Parameter Date Measuring Frequency Violation
Ammonia Nitrogen Weekending: 04/03/2010 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. E wards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Polk\Wastewater\Minors\CooperRiis Healing Farm 87122\NOV-2010-MV-0105.doo NorthCarolina
,Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newateraualitv.oro 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
August 20, 2010
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0103
Permit No. NCO073814
North Buncombe Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of North Buncombe Elementary School's monitoring report for April 2010 showed the
following violations:
Parameter Date Measuring Frequency Violation
NH3-N - Conc. Week ending: 04/03/2010 Weekly Failure to Monitor
NH3-N - Conc. Week ending: 04/17/2010 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Ro er C. E wards, egional Supervisor
9
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ ORC
NorthCarolina
S:ISWPIBuncornbe\WastewaterlMinorslNOV-2010-MV-0103.doc Naturallll
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateEguality.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
August 20, 2010
Mr. Tony Konsul, Regional Manager
Carolina Water Service Inc. of NC
P.O. Box 240908
Charlotte, North Carolina 28224-0908
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0104
Permit No. NCO076431
Wolf Laurel WWTP
Madison County
Dear Mr. Konsul:
A review of Wolf Laurel WWTP's monitoring report for April 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending: 4/03/2010 Twice Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked Non-Compliant with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincere y,
11#RogerE ward s, egional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S,SWP\Madisan\Wastewater\Minors\Wolf Laurel((.lfilifiis Inc)76431\NOV-2010-MV-0104.doc Noe Carolina
tura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www ncwateroualitv.ora FAX [phone] 1-877-623-6748

WbENR
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, 2010
Marcos Rodriguez
1116NC 197
Bakersville,NC 28705
Subject: 401 Water Quality Certification-Approval
Marcos Rodriguez
DWQ Project# 10-0526
Mitchell County
FRB06/Big Rock Creek/7-2-64/C; Tr
Dear Mr. Rodriguez:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.0092 acres of wetlands and 140 feet of
streams for the purpose of pond repairs at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3821. This Certification allows
you to use Nationwide Permit 42 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to)Erosion and Sediment Control and trout buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 140 (feet) Plat
404/CAMA Wetlands 0.0092 (acres) Plat
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Not I hCarohna
Internet www.ncwaterquality.org
An Fnnal(lnnnrfunity 1 Affirmatino Cr6nn Fmnlnvor llWR��l,f

Marcos Rodriguez
August 20,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result ii,
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream---
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins,Director
CHS1khb
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit-Central Office
File Copy
S:\SWP\Mitchell\401s\Non-DOT\Marcos Rodriguez\APRVL.8.19.10.doc

A0011a
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, 2010
Mr. James David Ledford, Manager/Member
Leicester Land Holding Co.LLC
421 Watercrest Court
Inman, South Carolina 29349
Subject: Fast-Track Application Return
Leicester Landing Sewer Extension Project
MSD of Buncombe County
Buncombe County
Dear Mr. Ledford:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to
serve the Leicester Landing Sewer project. The application is being returned for the following reason(s):
(1) A$480.00 Application fee was received, but was made payable to"State of N.C". The fee should
be made payable to 'N.C.D.E.N.R.'
(2) Only the'original' application was received, the original and ONE copy of the 'completed and
appropriately executed application form'must be received before the application can be
processed.
(3) It was also noted that the"flow allocation letter' received from MSD (Metropolitan Sewerage
District of Buncombe County), "Expired" November 20, 2007, and was invalid. A current flow
allocation letter from MSD must accompany this application prior to a sewer line extension permit
being issued.
(4) Your engineer, Mr. Thomas R. Wilson, P.E. failed to 'sign and seal' the application, as instructed
in part IX of the application instructions.
I look forward to receiving a completed application. Should you have questions or need additional
information, please contact me at 828/296-4500.
Sincerely,'
AVE,r,
Donald R. Price, CET
WWTP Consultant
Cc: Mike Butler, MSD
Thomas R. Wilson, P.E.
\SWP18uncumbe\Cultepop,Syp.(emsUvISD,Cc..L.Le44Lun.Sys(em\Apphe_atiun.R.11R!L...eces(er Land Hglding�LLC Leis}c..r Landing,_projegt.:dc.c
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 �atlfralh�J
Internet: www,ncwaterquality.org
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 20, 2010
Mr. Garvin Trinks
McDowell County Schools
2107 Sugar Hill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0305
Permit No. NCO067148
Nebo Elementary School WWTP
McDowell County
Dear Mr. Trinks:
A review of Nebo Elementary School WWTP's monitoring report for April 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 04/30/2010 14.4 mg/I 17.25 mg/I Monthly
(as N) - Concentration Average
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 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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\McDowell\Wastewater\Miriars\Nebo School 67148\NOV 2010-LV-030:5.doc NorthCarolina
,Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

BE
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, 2010
Mr. Bob Shepherd, Town Manager
Town of Columbus
P.O. Box 146
Columbus, North Carolina 28722-0146
Subject: NOTICE OF VIOLATION
NOV-201 0-MV-01 09
Permit No. NCO021369
Columbus WWTP
Polk County
Dear Mr. Shepherd:
A review of Columbus WWTP's monitoring report for April 2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment 04/26/201 Q Continuous Failure to Monitor
plant
It was also noted that the Compliance box on the back of the QMR was marked "Compliant" when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
`� l L-• ,
Roger . Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S,',,SWP~Flolk\V'Vas:ewater'SMui'i..i;aallt;olLirnbus V%IVV'FP 21369INOV-2010-MV-0109.doc AoehCarolina
�aturgllb
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

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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
August 20, 2010
Ms.Cathy Childrey
Henderson's Assisted Living
P. 0. Box 1029
Marion, North Carolina 28752-1029
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0304
Permit No. NCO071897
Henderson's Assisted Living WWTP
Henderson County
Dear Ms. Childrey:
A review of Henderson's Assisted Living's monitoring report for April 2010 showed the following
violation:
- Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 04/06/2010 7.5 mg/I 8.22 mg/I Daily Maximum
Concentration Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation 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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Henderson\Wastewater\N4 nors\Henderson's Assisted Living 718`97\N0V-2010-LV-0304.doc NorthCarolina
,Vatura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

___
_.___
__
i

NCDEM
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, 2010
Mr. Frederick L. Baker, PE
Director of Public Works
Town of Waynesville
P.O. Box 100
Waynesville, North Carolina 28786
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0306
Permit No. NCO049409
Waynesville Water Treatment Plant
Haywood County
Dear Mr. Baker:
A review of Waynesville WTP's monitoring report for April 2010 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 04/06/10 45 mg/I 54.7 mg/I Daily Maximum
Concentration Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Kyle Cook/ORC
S:\SWPWaywood\Wastewater\Municipal\Waynesville WTP 49409\NOV-2010-LV-0306.doc No°AhCarolina
Naw'91ib
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatercivality.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
August 20, 2010
Mr. Jim Scherbarth
Riverwind Homeowners Association Inc.
30 Riverwind Drive
Hendersonville, North Carolina 28739
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0307
Permit No. NCO076708
Riverwind Mobile Home Park WWTP
Henderson County
Dear Mr. Scherbarth:
A review of Riverwind Mobile Home Park's monitoring report for April 2010 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 04/14/10 400#/100ml 800#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Goldie &Associates/ORC
S:1SWPiHenclerson\Wastewater\Minors\Riverwinci HOA 767081NOV-2010-l-V 0307.doc NorthCarolina
,Vatumlly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatercivality.ora FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 20, 2010
Jeff Ferguson
NCWRC
171 Southern Cross Road
Weaverville,NC 28787
Subject: 401 Water Quality Certification Modification -Approval
Cheoah Point ADA Walkway
DWQ Project# 08-1387
Graham County
LTN04/Cheoah River(Santeetlah Lake)/2-190-(5)/B; Tr
Dear Mr. Ferguson:
The Division of Water Quality has reviewed and approved the modification request for the subject project dated
August 3, 2010.
This modification does not change the impacts to waters previously approved and the project must still comply
with the conditions listed in General Certification 3693 issued at the time.
If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664.
Sincerely,
Coleen H. Sullins,Director
CHSlcbc
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Graham\401s\Non-DOT\Cheoah Point Wa1kway\APRVL.8.19.10.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarollna
Internet:www.ncwaterquality.org at f ralj(
An Eoual O000rtunitv,1 Affirmative Action Emnlover /L

__
,__
`�J

KDENR
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1499
Mr. Chuck Summey
Town of Forest City
P.O. Box 728
Forest City,North Carolina 28043-0728
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 NCO025984
Town of Forest City
Forest City WWTP
Case No. LV-2010-0273
Rutherford County
Dear Mr. Summey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$567.00
($500.00 civil penalty+ $67.00 enforcement costs) against the Town of Forest City.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Forest City for the month of April 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025984. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Forest City violated the
terms, conditions or requirements of NPDES Permit NCO025984 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 the Town of Forest City:
Naaallff
oeCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0025984, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for CYANIDE.
$500.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$567.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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

..isidered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714

Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
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
S�`iSWllv,Rijtlierft)rd it aato,itter'k1rii3autnl�,t-or«t City% b4" P 2598-3`.LV-20[Cs_0273.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0273 County: Rutherford
Assessed Party: Town of Forest City
Permit No.: NCO025984 Amount Assessed: $567.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 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 RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF FOREST CITY )
)
PERMIT NO. NCO025984 ) FILE NO . LV-2010-0273
Having been assessed civil penalties totaling $567.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 20, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7009 1680 0000 7515 1482
Ms.Cathy Childrey
Mizpah Healthcare Inc.
P.O. Box 1029
Marion,North Carolina 28752-1029
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO074110
Mizpah Healthcare Inc.
Mountain View Assisted Living WWTP
Case No. LV-2010-0270
Henderson County
Dear Ms. Childrey:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$617.00
($550.00 civil penalty+ $67.00 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Mizpah Healthcare Inc. for the month of April 2010, This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO074110. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc. violated the
terms, conditions or requirements of NPDES Permit NCO074110 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 Mizpah Healthcare Inc.:
NorthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NCO074110, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. `-
$300.00 NCO074110, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$550.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$617.00 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

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

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
�-7c,AEdwards, 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
4 tell dersolv� Vie%Y AssiMed l ivinn 7411W,I -2010-0270.doc
i
i

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0270 County: Henderson
Assessed Party: Mizpah Healthcare Inc./ (Mountain View Rest Home)
Permit No.: NCO074110 Amount Assessed: $617.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF 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
MIZPAH HEALTHCARE INC. )
(MOUNTAIN VIEW REST HOME) )
PERMIT NO. NCO074110 ) FILE NO. LV-2010-0270
Having been assessed civil penalties totaling $617,00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 20, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30)days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H.-Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 23, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1512
Marti And Calvin Harbby
191 Pleasant Grove Rd
Rutherfordton,NC 28139
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2010-SS-0012
Stream Standard Violation- Other Waste (In-stream sediment)
Rutherford County
Response deadline: September 3,2010
Dear Mr. and Mrs. Harbby:
On February 15,2010, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality(DWQ) conducted a site inspection along Pleasant Grove Road in Rutherford
County. A Notice of Violation was mailed to you on March 23, 2010. To date,you have not
responded as requested.
Additional information has been received that the eroding conditions have continued impacting
property and surface waters. Therefore,this Notice of Violation and Recommendation for
Enforcement has been issued.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary to Knob Creek(Class C waters) were documented. Logged and cleared portions of your
property are eroding and discharging sediment to the roadside ditch and adjoining property at the
western boundary. The sediment is then discharging to the woods through a culvert and finally the
stream.
VIOLATIONS
I. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—An indeterminate length of an unnamed tributary to Knob Creek(Class C waters)has
been impacted by sediment deposition greater than three (3) inches,representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No thCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 y+ //
Internet: www.ncwaterquality.org ;Vah a"'ff
An Equal Opportunity\Affirmative Action Employer

Marti And Calvin Harbby
August 23,2010
Page 2 of 2
REQUIRED RESPONSE
This Office requests that you respond in writing by September 3, 2010. Your response should be
sent to both 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. Stream Standard- Other Waste (In-Stream Sediment)
a. Please explain the steps you will take to prevent further sediment loss to the
unnamed tributary to Knob Creek.
b. Provide a schedule with dates indicating when you expect to complete activities to
prevent further sediment loss.
c. Once the work is complete, deliver pictures showing the repairs to Chuck Cranford.
Please note: Evidence gathered during the initial inspection indicated sediment damage to the
creek was being caused by several sources, including natural factors. Identifying the specific
sediment load from your property could be determined through additional efforts. If erosion is
allowed to continue and sediment continues to discharge to the creek from your property,the
DWQ will be forced to take further actions, including the requirement for you to undertake stream
restoration work. Sediment removal from the stream can be very expensive.
Considering your failure to respond previously, if a response is not received by September 3,
2010, enforcement actions; including fines,will immediately be initiated.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at (828) 296-
4664.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPSACOU Darlene Kucken- Division of Land Resources
ARO File Copy
S:\S WP\Rutherford\Complaints\Harbbv\NOV-2010-SS-0012.8.20.10.doc

_74
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 23, 2010
Mr. Dennis J, Whitson
3800 Sugarhill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0111
Permit No.. NCO079481
Harmony Estates WWTP
McDowell County
Dear Mr. Whitson:
A review of Harmony Estates WWTP's monitoring report for April 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Dissolved Oxygen Week ending: 04/03/2010 Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
cl� e,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs/ORC
S.ISWP1McDowelf\Wastewater\MinorslHarmony Estates 794811NOV-2010-NAV-0111 doc. NorthCarolina
�Vatura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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 23,2010
Jeffrey Gurr
Eaton Aeroquip,LLC
240 Daniel Road
Forest City,NC 28043
Subject: No Exposure Certification—Approval
NCGNE0708
Eaton Aeroquip,LLC
Rutherford County
Dear Mr. Gurr:
The Division has reviewed your application for a No Exposure Certification for Exclusion(No Exposure)for the subject
facility. Based on the information provided and a site visit conducted on August 19,2010,the No Exposure has been
approved.
Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your
facility can no longer qualify for a No Exposure,you are obligated to immediately obtain NPDES permit coverage for
your stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted discharge. Your
No Exposure does not expire. In order to help assure that your facility stays in compliance with all of the conditions in the
Certification,you must self-recertify your facility at least annually.Please see the attachment for information on self-
recertification.
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits
that may be required under other federal, state, or local regulations or ordinances.
If you have any questions or need further information,please contact Chuck Cranford at 828-296-4664, or at
[e-mail].
Sincerely,
e. /7AQ.,Lk
For Coleen H. Sullins
Enc.
cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files
ARO Files
S:\SWP\Rutherford\Stonnwater\NCG03 Metal Fabrication\Eaton-Aeroquip\APRVL.NE.8.20.10.doc
Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NQrthCrohna
Internet:www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer laturialzy

No-Exposure Self-Recertification Information:
You are obligated to maintain no-exposure conditions at your facility. If conditions change such that your
facility can no longer qualify for a no-exposure exclusion, you are obligated to immediately obtain
NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to
enforcement as an un-permitted discharge.
Your conditional no-exposure exclusion must be self-recertified at least annually as follows:
- Complete re-certification at a minimum of once per year
- Use items 12 through 17 on the Division's No-Exposure Form to perform the written facility
evaluation and re-certification.
- Maintain a record of re-certifications on file at the facility. Do not submit the re-certification to
DWQ unless requested.
- Notify the Division of any changes in ownership, significant facility and/or activity changes, or if .
the facility can no longer maintain no-exposure.
- Submit a copy, upon request, of the re-certification to the Division or the municipality in which
the facility is located.
-Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer
system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports
publicly available upon request.
Information and forms related No-Exposure Certifications can be accessed at the following website:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#No—Exposure—NPDES
Rev.27Ju12010

NCDERR
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1598
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO036641
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LM-2010-0031
Henderson County
Dear Mr. Nash:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$517.00
($450.00 civil penalty + $67.00 enforcement costs) against Fletcher Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of April 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the
terms, conditions or requirements of NPDES Permit NCO036641 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit requiredby G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Fletcher Academy Inc.:
NorthCarolina
Aaturallry
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

2 of the 2 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$200.00 NC0036641,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No. -
$250.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD -Conc.
$00.00 9 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NCO036641 for failing to monitor Continuous Flow.
$450.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$517.00 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

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

of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger"C. Edwards, Regional Supervisor
Surface Water Protection Section
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
'S1i'I'tHenif�,isrr.l4a t�ticataa':ltiircrs�.EI CcherAcademy 36611J-N-1-2010-0031.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2010-0031 County: Henderson
Assessed Party: Fletcher Academy Inc.
Permit No.: NCO036641 Amount Assessed: $517.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF 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
FLETCHER ACADEMY INC. )
PERMIT NO. NCO036641 ) FILE NO. LM-2010-0031
Having been assessed civil penalties totaling $517.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 24, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30)days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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WDENR
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1567
Mr. Gerald Jerry Nash
Fletcher Academy Inc.
P.O. Box 5335
Fletcher,North Carolina 28732
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit NCO036641
Fletcher Academy Inc.
Fletcher Academy WWTP
Case No. LM-2010-0032
Henderson County
Dear Mr. Nash:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($200.00 civil penalty+ $67.00 enforcement costs) against Fletcher Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of May 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in
May 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the
terms, conditions or requirements of NPDES Permit N00036641 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Fletcher Academy Inc.:
ne
NorthCarolina
Aaturallty
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.ora

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for Fecal coliform.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for Fecal coliform.
0 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$.00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
00 NC0036641, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
.00 For 0 of the 1 failures to properly monitor Conductivity in violation
of NPDES Permit No. NC0036641.
$ 00 For 0 of the 11 failures to properly monitor Continuous Flow in
violation of NPDES Permit No. NCO036641.
$200.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$267.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the-violation-was committed-willfully or intentionally; - --
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:

'Submit payment of the penalty:
'Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.

In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.

Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger. 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
�,,5�1'i'di ndtron`•R- ct�rvater'_�[mbi,.(hteherAca&m.vi5h11v1...1i-'_OI0003_'doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2010-0032 County: Henderson
Assessed Party: Fletcher Academy Inc.
Permit No: NCO036641 Amount Assessed: $267.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 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:

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
FLETCHER ACADEMY INC. )
PERMIT NO. NCO036641 ) FILE NO. LM-2010-0032
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 24, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts areas 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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NCDEENR
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70091680 0000 7515 1581
Ms.Naomi Burns
Town of Rhodhiss
P.O. Box 40
Rhodhiss,North Carolina 28667-0040
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 NCO025917
Town of Rhodhiss
Rhodhiss WWTP
Case No. LV-2010-0284
Burke County
Dear Ms. Burns:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$567.00
($500.00 civil penalty+ $67.00 enforcement costs) against the Town of Rhodhiss.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Rhodhiss for the month of April 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025917. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Rhodhiss violated the
terms, conditions or requirements of NPDES Permit NCO025917 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 apermit 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 the Town of Rhodhiss:
NorthCarohna
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwateMuality.org

0 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$.00 NC0025917, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD -Conc.
0 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No. -
$.00 NC0025917, 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 NC0025917,by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLI.
$500.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$567.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
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.

,.westing 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 petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings

within seven(7)business days following the faxed or electronic transmission. You should contact'
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
RogevC. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
Water Tech Labs/ ORC w/attachments
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i

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0284 County: Burke
Assessed Party: The Town of Rhodhiss
Permit No.: NC0025917 Amount Assessed: $567.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 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.&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 BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF RHODHISS )
PERMIT NO. NCO025917 ) FILE NO. LV-2010-0284
Having been assessed civil penalties totaling $567.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 24, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30)days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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WDENR
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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1574
Mr, Robert M .Sams
Town of Mars Hill
P.O Box 368
Mars Hill,North Carolina 28754-0368
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 NCO057151
Town of Mars Hill
Mars Hill WWTP
Case No. LV-2010-0283
Madison County
Dear Mr. Sams:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,067.00 ($1,000.00 civil penalty+ $67.00 enforcement costs) against the Town of Mars Hill.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Mars Hill for the month of April 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO057151. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Mars Hill violated the
terms, conditions or requirements of NPDES Permit NCO057151 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,
conditi errtnt �y t143- 4=5 1{ j: -- - —
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Mars Hill:
One
NorthCarolina
vVatura!!y
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
n Internet:www.ncwaterguality.org

l of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0057151, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3-N - Cone.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$750.00 NC0057151, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
$1,000.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,067.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
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

.ping 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_(3--
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
S��'f Y9tjdi ona�-,�4kcs tv .(v'iirt i j<iI`:R1:u: Iill\l"W 1 P 571�I`,1N-?It'10 02S:.doi:

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0283 County: Madison
Assessed Party: The Town of Mars Hill
Permit No.: NC0057151 Amount Assessed: $1,067.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN
AND NATURAL RESOURCES
COUNTY OF MADISON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF MARS HILL )
PERMIT NO. NCO057151 ) FILE NO, LV-2010-0283
Having been assessed civil penalties totaling $1,,067.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated August 24, 2010,the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-
stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30)days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 24, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 J 550
Mr. William N. Hughes
Town of Murphy
P.O. Box 130
Murphy,North Carolina 28906-0130
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 NCO020940
Town of Murphy
Murphy WWTP
Case No. LV-2010-0274
Cherokee County
Dear Mr. Hughes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,254.50 ($2,187.50 civil penalty+ $67.00 enforcement costs) against the Town of Murphy.
This assessment is based upon the following'facts: a review has been conducted of the discharge
monitoring report (DMR)submitted by the Town of Murphy for the month of April 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0020940. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Murphy violated the
terms, conditions or requirements of NPDES Permit NCO020940 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 the Town of Murphy:
NonrthCarolina
�atura!!y
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

3 of the 4 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$937.50 NC0020940, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$1,250.00 NC0020940,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,187.50 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$2,254.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention 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 waiver of your right to an administrative

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

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/ attachments
Bob Guerra/DWQ Enforcement Files w/attachments
4S�t P�C'13rr<,hu=11':1Sh .ater��l�n�iiiE,�l l9iar13hw W%N 1 P 2D01101 V-2010-U2 4.doc j

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0274 County: Cherokee
Assessed Party: The Town of Murphy
Permit No.: NC0020940 Amount Assessed: $2,254.50
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. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF MURPHY )
PERMIT NO. NCO020940 ) FILE NO. LV-2010-0274
Having been assessed civil penalties totaling $2,254.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 24, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 25, 2010
Mr. Gary A. Whisnant, Asheville Plant Manager
Carolina Power and Light Company, Inc.
200 CP&L Drive
Arden, NC 28704
Subject: Activities Deemed Certified
Julian Intake Diversion/Fish Habitat
DWQ Project# 10-0519
Buncombe County
FRB02/Lake Julian (Powell Creek) / 6-62 /C
Dear Mr. Whisnant:
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
Teemed certified, if the conditions required by Water Quality Certification No. 3687, associated with NWP7,
are followed (attached). In addition, the company should obtain or otherwise comply with any other required
federal, state or local permits before proceeding with the project.
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 or
susan.a.wilsonkncdenr.gov .
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
CHS/saw
w/attachment
cc: USACE Asheville Regulatory Field Office
Wildlife Resources Commission—David McHenry
401 Permitting Unit—Central Office
ARO File Copy
S:\SWP\Buncombe\401s\Non-DOT\Lake Julian Intake-Fish Hab-Progress\DMD.401 Julian Intake Fish Hab.08 2010.doc
_ Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCaroliina
Internet:www,ncwaterquality.org Naturally
An Equal Opportunity\Affirmative Action Employer ;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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1604
Mr. George Shook, Jr.
Wildcat Cliffs Country Club
770 Country Club Drive
Highlands,North Carolina 28741
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 NCO075612
Wildcat Cliffs Country Club
Wildcat Cliffs Country Club WWTP
Case No. LV-2010-0286
Macon County
Dear Mr. Shook:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$317.00
($250.00 civil penalty + $67.00 enforcement costs) against Wildcat Cliffs Country Club.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Wildcat Cliffs Country Club for the month of April 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0075612. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Wildcat Cliffs Country Club
violated the terms, conditions or requirements of NPDES Permit NCO075612 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 Wildcat Cliffs Country Club:
Noce hCarohna
- Aawa!!ry
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0075612, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Cone.
$250.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$317.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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

asidered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714

Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
ter 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
Environmental Inc./ORC w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0286 County: Macon
Assessed Party: Wildcat Cliffs Country Club, Inc.
Permit No: NCO075612 Amount Assessed: $317.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation,including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
i" (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'i .
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN `=
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
WILDCAT CLIFFS COUNTRY CLUB, INC. )
PERMIT NO. NCO075612 ) FILE NO. LV-2010-0286
Having been assessed civil penalties totaling $317.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 25, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 26, 2010
Mr. Doyle Freeman, Director of Utilities
Henderson County Utilities
Suite 210
100 N. King Street
Hendersonvlle, North Carolina 28792-5053
Subject: NOTICE OF VIOLATION
NOV-201 0-MV-01 12
Permit No. NCO086070
Western Justice Academy WWTP
Henderson County
Dear Mr. Freeman:
A review of Western Justice Academy WWTP's monitoring report for April 2010 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Temperature 04/07/2010 5 X/Week Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
e. Le&,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Jones Environmental/ORC
J/ c <'� F-a Ica a a i tit s v Y R "'g 20 i'�
,..\S P', I-nd rss�4t`< tF.V t.ur;iVinors.4� t . 1e.I..tice Acaderny. 607I "'W 4 9[-PA f t 1 -doC
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

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KKR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 26, 2010
Mr. Chase Harper, Vice President
Nantahala Mountain Village Inc.
9400 Highway 19 W
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0113
Permit No. NCO037737
Nantahala Village WWTP
Swain County
Dear Mr. Harper:
A review of Nantahala Village's WWTP monitoring report for March 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 03/27/2010 Twice Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
John Michael Awtrey/ ORC
S:\SWPiSwainlWastewater\Minors\Nantahala Village Resort;377371t`li7V-2010-MV-0113.doc
NorthCarotina
Natt(WAY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.oro FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-' Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 26, 2010
Mr. Chase Harper, Vice President
Nantahala Mountain Village Inc.
9400 Highway 19 W
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0114
Permit No. NCO037737
Nantahala Village WWTP
Swain County
Dear Mr. Harper:
A review of Nantahala Village's WWTP monitoring report for April 2010 showed the following
violation:
-� Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 04/24/2010 Twice Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on
the front page of your DMR.
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
John Michael Awtrey/ORC
S:ISVVFtSwain',VL/astewater\Minors\Nantahala Tillage Resort 377371NOV-2010-MV-0114.doc None Carolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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 26, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1611
Eddie A. Lyda
1777 Slick Rock Rd
Hendersonvlle,NC 28792
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2010-SS-0044
Stream Standard Violation-Removal of Best Usage
Henderson County
Response deadline: September 15,2010
Dear Mr. Lyda:
On July 27, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection along Slick Rock Road in Henderson County.
Stream standard violations were noted during the inspection. Impacts to an unnamed tributary to
Clear Creek (Class B; Tr) caused by the diversion of water were documented. The placement of
sand bags within a N.C. Department of Transportation culvert has impounded water upstream of
the culvert to enable to passage of water through an intake pipe to a pond on your property. This
activity has diverted approximately all the flow in the stream and dried up approximately 165 feet
of stream.
VIOLATIONS
I. Stream Standard Violation -Removal of Best Usage 15A NCAC 02B.0211 (2)—
Approximately 165 feet of an unnamed tributary to Clear Creek (Class B; Tr)has been
impacted by water diversion representing Water Quality Stream Standard violation of 15A
NCAC 02B .0211 (2)
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Aawm!!ff
An Equal Opportunity i Affirmative Action Employer

Eddie A.Lyda
August 26,2010
Page 2 of 2
REQUIRED RESPONSE
This Office requests that you respond in writing by September 15, 2010. Your response should be
sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617.
Your response should address the following items:
I. Removal of Best Usage—15A NCAC 0211.0211 (2)
a. Please explain how you intend to restore flow to the stream channel and prevent the
water quality impacts from occurring in the future.
b. Please provide a date as to when restoration of stream flow will be accomplished.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above,be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to$25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at (828)296-
4664.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
NC DOT - Steve Cannon Mark Davis
4141 Haywood Road 253 Webster Road
Mills River,NC 28742 Sylva,NC 28779
Henderson County Planning
S:\SWP\Henderson\Complaints\Lyda Complaint\NOV-2010-SS-0044.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 26, 2010
Mr. Eliot Godfrey
McDowell County Adult Care LLC
P.O. Box 1690
Little River, South Carolina 29566
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0315
Permit No. NCO035157
Cedarbrook Residential Center WWTP
McDowell County
Dear Mr. Godfrey:
A review of Cedarbrook Residential Center's WWTP monitoring report for April 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 04/30/10 30 mg/I 33.33 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 for the non-compliance.
DMRs submitted for Cedarbrook indicate that the facility is at 99.9% of the WWTP's permitted
design capacity of 0.003 MGD. Correspondence from you dated 0 1/10 712 0 1 0 stated that Cedarbrook
had initiated corrective actions to reduce the flow through the treatment plant. Based on our data it
does not appear to have been successful.
It will be necessary for you to take steps to either increase the treatment capacity of the WWTP
or reduce the influent flow to the WWTP. Please respond in writing to this office within 30 days of
.receipt of this letter stating what actions will be taken to address this problem and a timetable for its
resolution.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Fred Leonard/ Manager, Cedarbrook
Water Quality Lab & Operations/ORC
. .
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S:\S�n,ri,lVcC1v�eli,U ,stcwatert�lit rars\ eclarlaraok Residential Center 351571NOV-2010-LV-0315.coc NoL Carolna
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www,ncwaterauality.org FAX [phone] 1-877-623-6748

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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
August 26, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1659
Mr. Jeff Church, Assistant Auxiliary Services Superintendent
Caldwell County Schools
1914 Hickory Boulevard
Lenoir,North Carolina 28645
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 NCO030783
Caldwell County Schools
Baton Elementary School WWTP
Case No, LV-2010-0287
Caldwell County
Dear Mr. Church:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$417.00
($350.00 civil penalty+ $67.00 enforcement costs) against Caldwell County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Caldwell County Schools for the month of April 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0030783. The violations which occurred in
April 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Caldwell County Schools violated
the terms, conditions or requirements of NPDES Permit NCO030783 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 Caldwell County Schools:
No�ehCarolina
aturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$100.00 NC0030783, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for NH3-N- Conc.
a 6)( )
1 of the 1 violations of G.S. 143-215.1( and NPDES Permit No.
$250.00 NC0030783,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
$67.00 Enforcement Costs
$417.00 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

.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 petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
- Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Water Tech Labs/ORC w/attachments
S'%SVP\Ct lIdweil IAcmentan3+)' 3•i..,1'-2b'((r-(32R7,doc
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0287 County: Caldwell
Assessed Party: Caldwell County Schools / Baton Elementary
Permit No: NCO030783 Amount Assessed: $417.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN -
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CALDWELL COUNTY SCHOOLS/ )
(BATON ELEMENTARY) )
PERMIT NO. NCO030783 ) FILE NO LV-2010-0287
Having been assessed civil penalties totaling $417.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 26, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30)days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE -
ADDRESS
TELEPHONE
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
August 27, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED '7009 1680 0000 7515 1642
Charlie Stambaugh
Stambaugh&Associates, P.A.
841 Prudential Dr., 12th Floor
Jacksonville,FL 32207
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Four Sims Hollow
NOV-2010-PC-0911
DWQ Tracking Number: NCR002604
Construction Stormwater Permit NCG010000
Stream Standard Violation - Other Waste (In-stream sediment)
Henderson County
Response deadline: September 10, 2010
Dear Mr. Stambaugh:
The Division of Water Quality (DWQ)has received your letter dated August 10, 2010 regarding the subject
Notice of Violation and Recommendation for Enforcement(NOV).
According to the Financial Responsibility/Ownership Form you signed and submitted to Henderson County as
well as Henderson County property records, you are responsible for the activities that have violated North
Carolina water quality standards.
The DWQ requests you respond in writing by September 10,2010, as described in the NOV dated July 29,
2010.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NdithCarohna
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 Naturally
Internet: www.nrwaterquality.org f� aturally
An Equal Opportunity\Affirmative Action Employer

Charlie Stambaugh
August 27,2010
Page 2 of 2
Failure to reply by the above deadline will require this office to pursue a recommendation for enforcement wr.
the Director of the Division of Water Quality,which can include civil penalty assessments of up to $25,000.00:
per day for each violation. Should you have any questions regarding these matters,please contact Chuck
Cranford at(828)296-4664. _
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
Tim Fox -Henderson County
S:\S WP\Henderson\Complaints\FourS imsHollow\RESP.8.26.10.doc

.�r.�fi
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,arty Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 27, 2010
Lucille Gartman
Meritor Heavy Vehicle Systems, LLC
160 Ash Street
Forest City,NC 28043
Subject: STORMWATER DISCHARGE OUTFALL DETERMINATION
NCG030573
Meritor Heavy Vehicle Systems, LLC
Rutherford County
Dear Ms. Gartman:
The Division of Water Quality(DWQ)has completed the necessary inspections of your facility, discussions
with your staff and review of stormwater monitoring data to determine the stormwater discharge outfalls
(SDOs)that convey stormwater from industrial activities and require monitoring per stormwater permit
NCG030573.
The following descriptions of SDOs to be monitored refer to the site plan provided by Bill Adams, entitled
Erosion Control Plan Riverside Business Park Phase 1.
SDO 1 —located in the northwest corner of the property
SDO 2—located in the northeast corner of the property
The above determination relied upon the removal of certain storage racks located adjacent to the southern end
of the building. If industrial stormwater exposures return to that area,monitoring of a third outfall will likely be
required.
Please see to the production of an updated site plan that meets all requirements of the Stormwater Pollution
Prevention Plan and deliver one (1) copy to this office for our records.
An item of concern noted during my site visits were the ditches carrying stormwater generated at your facility,
but located on adjacent property. Significant erosion is occurring and impacting surface waters. The DWQ will
be contacting the property owner to pursue corrective actions. Any assistance you might be able to provide to
improve the situation would be appreciated.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Oue 1
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOrthCarohna
Internet:www.ncwaterquality.org
�atur�ll�
An Equal Opportunity\Affirmative Action Employer

Lucille Gartman
August 27,2010
Page 2 of 2
Please contact me at 828-296-4664 or chuck.cranford(d)ncdenr.gov, if you have any questions or need any oth,
assistance.
Sincerely,
Chuck Cranford
Surface Water Protection
Asheville Regional Office
cc: Stormwater Permitting Unit Files
ARO File Copy
S:\SWP\Rutherford\Stormwater\NCG03 Metal Fabrication\Arvin MeritOI\LTR.8.27.10.doc

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.Y4 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 27, 2010
John McCracken, Chairman
Junaluska Sanitary District
P.O. Box 35
Lake Junaluska, N.C. 28745
Subject: Permit No. W00034960
Junaluska Sanitary District
Liner Cove Sewer Extension
Wastewater Collection System Extension
Haywood County
Dear Mr. McCracken:
In accordance with your application received August 20, 2010, we are forwarding herewith
Permit No. WQ0034960, dated August 27, 2010, to Junaluska Sanitary District for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded, and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is incorporated therein by
reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this
collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

Junaluska Sanitary District August 27, 2010 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 Junaluska Sanitary District for the construction and operation of approximately 1,600
linear feet of 8-inch gravity sewer; to serve 18 3-bedroom residences, as part of the Liner Cove Sewer
Extension project, and the discharge of 0 gallons per day of collected domestic wastewater into the
Town of Waynesville's existing sewerage system, pursuant to the application received August 20, 2010
and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting
of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the Town of
Waynesville's Wastewater Treatment Facility (Permit No. NC0025321) prior to being discharged into
the receiving stream.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Don Price at (828) 296-
4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Haywood County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025321)
Jeffery T. Brown/Brown Consultants, PA
Town of Waynesville WWTP
Surface Water Protection Section Central Files
PERCS Files
SASWMHavwoodlCollection SystemsWunaluska Sanitary District Collection SystemlW00034960 Liner Cove Sewer Extension 08 27 2010 doc

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

PERMIT NO.VVQ0034960,Junaluska Sanitary District Liner Cove Sewer Extension Haywood County August 27 2010'
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying.with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 ,0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

cRMIT NO.W00034960 Junaluska Sanitary District, Liner Cove Sewer Extension, Haywood County August 27,2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part l 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 27`h day of August, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for tol n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034960
3

PERMIT NO.WQ0034960,Junaluska Sanitary District, Liner Cove Sewer Extension, Haywood County August 27,20101.
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
permission is hereby granted to the Junaluska Sanitary District for the construction and operation of
approximately 1,600 linear feet of 8-inch gravity sewer; to serve 18 3-bedroom residences, as part of
the Liner Cove Sewer Extension project, and the discharge of 0 gallons per day of collected domestic
wastewater into the Town of Waynesville's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are reguired for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; 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.

NCDENRi
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, 2010
Larry Callicutt
Town of Bryson City
PO Box 726
Bryson City NC 28713
SUBJECT: Compliance Evaluation Inspection
Bryson City Collection System
Permit No: WQCS00170
Swain County
Dear Mr. Mr. Callicutt:
Enclosed please find a copy of the Compliance Evaluation Inspection Report for
the inspection which Don Price and I conducted of the Town's wastewater collection
system on July 29, 2010. The facility was found to be in Compliance with permit
WQCS00170; however, as noted in the report the Capital Improvement Plan is less than
adequate. It is also recommended that the Town do whatever is possible to expedite the
replacement of the Jenkins Branch Line.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by Tom Shook and Travis McCall during the
inspection was greatly appreciated. If you or your staff has any questions, please do not
hesitate to contact Don Price or me at 828-296-4500.
Sincerely,
e
Keith Haynes
Envrionmental Sr. Specialist
Enclosure
cc: Thomas Shook, ORC
Central Files
Asheville Files
S:\SVVP\Swain\C(,,llection SysternsU3ryson City Collection Systeri)'+7-29-!Oft'Elletter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarofina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Ja fuj, �
Internet:www.ncwaterauality.or9 �/V ` 6[

,�;
r
�_ .:;

Compliance Inspection Report
Permit: WQCS00170 Effective: 06/08/05 Expiration: 05/31/13 Owner: Town of Bryson City
SOC: Effective: Expiration: Facility: Bryson City Collection System
County: Swain PO Box 726
Region: Asheville
Contact Person: Larry Callicutt Title: Phone:[phone]
Directions to Facility:
System Classifications: CS1,
Primary ORC: Thomas Leslie Shook Certification:989194 Phone:[phone]
Secondary ORC(s):
Travis Wesley McCall Certification:989217 Phone:[phone]
On-Site Representative(s):
Related Permits:
NC0026557 Town of Bryson City-Bryson City WWTP
Inspection Date: 07/29/2010 Entry Time: 10:45 AM Exit Time: 02:45 PM
Primary Inspector: Keith Haynes Phone:Phone:[phone]
,- Secondary Inspectors): rG
Don Price Phone:
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ■Compliant ❑ Not Compliant
Question Areas:
Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records
■Monitoring&Rpting ■Inspections Pump Station Lines
Reqmts
(See attachment summary)
Page: 1

Permit:WOCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
Overall the collection system operations is in good order. Please note the comments under each section, but pay
particular attention to the CIP portion. Don Price has sent email with guidance for each area of concern noted during the
inspection. Thanks again for the assistance.
Page: 2

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? 0 ❑ Q ❑
What educational tools are used?
Mailings
Is Sewer Use Ordinance/Legal Authority available? 0 Q
Does it appear that the Sewer Use Ordinance is enforced? ❑ Q N 0
Is Grease Trap Ordinance available? 0 Q 0 Q
Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ N Q
List enforcement actions by permittee, if any,in the last 12 months
Grease ordinance is part of SUO
Septic Tank is handled by County
Has an acceptable Capital Improvement Plan(CIP)been implemented? ❑ 0 ❑ ❑
Does CIP address short term needs and long term\"master plan\"concepts? ❑ 0 0 0
Does CIP cover three to five year period? ❑ N ❑
11
Does CIP include Goal Statement? 0 0
00
Does CIP include description of project area? ❑
Does CIP include description of existing facilities? Q N 11 Q
Does CIP include known deficiencies? ❑ N Q ❑
Does CIP include forecasted future needs? 0 ❑ Q
Is CIP designated only for wastewater collection and treatment? ■ Q ❑ Q
Approximate capital improvement budget for collection system? $500,000.00
Total annual revenue for wastewater collection and treatment? $414,334.00
CIP Comments
McGill is working on an updated CIP. This needs to be completed as soon as possible.
Is system free of known points of bypass? 0 ❑ 0 Q
If no,describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations? Q 0 Q
#Does the sign include:
Instructions for notification?
Pump station identifier? ❑ 0 Q
24-hour contact numbers 0 O rl
If no,list deficient pump stations
Page: 3

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ ❑ ❑
Number of pump stations 6
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry 4
Number of pump stations that have only audible and visual alarms 2
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? ❑ ■ ❑ ❑
#If yes,date implemented?
Describe:
no known problems
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ ❑ ❑ ❑
Are records available that document pump station inspections? ■ ❑ ❑ ❑
Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ ❑
Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑
Are records available that document citizen complaints? ❑ ■ ❑ ❑
#Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑
#Has there been an observation of remote areas in the last year? ■ ❑ ❑ n
Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑
Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑
Comment: —433 manholes in —20 miles of line, 90% has been inspected
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? ■ ❑ 110
Does supervisor review all log books on a regular basis? ■ ❑ ❑ ❑
Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ ❑
What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas?
yearly review
Are maintenance records for equipment available? ■ ❑ ❑ ❑
Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑
What is the schedule for testing emergency/standby equipment? as required
Page: 4

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/2912010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Do pump station logs include:
Inside and outside cleaning and debris removal? ■ Q Q Q
Inspecting and exercising all valves? ■ 0 n Q
Inspecting and lubricating pumps and other equipment? ■ n ❑ fl
Inspecting alarms,telemetry and auxiliary equipment? ■ n n
Is there at least one spare pump for each pump station w/o pump reliability? ❑ 0 ■ n
Are maintenance records for right-of-ways available? ■ n n n
Are right-of-ways currently accessible in the event of an emergency? ■ n 0 O
Are system cleaning records available? ■ 11 0 n
Has at least 10%of system been cleaned annually? ■ ❑ ❑ n
What areas are scheduled for cleaning in the next 12 months?
Areas not previously cleaned.
Is a Spill Response Action Plan available? ■ n n n
Does the plan include:
` 24-hour contact numbers ■ n n 0
Response time ■ 13
Equipment list and spare parts inventory ■ Q 0 ❑
Access to cleaning equipment ■ n ❑
Access to construction crews, contractors,and/or engineers 0 n 0
Source of emergency funds ■ Cl n n
Site sanitation and cleanup materials ■ ❑ Q 0
Post-overflow/spill assessment ■ n Q n
Is a Spill Response Action Plan available for all personnel? ■ ❑ 0 Q
Is the spare parts inventory adequate? ■ ❑ ❑ Q
Comment: Good spill response plan
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? ■ 0 Q ❑
Are records of SSOs that are under the reportable threshold available? ❑ ■ O Q
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ 0
If yes, is there a corrective action plan? ■ n Q
Is a map of the system available? Q n n
Page: 5

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date:07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Does the map include:
Pipe sizes 00110
Pipe materials ■ ❑ ❑ ❑
Pipe location ■ ❑ ❑ ❑
Flow direction ■ ❑ ❑
Approximate pipe age ❑ ■ ❑ ❑
Number of service taps ❑ ■ ❑ ❑
Pump stations and capacity ❑ ■ ❑ ❑
If no,what percent is complete? none
List any modifications and extensions that need to be added to the map
Required missing data as noted above. It is being revised.
#Does the permittee have a copy of their permit? ■ ❑ ❑ ❑
Comment: .
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑
Are public notices and proof of publication available? ■ ❑ ❑ ❑
#is an annual report being prepared in accordance with G.S. 143-215.1C? ❑ ■ ❑ ❑
#Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ ❑
If no,which one(s)?
Have not submitted an annual report.
Comment:
1 -Powell Lumber Gravity New Line
Lines/Right-of-Ways/Aerie)Lines Yes No NA NE
Is right-of-way accessible for emergency? ■ ❑ ❑ ❑
Is right-of-way free of sinkholes or depressions? ❑ ■ ❑ ❑
Is line/right-of-way free of evidence of leakage? ■ ❑ ❑ ❑
#Are there areas of exposed line? ■ ❑ ❑ ❑
#Is any exposed line constructed of ductile iron or other approved material? ❑ ❑ ■ ❑
Are water crossing and supports in good condition? ❑ ❑ ■ ❑
#Is right-of-way free of non-utility motorized traffic? ■ ❑ ❑ ❑
Is line free of visible damage? ■ ❑ ❑ ❑
Page: 6

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Are there siphons in this system? 0 0 ❑ Q
If yes,are they maintained and documented?
Comment: One very small sinkhole
1 - Rec Park
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? N ❑ 00
Is it accessible in all weather conditions? M ❑ n ❑
#Is general housekeeping acceptable? Q 0
11
Are all pumps present? 0 ❑ Cl
Are all pumps operable? M ❑
Are wet wells free of excessive debris? 0 0
Are upstream manholes free of excessive debris/signs of overflow? 0 Q Q M
Are floats/controls for pumps/alarms operable? 0 Q Q Q
Is"auto polling"feature/SCADA present? ❑ 0 0 ❑
Is"auto polling"feature/SCADA operational? 0 ❑ M Q
Is simple telemetry present? 0 ❑ Q ❑
Is simple telemetry operational? M ❑ 0
Are audio and visual alarms present? 0 11 0 11
Are audio and visual alarms operable? ❑ M Q ❑
Is the Pump station inspected as required? M 0 0 Q
Are backflow devices in place? 0 Q 11 0
Are backflow devices operable? Q ❑ 0 Q
Are air relief valves in place? ❑ 0 M C1
Are air relief valves operable? O 0 0 Q
# Is an emergency generator available? E 11 Cl 0
Can the emergency generator run the pumps? M n ❑ Q
Is the pump station equipped for quick hook-up? ❑ M Q Q
Is the generator operable? 0 0 Q 0
#Is fuel in tank and sufficient? ❑ ❑ ❑ 0
Page: 7

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is the generator inspected according to their schedule? ■ ❑ ❑ Cl
Is a 24-hour notification sign posted? 011011
Does it include:
Instructions for notification? ■ n n n
Pump station identifier? ■ n n ❑
Emergency phone number ■ n n n
Is public access limited? ■ n n n
Is pump station free of overflow piping? ■ ❑ n
Is the pump station free of signs of overflow? ■ n ❑ O
Are run times comparable for multiple pumps? yes
Comment: The audible alarm did not work.
2-Partons Line
Lines/Right-of-Ways/Aeriel Lines Yes No NA NE
Is right-of-way accessible for emergency? ■ ❑ n n
Is right-of-way free of sinkholes or depressions? ■ n n
Is line/right-of-way free of evidence of leakage? ■ n ❑ 0
#Are there areas of exposed line? ■ Cl n n
#Is any exposed line constructed of ductile iron or other approved material? ■ n n
Are water crossing and supports in good condition? ■ n n n
#Is right-of-way free of non-utility motorized traffic? ■ n n
Is line free of visible damage? ■ n n n
#Are there siphons in this system? n ■ n n
If yes, are they maintained and documented?
Comment: There is a bend in the line that even though this line is not currently in use,
should be repaired in the event of use.
2 -Powell Lumber
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? ■ ❑ n n
Is it accessible in all weather conditions? ■ n ❑ ❑ �
Page: 8

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Is general housekeeping acceptable? ■ Q ❑ 0
Are all pumps present? ■ Q Q ❑
Are all pumps operable? ■ ❑ ❑ Q
Are wet wells free of excessive debris? 11 Q ❑
Are upstream manholes free of excessive debris/signs of overflow? O Q 0 ■
Are floats/controls for pumps/alarms operable? ■ n Q Q
Is"auto polling"feature/SCADA present? ■ 0 Q 11
Is"auto polling"feature/SCADA operational? ■ ❑ ❑ Q
Is simple telemetry present? ■ O Q Q
Is simple telemetry operational? ■ Q Q
Are audio and visual alarms present? ■ 11 ❑
Are audio and visual alarms operable? ■ 0 ❑ Q
Is the Pump station inspected as required? ■ Q Q 0
Are backflow devices in place? Q ❑ ■ Q
Are backflow devices operable? ❑ ❑ ■
Are air relief valves in place? ■ Q ❑ Q
Are air relief valves operable? ■ Q 11 ❑
# Is an emergency generator available? ■ ❑ 11 Q
Can the emergency generator run the pumps? ■ ❑ ❑ ❑
Is the pump station equipped for quick hook-up? ❑ Q ■ Q
Is the generator operable? ❑ O 0 ■
#Is fuel in tank and sufficient? ■ Q ❑
Is the generator inspected according to their schedule? ■ ❑ ❑ Q
Is a 24-hour notification sign posted? ■ ❑ ❑
Does it include:
Instructions for notification? ■ ❑ 11 Q
Pump station identifier? ■ 0 Q
Emergency phone number ■ ❑ n 0
Is public access limited? ■ Q
Is pump station free of overflow piping? ■ 0 ❑ 0
Page: 9

Permit:WQCS00170 Owner-Facility:Town of Bryson City
Inspection Date: 07/29/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is the pump station free of signs of overflow? ■ ❑ ❑ ❑
Are run times comparable for multiple pumps? yes very close
Comment: New pump station is in excellent condition.
3-Jenkins Branch
Lines/Right-of-Ways/Aerie)Lines Yes No NA NE
Is right-of-way accessible for emergency? ■ ❑ ❑ ❑
Is right-of-way free of sinkholes or depressions? ❑ ❑ ■ ❑
Is line/right-of-way free of evidence of leakage? ■ ❑ ❑ ❑
#Are there areas of exposed line? ■ ❑ ❑ ❑
#Is any exposed line constructed of ductile iron or other approved material? ❑ ■ ❑ ❑
Are water crossing and supports in good condition? ❑ ■ ❑ ❑
#Is right-of-way free of non-utility motorized traffic? ■ ❑ ❑ ❑
Is line free of visible damage? ■ ❑ ❑ ❑
#Are there siphons in this system? ❑ ■ ❑ ❑
If yes,are they maintained and documented?
Comment: This line is actually installed in the creek. Most of the line is PVC. It is
checked weekly. This line will be replaced when NC DOT does the US 19 widening
project.
Page: 10

V�111 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 27, 2010
Larry Callicutt
Town of Bryson City
PO Box 726
Bryson City NC 28713
SUBJECT: Compliance Evaluation Inspection
Bryson City WWTP
Permit No: NCO026557
Swain County
Dear Mr. Callicutt:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection conducted on July 29, 2010, The Compliance Evaluation Inspection was
conducted by Don Price and me of the Asheville Regional Office. The facility was found
to be in Compliance with permit NC0026557.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff has any questions, please call me at 828-296-4500.
Sincerely,
Keith Hayne
Environmental Sr. Specialist
Enclosure
cc: Lamar Williams, ORC
Central Files
Asheville Files
S:\SWP\SwairtlWastewater',Muriicipal\Bryson City W fi?26557\7-29-10CEIIetter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 N"Ofrl�Caroliina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 ��Vaturally
Internet:www.ncwaterauality.org

United States Environmental Protection Agency Form Approved.
E p^f—/`1 Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection 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 IN[ 2 15I 31 NCO026557 ' 11 121 10/07/29 117 18I1 191.S1 20U
}— '— Remarks
21111111111111111111111111111111111111111111111116
1Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved----------------------
67 I 1 69 70 U 71 U 72 1 j 73 I ' 174 751 1 ' I I I 1 180
Section B: Facility Data �-+
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Bryson City WWTP
02:00 PM 10/07/29 07/11/01
'
US Hwy 19 W Exit Time/Date Permit Expiration Date
Bryson City NC 28713 03:10 PM 10/07/29 12/10/31
Name(s)of Onsite Representative(s)Mtles(s)/Phone and Fax Number(s) Other Facility Data
Everette Lamar Williams/ORC/828-498-2211/
Lamar Williams//828-488-1004 /
Name,Address of Responsible Official/Title/Phone and Fax Number
Larry Callicutt,PO Box 726 Bryson City NC 28713//828-488-3335/ Contacted
Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement Operations&Maintenance N Records/Reports
Self-Monitoring Program 0 Facility Site Review Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ 67'
Don Price Point Source Branch//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I NC002G 57 I11 12I 10/07/29 I17 18'_,
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Page# 2

Permit: NCO026557 Owner-Facility: Bryson City WWTP
Inspection Date: 07/29/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ N ❑
Is the facility as described in the permit? 0 ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ❑
Is access to the plant site restricted to the general public? ❑ Cl ❑
Is the inspector granted access to all areas for inspection? ❑ ❑ ❑
Comment:
Pump Station-Influent Yes No NA NE
Is the pump wet well free of bypass lines or structures? ❑ ❑ ❑
Is the wet well free of excessive grease? ❑ ❑ ❑
Are all pumps present? ❑ ❑ ❑
Are all pumps operable? ❑ ❑ ❑
Are float controls operable? ❑ ❑ ❑ M
Is SCADA telemetry available and operational? M ❑ ❑ Q
Is audible and visual alarm available and operational? ❑ N ❑ ❑
Comment: The alarm did not sound. The control panel for the pump station is not in
great condition. The Town should consider an upgrade.
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? N ❑ ❑ ❑
Is flow meter calibrated annually? 0 n ❑ ❑
Is the flow meter operational? 0 ❑ ❑ ❑
(If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical M
Page# 3

Permit: NCO026557 Owner-Facility: Bryson City WWTP
Inspection Date: 07/29/2010 Inspection Type: Compliance Evaluation
Bar Screens Yes No NA NE
Are the bars adequately screening debris? ■ ❑ ❑ ❑
Is the screen free of excessive debris? ■ ❑ ❑ ❑
Is disposal of screening in compliance? 00110
Is the unit in good condition? ■ ❑ ❑ ❑
Comment: One microscreen is currently operating while the other one has been
replaced with a manual bar screen, which was working properly.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑
Are weirs level? ■ ❑ ❑ ❑
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ ❑ ❑ ❑
Is the drive unit operational? ■ ❑ ❑ ❑
Is the return rate acceptable(low turbulence)? ❑ ❑ ❑ ■
Is the overflow clear of excessive solids/pin floc? ■ ❑ Cl ❑
Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ■ ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? 00011
Are surface aerators and mixers operational? ❑ ❑ ■ ❑
Are the diffusers operational? ■ ❑ ❑ ❑
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑
Is the DO level acceptable? ❑ ■ ❑ ❑
Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ■ ❑ ❑
\`f
Page# 4

Permit: N00026557 Owner-Facility: Bryson City VWVFP
inspection Date: 07/29/2010 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment: The DO in one of the two "package" plants was acceptable, 2.5 mg/I, but
the operator is experiencing problems with the DO level in the other plant's basin 0,5
mg/1 . It is recommended that the diffusers and headers be checked and replaced if
necessary.
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ■ Q 0 0
(Sodium Hypochlorite)Is pump feed system operational? ■ ❑ Q ❑
Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ 0 Q 0
Is the level of chlorine residual acceptable? Q C3 ❑ ■
Is the contact chamber free of growth,or sludge buildup? ■ Q 0 Q
Is there chlorine residual prior to de-chlorination? ■ ❑ Q 0
Comment: The problem with excessive grease on the surface of the contact basin, as
noted during the last inspection, seems to have been fixed. 12.5 % bleach
De-chlorination Yes No NA NE
Type of system? Liquid
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ Q ❑
13
Is storage appropriate for cylinders? 00 ■
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ 00
Are the tablets the proper size and type? 00 ■ 0
Comment: Calcium Thiosulfate is used.
Are tablet de-chlorinators operational? Q 0 ■ Q
Number of tubes in use? 0
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ n Q 0
Is sample collected below all treatment units? ■ Q ❑ ❑
Is proper volume collected? ■ C1 ❑ Q
Is the tubing clean? ■ Q Q
#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)? ■ O ❑ 0
Page# 5

Permit: NCO026557 Owner-Facility: Bryson City VAVrP
Inspection Date: 0 7/2 912 0 1 0 Inspection Type: Compliance Evaluation
Effluent Sampling Yes No NA NE
Comment: Please make sure that at least 100 ml of sample is pulled for each pulse.
Even though the sampler has a built in temperature reading, it recommended that a
thermometer be added inside the refrigeration unit,
Page# 6

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 31,2010
Mr. J. J. Swain,Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-NC Highway 146
DWQ Project 07-0124
TIP No. R-2813 B
Buncombe County
Dear Mr. Swain:
On August 27,2010,I inspected the construction work on Interstate 26-NC Highway 146 project(Long Shoals
Road)in Buncombe County. Construction work on the Long Shoals Road bridge is complete and construction
of the I-26 bridges are almost complete. Most of the remaining work is concentrated on the new 1-26 on and
off ramps,the new part of Long Shoals Road and removal of the old French Broad River Bridge.
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: Cole Hood,PE
Roger Bryan, Division 13,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Swain)Interstate 26-NC 146 Inspection Letter August 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NOrthCarohna
Internet:www.ncwaterauality,oEg
An Equal Opportunity 1 Affirmative Action Employer Naturally

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: August 27,2010
County: Buncombe Region: Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 07-0124V.5 I NW Permit#: IP_#:
Project Name: NC Highway 146 Widening
Location of Project: NC Highway 146 Long Shoals Road
From west of NCSR 2501 to east of 1-26 in Buncombe County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E&S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
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: X❑ yes ❑ no Estimate 0.40 acres
❑ Zone 1 Est Acres 1 ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse []Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Protects
Background Info
Name of Waterway(s): French Broad River and two unnamed tributaries to FBR.
Basin/ Subbasin: FBR 040302
Wetland Type: ❑Isolated X❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑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— 1/10d`acre X❑1/11d'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: 0.38 acres of wetlands and 467 linear feet of stream mitigation through
EEP. On site stream relocation of 78 linear feet of ut to FBR at Site 2.
Bridge over French Broad River is complete. Both bridges on I-26 are almost complete.
Work is now underway paving the I-26 on and off ramps. Seeding and matting have been completed on part of
the ramps.
Old Bridge over the French Broad River on Long Shoals Road is being dismantled. Care should be taken to
prevent saw cooling water from entering the French Broad River.
Please continue to maintain sediment and erosion control devices and continue with seeding and matting as
required to protect State surface waters.
1-26-NC 146 August 20I0 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 31, 2010
Mr. J. J. Swain,Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-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 August 27, 2010,1 inspected the construction work on the US Highway 19/19E Project in Madison and
Yancey Counties. Major grading, culvert work, bridgework and paving are underway along the entire length
of the project.
Please continue to ensure that all sediment and erosion control structures are maintained and seeding and
mulching are performed as required to protect State surface waters. Also,please refer to the attached
inspection report for any specific items noted during the 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
Mike Parker,Asheville Regional Office
US 19/19E August 2010 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarolina
Internet:www,ncwatergualitv.org
An Equal Opportunity 1 Affirmative Action Employer Naturallb,

Q Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: August 27,2010
County: I Buncombe Region: I Asheville -�
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: WQC No.3706 NW Permit#: rp
Project Name: Improvements to US Highwav 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 Quality Concerns (DWQ):
X❑ Bridge X❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile X❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
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 I ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Ncuse ❑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 XDNon-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed X[_]WS-II ❑WS-V ❑SB
XF]Class C ❑ORW XOTrout ❑WS-III []NSW
XOHQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: XOCulvert ❑Bottomless Culvert
XE]Bridge ❑Bottomless Arch
XE]Riprap Inlet/Outlet Stabilization XnFill
Authorized Wetland Impacts: ❑0— 1/10'h acre Xnl/I I"to 1/P acre
X01/3�d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet Xn> 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
LHeavy grading,construction work and paving continues along the entire length of the project.
2.Several items were noted that needed attention such as sediment entering the stream on the
Madison County side from the contractor draining large areas of collected water. Mr.Randy
McKinney and Mr.Jody Lawrence were advised of and shown these areas of concern. This
practice needs to be stopped and discussed with the contractor.
3.All sediment and erosion control basins should be inspected and cleaned out if needed. All silt
fences should inspected and checked for proper operation. All high visibility fencing should be
checked for proper installation.
4.All bare soil areas(both sides)where construction has not occurred for more than 15 days,
should be temporary seeded or mulched.
5.Please continue to ensure that all sediment and erosion control devices are maintained and working
properly.
6.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.
7. 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
August 2010 Inspection US Hwy. 19/19E

4
_Eh
WNW
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, 2010
Mr. Mike Pettyjohn, P.E.
Division Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro,North Carolina 28659
Subject: Inspection
US Highway 321
DWQ Project No. 041246
TIP No. R-2237B
Caldwell County
Dear Mr. Pettyjohn:
On August 25, 2010,I visually inspected the construction work on US Highway 321 in Caldwell County and
the project appeared to be in good shape. As you know most of the construction work is taking place at the
southern end of the project. The erosion and sedimentation control structures,vegetative covering,mulching
and matting appear to be working properly.
Continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report
for additional comments and recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio, P.E.
Heath Slaughter,Division 11, DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Pettyjohn)US Highway 321 August 2010 Inspection
SURFACE WATER PROTECTION SECTION-Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 T�TOne
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1 V of thCa.rofina
Internet:www.ncwaterquallty.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

�,
�i

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker ==1 Date: August 25,2010
County: Caldwell 1 Region: I Asheville
DOT Division: Division I 1
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: NW Permit#: IP#: 3481
Project Name: U S Highway 321 Widening
Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑Culvert X❑Turbidity
❑ Bottomless Culvert ❑Evidence of spills
❑Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E&S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ Buffer Restoration ❑ Other
❑Bank Stabilization
X❑Other
Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres
❑ Zone 1 Est Acres 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 impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Rocky Cove Creek,Greenfield Branch, unnamed tributary to Puncheon
Camp Creek,unnamed tributary to Right Fork Mulberry Creek,
unnamed tributary to Left Fork Mulberry Creek
Basin/Subbasin: CTB-030831 Yadkin-030701
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I X❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/101"acre X❑1/11`h to 1/3`d acre 0.16 acres
❑1/3`dto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
Additional comments:
Compliance Issues Identified: ❑Yes X❑No
Compliance issues identified: ❑Yes ❑No
If yes, complete the section below:
The entire length of the project was inspected.
Please continue to monitor the steep slope and blasting at the southern end of the project.
Steep slopes and sediment could pose a problem if not properly controlled. The area along
NCSR 1370 (Kirby Mountain Road) appears to be stable at the present time. This area should
be watched carefully and additional sediment and erosion measures may be required. This
area also appeared to be in good condition.
Continue to maintain sediment and erosion control structures to protect state surface waters.
August 2010 US 321 Inspection Report

Wu
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, 2010
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 August 25,2010,I conducted a stormwater inspection for the US Highway 321 construction project in
Caldwell County. The rainfall data appeared to be in good order; however,the sediment and erosion control
data was not complete. The inspector indicated that he did not know he was to inspect the sediment and
erosion control facilities one/week and after each 0.5-inch rainfall event. He was advised of the correct
procedure to follow.
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,
r
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Frank Gioscio, P.E.
Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Pettyjohn)US Highway 321 November 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 NorthCarolzna
An Equal Opportunity 1 Affirmative Action Employer Naturally

\..i
L.�_

Form A June 2005
,Site Inspection form- Conshruciion StoritviaterPeriniit NPDES NCG0,10D00
Site Name:
DINQ RO: LEI
Inspector: , 1.DWQ Inspection date: (A1)�
Location: _
2.County; (A2) %4.`, ,G ,.;: 5.Stream: (A5)1 .. ^
3.Basin: (A3) 5.Class: (A6)�`
4.Location description:(A4) CA
(Topographic 1 vicinity map of site is attached for case file]
7.Land disturbance due to construction/development? CW o;!(A7) r r-tvg
8,On-site representative available during ins ection? No
Names) '
Title(s) :; s
a Y,
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) Y �.:— 3 Not
Inspected ,'
10.Rain Gauge(Part 1. Section 13, No.1.)
Is a rain gauge present on the site at the time of inspection? (A10) �� No n9e�ted*
.... t
11.Rain Gauge Lata(Part 1.Section B.No.1.) .
Is rain gauge data measured and recorded? (Al 1) t- NI n°�
spe cte d
Data from past 14 da s:
Week 1
Amount: r--- 1 `..
}Meek 2 Date:
Amount:
12.Minimum Nionitoring&Record Keening(Part 1. Section B.No.3.)
Are inspection records of erosion&.sedimentation control facilities complete&available_o_n request?
(Al 2) °;r-vies q �- Not
Inspected*
Oates of documented ins ections Burin the past 14 days: — -
Weelt 1 Week 2:
ri
13.Sedimentation impacts to waters: 14.Linear ft of stream im acts
Typical range of sediment depth: (A13a) to (Al 4)
Maximum depth of sediment: (A13b)
15.Photo Documentation; Were photos taken? (A15)
Photos(f.impacted water,2.sedimentation depths,3,sediment control measures, and 4.un-impacted upstream waters;)
and sketch!trap of where photos were taken are attached for case file
18.Notes: , #S { �
, cr r
4
�
'Project personnel not available during DWO site inspection
1-4

\ '
i
�^�.-

41
NCDE�fR
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, 2010
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Stormwater Inspection
US 25/I-26 Connector
DWQ Project No. 081754
TIP No. R-0505
Henderson County
Dear Mr. Setzer:
On August 5, 2010, I conducted a stormwater inspection for TIP Project No. R-0505, US Highway 25/I-26
Connector construction project in Henderson County. The rainfall data and erosion control records appear to
be maintained in good order.
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,
ipzt-�
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell, P.E.
Mark Davis, Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setter)R-0505 August 2010 Stormwater Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One t 1
Internet:www.ncwaterquality.org N6ftll Carrofi.na
An Equal Opportunity 1 Affirmative Action Employer Naturally

Form A June 2005
-Site Inspection form- Construction StorinwaterPerni,MPDES NCGO'10000
Site Name:
DWQ RO:
Inspector: , .:'; 1. DWQ Inspection date: (}'11)
Location:
2.County: (A2) 5.Stream: (A5) r +
3.Basin: (AM) 6.Class: A6 ..__.
4.Location description: (A4) �
[Topographi 1 vcini, map of site is attached for case fife]
7.Land disturbance due to construction/development? (A7) � r—Nu
8.On-site representative.available during ins ection? . : (AS) _ : Yes r—rao
Name(s)
Title(s)
Employers} "F
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) Not
l nspe cte d
10.Rain Gauge(Part 1. Section B.No.1.) _
Is a rain gauge present on the site at the time of inspection? (A10) No ? 771
nospec2ed'
11.Rain Gauge Data(Part 1.Section B. No.1.).
Is rain gauge data measured and recorded? (Al 1) �.Yo ti No r Npr`
lnspeeted
Data from past 14 da s:
Week 1 Date: '
Amount: .
Week 2 Date: } M „3
Amount. F,
12.Minimum Monitoring&Record Keeping(Part 1.-Section B. No.3.)
Are inspection records of erosion&.sedimentation control facilities complete &available n rectest?
(Al2} v I-; No t—:Not
Inspected
Dates of documented ins ections during the past 14 days:
Week 1:
Week 2:
13.Sedimentation impacts to waters: 14. Linear ft of stream!m acts_
Typical range of sediment depth: (A13a) _to (A14)
Maximum depth of sediment: (A13b)
15.Photo Documentation: Were photos taken? (A15) =r-Yes No
Photos(1.impacted water,a sedimentation depths,3.sediment control measures, and 4.un impacted upsaaam war.s
and sketchl map of where photos were taken are attached for case file
16.Notes:
141
F.
.Project personnel not available during rDVIQ site inspection
i

A
w�N..�
KUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
August 31, 2010
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Stormwater Inspection
Upward Road NCSR 1783
DWQ Project No. 081754
TIP No. R-4430
Henderson County
Dear Mr. Setzer:
On August 5, 2010, I conducted a stormwater inspection for TIP Project No. R-4430,NCSR 1783,Upward
Road construction project in Henderson County. The rainfall data appeared adequate;however, inspection
data did not have inspection dates. Inspections are required at least once per week and after every 0.5-inch
rainfall event. Please ensure that these records are maintained as required.
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,
'/- ��'0,6 4
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell, P.E.
Mark Davis,Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setzer)R-4430 August 2010 Stormwater Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:wvvw,ncwaterquality.org NOrthCarolin.a
An Equal Opportunity 1 Affirmative Action Employer Naturally

\._�,
i

Form A June 2D05
Sil Inspection form- Cor7shructiorl Stormyvafer Parmit flPDES NCG010000
Site Name: rJab
DWORO:
Inspector: 1.DWQ Inspection date; (A1).
Location:
2.County: (A2) cra►�?!�t 5. Stream: (Aa} ,
3.Basin: (A3) * N 6. Class: A6}
4.Location description,(A4)
(Topographical vicinity map of site is attached for case f'e]
7.Land disturbance sear:to construction/development? (A7)
8.On-site representative.available during ins action? A8) r—11-rao
Name(s)t--- ---,
Titles
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? Not
. Inspect d
10.Rain Gauge(€part 1. Section
Is a rain gauge present on the site at the time of inspection? (A10) :_ y 5 _ ; NC,17 Not
Inspe cle
11.Rain Gauge Data(Part 1.Section B. No.1.).:
71
Is rain gauge data measured and recorded? (Al 1) NQ Inspected*,*,",
Data from past 14 da s:
Week DIte;
Amount: _
Week 2
Date:
Amount: • , ""
12.Minimum Monitoring&Record Keeping (_Part 1. Section B.No 3 j
Are inspection records of erosion&sedimentation control facilities complete&available on request
2 r-Vas P Not
(Al } 17 Inspected
Dates of documented ins ections during the past 14 days:
Week 1:
Week 2: MW
13.Sedimentation impacts to waters: 14. Linear ft of stream Im acts
Typical range of sediment depth: (A13a) to (Al 4)
Maximum depth of sediment: (A13b)
15,Photo Documentation: Were photos taken? (A15) Lr- ,ate r ivo
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 attached for case file
� L r
1"f W. `
s
s � c
Project personnel not available during DWQ site inspection
1-4

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 31, 2010
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1783 Upward Road
DWQ Project 08-1327
TIP No. R-4430
Henderson County
Dear Mr. Setzer:
On August 5,2010, I inspected the construction work on Upward Road between US Highway 176 and Howard
Gap Road in Henderson County. Most of the construction was taking place between Interstate 26 and Howard
Gap Road and construction is taking place on the culvert near US 176,
Sediment and erosion control measures appeared to be in good condition. Please ensure that all sediment and
erosion control structures are maintained and that seeding and mulching are performed as needed to protect
downstream waters. Please refer to the attached copy of the inspection report for additional comments
regarding the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
/L
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis, Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Upward Road R-4430 Inspection Letter August 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarol.ina
Internet:www.ncwateraualitv.oro
An Equal Opportunity 1 Affirmative Action Employeraaul�CC�

DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: August 5,2010
County: Henderson Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1327 NW Permit#: 13, 12, 14 IP#:
Project Name: Upward Road Widenina Project R-4430
Location of Project: Upward Road(NCSR 1783)between US Highway 176 and Howard Gap Road
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Ouality Concerns(DWO):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑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 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): Bat Fork Creek and tributaries,tributary to Dunn Creek and tributaries
to King Creek
Basin/Subbasin: French Broad 040302
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/101h acre ❑1/I Ph to 1/3`d acre 0.1 acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 891 linear feet
Additional comments:
Reviewed project with DOT staff.
Seeding and/or matting should be performed as areas are graded.
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.
Construction has started on culvert near US 176.
Upward Road R-4430 Inspection August 2010

A 0 MATJ
WDENR
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, 2010
Mr.J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project 08-1754
TIP No. R-505
Henderson County
Dear Mr. Setzer:
On August 5,2010, 1 inspected the construction work on US Highway 25 between Interstate 26 and NC
Highway 225 in Henderson County. Major grading and paving continue along the entire length of the project.
Review of the sediment and erosion control program found that the program appeared to be in good shape.
Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are
performed as needed to protect downstream waters. Please refer to the attached copy of the inspection report
for additional comments regarding the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
US 25 Inspection Letter August 2010
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NofthCaro.lina
Internet:www.ncwaterouality.orp (��y ��q/lytuyj/�tJ�
An Equal Opportunity 1 Affirmative Action Employer �"" "" " "lb

DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R. Parker Date: August 5,2010
County: I Henderson Region: Asheville -�
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
[]DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1754 1 NW Permit d IP#:
Project Name: U S Highway 25-I-26 Connector R-505
Location of Project: U S Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E&S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

DWO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Laurel Creek,Green River,Bat Fork,King Creek,Freeman Creek,
Lake Summit,Hill Branch,Jones Branch,Mill Creek,Laurel Branch,
Jones Creek
Basin/Subbasin: Broad 030501
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
X❑HQW ❑WS-I ❑WS-IV RSA RCA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/1& acre ❑1/11"'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 1,346 linear feet
Additional comments:
Reviewed project on August 5,2010. Heavy construction continues on the south end of the project. Some
paving has taken place and approximately 40%of the project has been paved.
Some sediment and erosion control structures were in need of cleaning.
The biggest area of concern is site around the steel plate pipe with steep slopes bare soil near the end of the pipe.
MSE Wall to be installed.
Seeding and/or matting should be performed as areas are graded.
Maintain all sediment and erosion control devices. Please continue with seeding and matting as required to
protect State surface waters.

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, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 1635
Mr. Justin Hambree, Town Manager
Town of Tryon
301 N. Trade Street
Tryon, North Carolina 28782
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 NCO086525
Town of Tryon
Tryon Water Treatment Plant
Case No. MV-2010-0011,MV-2010-0012, MV-2010-0013, MV-2010-0014,
MV-2010-0015
Polk County
Dear Mr. Hambree:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$834.00
($700.00 civil penalty+ $134.00 enforcement costs) against the Town of Tryon.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring reports (DMRs) submitted by the Town of Tryon for the months of January, February,
March, April and May of 2010. This review has shown the subject facility to be in violation of the
discharge limitations and/or monitoring requirements found in NPDES Permit NC0086525. The
violations which occurred in January, February, March, April and May 2010 are summarized in
Attachments A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Tryon violated the
terms, conditions or requirements of NPDES Permit NCO086525 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachments 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 the Town of Tryon:
One
ortnuarollina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE N(Itl(tally
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

3of the 3 violations of G.S. 143-215 and NPDES Permit No.
NC0086525, for failure to properly monitor Weekly Flow for 01 /
$150.00 2010 DMR in violation of the Permit Monitoring requirements.
2of the 2 violations of G.S. 143-215 and NPDES Permit No.
NC0086525, for failure to properly monitor Weekly Flow for 02/
$100.00 2010 DMR in violation of the Permit Monitoring requirements.
5of the 5 violations of G.S. 143-215 and NPDES Permit No.
NC0086525, for failure to properly monitor Weekly Flow,
$250.00 Quarterly TN & TP and Quarterly Manganese for 03/2010
DMR in violation of the Permit Monitoring requirements.
2 of the 2 violations of G.S. 143-215 and NPDES Permit No.
$100.00 NC0086525, for failure to properly monitor Weekly Flow for 04/
2010 DMR in violation of the Permit Monitoring requirements.
2 of the 2 violations of G.S. 143-215 and NPDES Permit No.
$100.00 NC0086525, for failure to properly monitor Weekly Flow for 05/
2010 DMR in violation of the Permit Monitoring requirements.
$700.00 TOTAL CIVIL PENALTY
$134.00 Enforcement Costs
$834.00 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:

Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please.,submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.

In order to request remission, you must complete and submit the enclosed "Request for Remission'
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven (7)business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of ` 'J
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
\v ;

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,
e. '��dvv_a�-A
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Joel Burrell, Director of Public Works w/attachments
".'. GGI'.iroll:tG 4Cei�;zCUa'LPila.irricprl%I'ryon1C•"I7'ofiS25 RiV-2()It�-t7�?(I thrat_101 doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2010-0011, MV-2010-0012, County: Polk
MV-2010-0013, MV-2010-0014,MV-2010-0015
Assessed Party: The Town of Tryon
Permit No.: NCO086525 Amount Assessed: $834.00
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:
i

fE 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
THE TOWN OF TRYON/ TRYON WTP )
PERMIT NO. NCO086525 ) FILE NO, MV-2010-0011
MV-2010-0012
MV-2010-0013
MV-2010-0014
MV-2010-0015
Having been assessed civil penalties totaling $834.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 31,2010, the undersigned,
desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 520
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 31, 2010
Mr. Jimmie Allen Stowe
Duke Energy Carolinas LLC
526 S Chruch St
Charlotte, NC 28201-1002
SUBJECT: Compliance Evaluation Inspection
Cliffside Steam Station
Permit No: NC0005088
Rutherford County
Dear Mr. Stowe:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on July 28, 2010. The facility appeared to be in Compliance
with permit NC0005088. No violations of permit requirements or applicable regulations
were observed during this time.
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: Steve D Hodges, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOp O
One hria
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 //
Internet:www.ncwateraual� `/�►Y'7 org ahmmill
S.\SWP\Rutherford\Wastewater\Industrial\Duke Cliffside 05088\05088 CEI 2010.doc

United States Environmental Protection Agency
Washington,D.C.20460 Form Approved.
EPA 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 I j 31 NC0005088 111 12[ 10/07/28 117 18I cl 19u 20U
J Remarks L!
211 1 1 1 1 1 1 1 i l l l j j i l l l 1 1 1 1 1 1 1 1 1 1 1 ] l l l l i l I I I. I I T I I I 116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved------------------
671 f 69 701 31 71' I 72I N) 73LLJ 74 751 I I I I I ( 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Cliffside Steam Station 09:30 AM 10/07/28 07/09/01
Duke Power Rd Exit Time/Date Permit Expiration Date
Cliffside NC 28024 12:00 PM 10/07/28 10/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Steve D Hodges/ORC/828-657-2339/
Name,Address of Responsible Official/Title/Phone and Fax Number
Jimmie Allen Stowe,526 S Chruch St Charlotte NC Contacted
282011002//704-382-4309/7043829840 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance 0 Self-Monitoring Program ■Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(sT Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/
f�e
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. 1
3I N00005088 (11 12� 10/07/28 117 18I_'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
There are two coal ash basins at this facility. Both the active and inactive coal ash basins have dedicated
outfalls (toe drains)for seepage. Near the top of the inactive coal ash basin a spring originates, runs
through the basin and goes out through the toe drain. These seepage outfalls are not accounted for in the
current permit. Currently the facility is creating an additional ash storage basin. Water collected in the new
coal ash landfill will be drained to the-002 outfall pond.- -
At the time of inspection a new small package plant was being constructed and projected to come online
within a few weeks.This small system will treat domestic waste water only and will discharge into the 002
pond. An inspection will be done at a later date after the package plant is online.
No violations of permit requirements or applicable regulations were observed during this inspection.
Page# 2

Permit: NC0005088 Owner-Facility: Cliffside Steam Station
Inspection Date: 07/28/2010 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable Solids,pH, DO, Sludge ❑ ❑ ■ ❑
Judge, and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ 0 0
Is the facility as described in the permit? 0 ❑ ❑ ❑
#Are there any special conditions for the permit? M ❑ ❑ ❑
Is access to the plant site restricted to the general public? 0 Cl ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Lagoons Yes No NA NE
Type of lagoons?
#Number of lagoons in operation at time of visit? 1
Are lagoons operated in? Series
#Is a re-circulation line present? ❑ 0 ❑ ❑
Is lagoon free of excessive floating materials? M ❑ ❑ ❑
#Are baffles between ponds or effluent baffles adjustable? ■ ❑ ❑ ❑
Are dike slopes clear of woody vegetation? M ❑ ❑ ❑
Are weeds controlled around the edge of the lagoon? M ❑ ❑ ❑
Are dikes free of seepage? ❑ M ❑ ❑
Are dikes free of erosion? ❑ ❑ n
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? 0 ❑ ❑ ❑
Is the lagoon free of short circuiting? M ❑ ❑ ❑
Comment: Both the active and inactive coal ash basins have dedicated outfalls for
seepage. These seepage outfalls are not accounted for in the current permit.
Upstream/Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ■ ❑ ❑ 0
Page# 3

Permit: NC0005088 owner-Facility: Cliffside Steam Station
Inspection Date: 07/28/2010 inspection Type: Compliance Evaluation
Upstream/Downstream Sampling Yes No NA NE
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? C3 Q 0 Cl
Is sample collected below all treatment units? 0 ❑ Cl
Is proper volume collected? Q
Is the tubing clean? n 0 N
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? Q ❑ ■
11
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? O ❑ 0
Comment: There is no composite sampling at this facility.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ❑ ❑ Q
Are the receiving water free of foam other than trace amounts and other debris? 0 Q O 0
If effluent (diffuser pipes are required) are they operating properly? ❑ 0 M 0
Comment:
Page# 4

�AWFA
!fCLDENR
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, 2010
Dick Bragg
Post Office Box 659
Rosman NC 28772
SUBJECT: Compliance Sampling Inspection
Bragg Trout Farm
Permit No: NCG530066
Transylvania County
Dear Mr. Bragg:
Enclosed please find a copy of the Compliance Sampling Inspection Report from
,the inspection conducted on August 11, 2010. The Compliance Sampling Inspection was
conducted by Roger Edwards and me of the Asheville Regional Office. The facility was
found to be in Compliance with permit NCG530066.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to contact me at 828-296-
4500.
Sincerely,
Keith Hay etS S
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
Si\SVJP\Trar)sylvania\VVc4stewater\GerneraMCG`�3 Trout FarrTW08-11-10C.LI1etter0066.dc,c
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70, Swannanoa, NC 28778 One
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NorthCarolliina
Internet:www.ncwateguality org

United States Environmental Protection Agency Form Approved.
E P Q Washington,D.C.20460 OMB No.2040-0057
/� Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 31 NCG530066 I11 12I 10/08/11 117 181.GI 19L 20 U
L! I Remarks !J �.
21111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIII16
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------------------Reserved-------------- --
67 I 169 70IU 71 U 72 I N l 73 L_U 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
45: PM 10 08 07/08/01
Bragg Trout Farm 01 / /11
Old wagon Rd Exit Time/Date Permit Expiration Date
Balsam Grove NC 28708 03:00 PM 10/08/11 12/07/31
Name(s)of Onsite Representative(s)rritles(s)/Phone and Fax Number(s) Other Facility Data
Richard W Bragg//828-877-5574 /
Name,Address of Responsible Officialrritle/Phone and Fax Number
Richard W Bra Contacted
gg,H C 73 Box 659 Rosman NC 287729618//828-877-5574/ yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance E Facility Site Review Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes 0 ARO WQ//828-296-4500/ V -30- IO
Roger C Edwards ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date s� ']/1
Roger C Edwards-+ _ ARO WQ//828-296-4500/ _ _ 3 V C
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I NCG530066 I11 12I 10/08/11 ' 17 18'_
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The farm appeared to be operating in compliance with the general permit.
`tea'
Page# 2

Permit: NCG530066 Owner-Facility: Bragg Trout Farm
Inspection Date: 08/11/2010 Inspection Type: Compliance Sampling
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ 0
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ 0
El
Judge,and other that are applicable?
Comment: The farm appeared to be well-maintained with no problems noted. The
owners have been experiencing lots of fish mortality due to weather conditions.The fish
had not been fed in about two weeks due to the prolonged high ambient temperatures
and the lower than normal stream flow. Fish production is normally 200,000 to 250,000
Ibs per year.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ 11 ■
Is the facility as described in the permit? N 113 0 0
#Are there any special conditions for the permit? 0 Q N
Is access to the plant site restricted to the general public? ■ ❑ 0
Is the inspector granted access to all areas for inspection? ■ ❑ ❑
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? N Cl 0 Q
Are the receiving water free of foam other than trace amounts and other debris? ■ Q 0 D
If effluent (diffuser pipes are required) are they operating properly? 0 I] E D
Comment: Downstream Dissolved Oxygen was 8.05 mg/I at 21.7 degrees C. No
adverse impacts were noted in the receiving stream. Effluent samples were collected
for BOD, TSS and Nutrients.
BOD=2.0 mg.l
TSS=6.2 mg/I
Both of the results are at the normal minimum detection limits for the lab.
Nutrient Results:
NH3=0.42 mg/1
TKN=0.70 mg/I
NO2 plus NO3=0.14 mg/I
Total P=0.11 mg/I
Page# 3

�\
�:
`-/I

At
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, 2010
Margaret G. and John M. Hogan
3718 Bobbin Brook Circle
Tallahassee, FL 32312
Subject: Request for More Information
401 Water Quality Certification
Hogan Property—Lake Glenville
DWQ Project#10-0559
Jackson County
Response deadline: October 1, 2010
Dear Ms. Hogan and Mr. Hogan:
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 indicate the dimensions of the impact(i.e., how many linear feet of lake shore will be
affected and to what depth?). A sketch diagram is required as part of the application—indicating
the impact length and depth(below full pool elevation and above full pool elevation). The
Division does not allow the use of dry stack stone below full pool elevation(rip rap is allowed,
as indicated in Duke Energy's shoreline stabilization guidance). It appears that your property
has a sufficient buffer and a stable shoreline, so the Division does not understand the need for the
dry stack wall. (A sketch diagram template and example are attached for your use, so that you
can better indicate the impacts). If dry stack must be used, it should be used above the full pool
elevation.
2. You stated that you propose to install a ramp. Please describe and/or sketch what type of ramp
you propose. Is it a wood ramp for a floating dock? Will it be an asphalt path to a floating
dock?
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1tTOne 1,t+ t
Internet:www,ncwaterquality.org 1 V ol/�Jt' Cay►r olina.
An Equal Opportunity 1 Affirmative Action Employer (V�' h d4

Ms.Hogan and Mr.Hogan
August 31,2010
Page 2 of 2
Please provide your response in writing to the addresses below prior to October 1. Four copies of the required
information should be provided to the 401 Permitting Unit at: -
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US 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 Susan A. Wilson [phone], if you have any questions.
Sincerely,
9J A
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Ian McMillan-401 Permitting Unit
Lisa Leatherman, Duke Energy, Lake Services
Jackson County Planning
ARO File copy
S:\SWPllackson\401s\Non-DOT\Hogan Prop-Lake GlenviIle\Addlnfo.Marge Hogan Prop.8 2010.doc

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please approximatel" ketch.the aovtn er r t il plan
(,Please provide d`imen lons Farr each ileitis, such as jq#t. x jOG lt);
1)All proposed vegetation et�aran (Pro i lei dimen-40110
2) ocaflon of rip rap*,T fill to be plat-ed above the Full Pond elevation
3)Location of rip rap or fill to he placed below the FUN Pond elevation
4)The location of prop osed str retores OUelti 03 buildings, retainin
ells o docks., etc,
6}The location of any excavation or dredging below the Full Pond
elevation.
6)Location of construction access corridors,

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(please provide Onension .r.eaeb lttm,such as is ft. x 1010 ft),
1) ;ill proposed vegetation diimen0one)
A Location of rap rip or fill to be dazed above the Full Pond elevation
Location of Op np er'(ill to be:placed below the Full Pand elevation
4) The location,of any.pri po$,Od et.r.et aroe�!s ch as��ril,Ing , lretain�in
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6),Location of construction actes terridorea.

MCDENR
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, 2010
Mr. Kenneth L. Westmoreland
Jackson County Manager
401 Grindstaff Cove Road
Sylva,North Carolina 28779
Subject: Additional Information Request
Stormwater Permit Application
NCSR 1182 Extension
Jackson County
Dear Mr. Westmoreland:
On August 20,2010,the Division of Water Quality,Asheville Regional Office received your application for a
State Stormwater Management Permit for the extension of North Carolina Secondary Road 1182 to access the
Jackson County Recreation Park in Cashiers,North Carolina. A review of the application,narrative and
engineering plans have found the submittal to be insufficient and not in accordance with North Carolina
Administrative Code 2H .1000 Stormwater Management. Therefore,we are requesting additional information
in order to continue processing your application. Please submit additional information addressing the items
listed below:
1. Discharge of stormwater to waters classified ORW with a disturbed area greater than 12%built upon is
classified as a High Density Project must be designed to meet the applicable high density requirements
specified in Rules .1007 and .1008 of this Section with stormwater control measures designed, operated
and maintained in accordance with the provisions of this Section. Stormwater control measures and
operation and maintenance plans developed in accordance with Rule .1008 of the Section must be
approved by the Division.
2. Stormwater controls must be designed to control the runoff from all surfaces generated by one inch of
rainfall and target a reduction of Total Suspended Solids by 85%. You will need to provide additional
information indicating why you cannot construct other types of Best Management Practices(BMP's)to
reduce water quality impacts to State surface waters. The proposed grassed swale provides very little or no
stormwater treatment for total suspended solids, peak runoff attenuation and runoff volume reduction.
Please respond in writing within thirty(30)day of receipt of this letter. Your response must include at a
minimum your plans for addressing the above listed items.
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone]
Customer Service:1-877-623-6748 TTOne
1�
Internet:www ncwaterguality org v O tC yafrolliina
An Equal Opportunity 1 Affirmative Action Employer

Mr.Kenneth L. Westmoreland
August 31,2010
Page Two
If you have questions,please call me at 828-296-4500.
Sincerely,
71-0"w
Michael R. Parker
Environmental Senior Specialist
cc:Lofquist&Associates,Inc.
Joel Setzer, Division 14,Engineer
Transportation Permitting Unit
Mike Parker,Asheville Regional Office